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Arlington Heights, IL family law attorney order of protection

Domestic violence affects the lives of millions of individuals in Illinois and across the country. If you, your child, or a disabled adult who you know have been abused or harassed, you may be interested in getting an order of protection. Called restraining orders in other states, an Illinois order of protection is a legal court order that prohibits someone from further harassment and abuse. It may require the abuser, called the respondent, from coming to your home, workplace, or school or contacting you. It may even require the respondent to move out of your shared home or surrender any firearms he or she owns.

Emergency Orders of Protection May Be Granted Based on Your Testimony

In Illinois, there are three main types of protection orders: emergency orders of protection, interim orders of protection, and plenary orders of protection. Emergency orders of protection (EOP) are often issued on the same day that they are requested. In most legal actions, the respondent must be served with notice of the action. However, an EOP may be granted “per se,” which means that the respondent is not present or notified of the court order. The EOP may be granted on your testimony alone.

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Arlington Heights, IL family law attorney DCFS investigation

Child abuse and neglect are serious problems in the United States. Sadly, it is estimated that almost 700,000 children are abused every year in the United States. However, an allegation of child abuse is not true simply because someone accuses a parent of abuse. The Illinois Department of Children and Family Services (DCFS) is the governmental agency tasked with investigating claims of child abuse in Illinois. If you are being investigated by the DCFS after being accused of mentally, physically, or sexually abusing your child, there are several things you should do.

Keep Calm and Comply with the Investigation

If you have been accused of hurting your own child, you may be offended and dismayed. You may be furious with the accuser or shocked that he or she would make such an allegation. However, it is important to keep your emotions under control. Lashing out at the person who accused you or at the DCFS staff will only make your situation worse. Comply with the DCFS’s investigation. An investigator may visit your home, interview you, and speak with your child’s doctor, teacher, relatives, or other adults in the child’s life. The DCFS’s job is to investigate the allegations and determine if there is evidence that suggests that the allegations are true.

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Rolling Meadows family law attorneyThe law in Illinois requires divorcing parents to submit a plan for how they intend to care and provide for their children. Parenting plans include provisions for how child custody, officially called the allocation of parental responsibilities in Illinois, should be managed, as well as several other child-related concerns. One part of Illinois parenting plans that often gets overlooked is the “right of first refusal.” Read on to learn what the right of first refusal is and how you can include directions about extra parenting time in your parenting plan.

Maximizing Parenting Time With Right of First Refusal Provisions

If you are a parent who is getting divorced, you may worry that you will not get to spend as much time as you want to with your child once the divorce is finalized. Parents who are used to seeing their children every day can understandably have a difficult time adjusting to a parenting schedule where they see their children less often. The right of first refusal refers to the right that parents have to spend time with their children when the other parent cannot fulfill his or her parenting time obligations.

For example, imagine that your child’s other parent goes on a business trip during one of the weekends that he or she is assigned parenting time. Instead of the parent calling a babysitter or other individual to care for the child in his or her absence, the right of first refusal can require the parent to ask you if you are able and willing to care for your child during the business trip. If you “refuse” the extra parenting time, then the other parent would be permitted to hire a babysitter or find alternative childcare.

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Arlington Heights family law attorneysIf you are thinking about filing for a divorce from your spouse, you will eventually need to know how to do so. Even if you and your spouse are in total agreement that a divorce is necessary, you are likely to have many questions about the divorce process.

Depending your circumstances and the dynamic of your relationship, you and your spouse may very well have spent many months preparing for your divorce—both logistically and emotionally—but the divorce does not formally begin until one of your files a petition for dissolution of marriage with the court. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides rules regarding who is eligible to get divorced in the state and where to file your petition.

Illinois Residency

You qualify to have your divorce handled in the state of Illinois if you or your spouse have been a resident of the state for no less than 90 days prior to the filing. If you or your spouse were stationed in Illinois as part of your military service, your time in Illinois would count toward the residency requirement.

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Arlington Heights prenup lawyer

Going through a divorce can be a messy process, especially when it comes to splitting the assets between the two partners. Sometimes, it is hard to agree upon how to divide certain pieces of property, businesses, monetary assets, etc. so that both parties can separate happily. This is why many people do not enter a marriage without a prenuptial agreement. This is a legal and binding document signed before a marriage begins, and it predetermines who is entitled to what assets in case of a divorce.

What Can Be Included in a Prenuptial Agreement?

Illinois law says that issues related to a couple's children, such as child support and the allocation of parental responsibilities, may not be affected by a prenuptial agreement. Things that can be protected by means of a prenuptial agreement include:

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