Addison is a family-oriented village, and about three-quarters of the households consist of families. Both traditional and non-traditional families make up the population of Addison, where almost a quarter of the families are not headed by a husband and wife. Additionally, 20 percent of the mothers who give birth each year there are not married. Unfortunately, relationships do not always last, and both non-traditional and traditional families can split up. Disputes over parenting time and responsibilities often arise as a result. If you need assistance with a family law matter, you should retain an experienced Addison divorce lawyer to help you. The attorneys at Kollias & Giese, P.C. have the knowledge and experience needed to aid you in pursuing your desired outcome in your family law case.Determining Parentage and Parenting Time and Responsibilities
Disputes over parenting time and responsibilities are common when the parents of a child decide to end their relationship. While determining who should have parenting time or bear parental responsibilities can be a sensitive issue in any situation, it can be an especially complex and arduous process when the parents of the child are not married. If you are involved in a dispute over parental rights in Addison, and you were not married when your child was born, you should seek the assistance of a family law attorney to help you develop an arrangement that is beneficial to your child and protects your parental rights.
First, it is important to definitively determine the parentage of a child born out of wedlock for the purposes of parenting time, parental responsibility, and support. In most cases, it is the identity of the child’s father that is contested. Under Illinois law, if a child is born outside a marriage, there are several ways in which paternity can be established. One method in which a man may show that he is the father of a child is by executing a voluntary acknowledgement. In some cases, a court may order the parties to undergo genetic testing to determine paternity.
Parentage can also be established by filing an action asking the court to adjudicate parentage. Our divorce attorneys can guide Addison residents through these proceedings. Either the mother of the child or the purported father may file the action. The court will ultimately issue an order stating whether the purported father is the parent of the child. Additionally, the order will set forth or reserve provisions regarding any support obligations, and it will determine the allocation of parental responsibilities and parenting time. The main focus in determining parental responsibilities and parenting time is what is in the best interest of the child. Factors such as how an arrangement will affect a child’s mental and physical health are generally considered in determining whether an arrangement is beneficial to a child.Filing a Petition for Dissolution of Marriage
Another common yet challenging scenario in which a party would benefit from the assistance of an attorney is when he or she wishes to seek a divorce. In Illinois, a person can file a petition for dissolution of marriage if either the person or his or her spouse has lived in the state for at least 90 days. An Addison divorce attorney can assist them with filing the petition. Illinois does not allow for fault-based divorce. Instead, a person filing a petition will allege that irreconcilable differences caused the irretrievable breakdown of the marriage.
If the parties in a divorce action have lived separately for six months prior to the entry of a judgment dissolving the marriage, there is an irrefutable presumption that irreconcilable differences are present, and the dissolution of the marriage is appropriate. In most cases, a court will not enter a judgment until any pending parenting time, parental responsibility, child support, and spousal maintenance issues have been addressed. While some divorces are straightforward, ending a marriage can become complicated when dealing with parenting time and property division. As a result, if you wish to pursue a divorce, it is in your best interest to retain a capable family law attorney to assist you.Consult a Skilled Family Law Attorney
Even the best relationships can sour, and what starts as heartache can lead to protracted legal battles. If you intend to seek a divorce, or if you are already involved in a divorce, you should consult a skilled divorce lawyer in the Addison area to determine an appropriate plan of action. The attorneys at Kollias & Giese, P.C. possess experience and skill in navigating the Illinois family courts and can help you seek a successful result. To schedule a consultation, contact us at (630) 407-1200 or via our online form.