Adoption

During an adoption the court terminates the biological parents parental rights and grants all parenting rights and responsibilities to one parent or a set of parents. There are many types of adoptions including stepparent adoption, grandparent adoption, agency adoption, foster-care adoption and adult adoption.

Divorce

Legally divorcing requires the court to identify the parties’ marital property (assets and debts) and equitably divide them. Illinois is not a community property state. Instead the judge will consider equity factors to decide how to fairly assign assets and debts acquired during the marriage. When there is an earning imbalance, the judge can also issue maintenance (formally known as alimony).

Parenting Time

Illinois Courts consider the best interest of the child to decide how to assign parenting time (formally known as physical custody) to each parent.

Parenting Decision-Making

Allocating decision-making responsibility (formally known as legal custody) depends on a number of best interest factors. The Court will weigh these factors to decide if the parents will have sole or joint decision-making responsibilities for significant decisions for the child’s health, education, religion and extra-curricular activities.

Guardianships

When the biological parents are unable or unwilling to care for a child, a legal guardian can be appointed to care for the child and/or the child’s property. Parents can also appoint a legal guardian for their children on a temporary basis.

Pre- and Post-Marital Agreements

Prior to being married the parties can designate how the courts should divide assets and liabilities if the parties later divorce. This contract provides a level of certainty if divorce proceedings are initiated.

After being married, the parties can agree to how a court should divide marital assets and liabilities if the parties initiate divorce proceedings.

Legal Separation

If a married couple wishes to remain married, but live separately, a court may issue a legal separation. During a legal separation the court may divide marital property and order maintenance, formally known as alimony.