Posted on August 31, 2013 in Divorce

On June 1, 2011, couples were officially allowed to enter into civil partnerships, which are between two people of the same gender. Because civil unions are still a fairly new idea in the United States, many people have questions about them. Here are some answers to those questions from Equality Illinois (EQIL), which is an organization trying to get more equality to these same sex couples: How does a couple enter and exit a civil union?  Civil unions are pretty much the same as marriages. The couple must get a license from the city clerk, exchange vows in front of witnesses and register the union. All marriage, divorce and annulment laws apply equally to marriage and civil unions. What benefits are a couple entitled to from the state when they enter into a civil union? About 650 state rights are granted to same sex couples when they enter into civil unions, including: hospital visitation rights, inheritance rights, the right to make funeral arrangements, emergency medical decision-making power, equal estate tax treatment, state spousal benefits, the right to share a nursing or hospital room, equal state and local tax treatment, and protection of domestic relations under other laws. Essentially, in 2011, Illinois made civil unions legally equal to marriage. Does the Illinois Religious Freedom and Civil Union Act affect children of same sex couples the same as children of heterosexual couples?  This act would protect all children equally, regardless of the gender of their parents, but it has not yet been passed. Currently in Illinois, homosexual parents cannot both claim their children legally. How would Illinois civil unions relate to laws in other states and federal laws? Civil unions from other states would be accepted in Illinois, however, if performed in Illinois, they may not be accepted elsewhere. Federal marriage laws, however, would not be affected. Although many people are fighting to be able to enter into a civil union and have equal rights to married people, some people are already in civil unions and are not happy. Just like a marriage divorce, some civil partnerships end and people need to leave the relationship legally. If you are part of a civil union and would like to exit it, contact a family law attorney for assistance. Goostree Law Group can help you with your civil union in Kane County today.

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 Posted on August 25, 2013 in Divorce

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 Posted on August 17, 2013 in Divorce

Deciding to file for divorce is a hard decision. Alas, at times, divorce is the right choice. This is often the case for young couples who have fallen victim to youthful haste and have gotten married without thinking it through. Though there are plenty such couples who have long and happy marriages, there are many who realize their mistake and decide to file for divorce. We should note that this post is about divorce after a short marriage, and not annulments. In cases where the marriage is relatively brief, couples may avoid lengthy divorce proceedings by following Illinois simplified divorce procedures. Couples that follow this route usually do not have children, have not accumulated substantial assets during their marriage and tend to agree that the marriage was a mistake. Simplified divorce procedures are desirable because they are cheaper, less emotionally charged and allow parties to focus on their post-divorce life. In order to file for a simplified divorce, couples must file a joint petition certifying that:

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 Posted on August 14, 2013 in Divorce

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 Posted on August 11, 2013 in Divorce

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 Posted on August 07, 2013 in Divorce

Getting back into the dating game after being in a marriage for a long tim can be interesting, to say the least. While there are laws about things that you should and should not do, according to the Huffington Post, there are a few things that you should keep in mind as you are preparing for the single life. Do not Focus on What Your Ex is Doing This is not the time that you need to keep up with your ex. Do not worry about whom they are dating or how many dates they go on weekly. You absolutely do not have to prove anything by one upping them on the dating game. This is not a race and you should not put any pressure on yourself to go on dates until you are ready. Do not force it. Know What you Don’t Need While you are getting acclimated to life after divorce and not sharing your space with a significant other, do not fool yourself into thinking that all change is bad. There is nothing wrong with spending some time alone. You do not need a new boyfriend or girlfriend to be there with you all the time. This is a time of healing. If you do not afford yourself the time to heal, you will only be carrying baggage into the new relationship. Save the Intimacy for Later Loneliness can make you do crazy things. After going through a break up of any kind, you will love getting attention from the opposite sex. Attention is fine, but that does not mean that you should jump into bed with the first person or the first few people that give you that much needed attention. Being in a long-term relationship can cause you to lose a little bit of yourself. Take this time to get to know you before introducing yourself to the dating world. While your Kane County divorce attorney may not give you dating tips, they can definitely help you with any questions that you have regarding your divorce.

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 Posted on August 04, 2013 in Property Division

Family law attorneys work hard to be advocates for their clients. Their true value lies not only in their legal expertise and experience, but also in their ability to think clearly in an emotionally charged situation, when clear thinking is crucial. Even in uncontested divorces, it is important to have a Kane County family law attorney who can identify and resolve complex issues. In cases where there is joint ownership of tangible assets, divorce attorneys can ensure proper division of those assets and execution of the required legal forms. For example, if a couple owns a home jointly and the home still has a mortgage on it, they may agree that one spouse will take over ownership and make mortgage payments. If this is not done correctly, however, it is a formula for disaster. Even though now one party has legal title, both parties are still on the hook for the mortgage; banks do not care that there was a divorce, and they will not agree to remove spouses from mortgages just because they no longer live in or own the property. In these cases, an experienced divorce attorney will ensure that any property division contains a clause that requires the spouse who takes over the property to refinance it under only one name. Otherwise, one may be on the hook for a property in which they no longer live. If it sounds like speculation, it is not. Divorce law is full of cases where one party took possession of the home, but could not keep up with the payments or secure financing, causing the bank to foreclose on the home. In these cases, both parties would be part of the foreclosure proceedings, meaning that both credit scores would suffer and both parties would be responsible for any deficiency judgments. Parties can avoid these issues with proper legal representation. We cannot foresee everything, but an experienced Kane County family law attorney can go a long way towards planning for them.

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 Posted on July 30, 2013 in Divorce

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 Posted on July 26, 2013 in Divorce

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 Posted on July 22, 2013 in Divorce

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