Posted on March 20, 2025 in Family Law

After a divorce, people often want a fresh start. Even if a wife keeps her own maiden name when she gets married, children are often given their father’s last name at birth. If, as part of these wishes for a fresh start, the mother wants to change her child’s last name to her own, she might have to go through a complicated legal process to make that happen. 

There are legal requirements, factors that courts consider, and steps involved that can improve your chances of a successful petition. To learn more, speak with a qualified Illinois divorce lawyer who can explain what is involved and how you may want to proceed.

Are There Legal Grounds for Changing a Child’s Last Name?

In Illinois, a parent can petition the court to change a child’s last name for various reasons, including:

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 Posted on March 12, 2025 in Family Law

Illinois recognizes the important role that grandparents can play in their grandchildren's lives. However, when something like divorce, estrangement, or the death of a parent happens, grandparents might notice they are prevented from seeing their grandchildren. Illinois law does provide ways for grandparents to petition for visitation rights, but only under specific circumstances. A qualified Illinois family law attorney can explain the legal process so you understand how to navigate this challenging situation.

When Can Grandparents Seek Visitation Rights?

Grandparents in Illinois cannot automatically demand visitation rights. Instead, they must demonstrate why certain conditions make visitation necessary. Under the Illinois Marriage and Dissolution of Marriage Act, grandparents can petition the court for visitation under one of the following conditions:

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 Posted on February 25, 2025 in Family Law

Babies can be born in so many ways in 2025. Thanks to science and medicine, if people are unable to conceive naturally, they have a variety of options available. One of those options is using a sperm donor to help a woman get pregnant. However, if you are considering doing so to start a family, you might be wondering whether the donor could have any legal rights to your child. While the law is clear in many cases, there are some important factors to consider. To learn more, speak with a qualified Illinois family law attorney.

What Does Illinois Law Say About Sperm Donor Rights?

According to the Illinois Parentage Act, sperm donors typically have no legal claim to parental rights to a child born from their donation. The law lists specific situations in which this is the case. For example, if the sperm donation was made through a licensed medical professional entity, such as a fertility clinic, and the donor signed an agreement waiving any parental rights, the donor will not be considered a legal parent. Therefore, the sperm donor will not have any parental responsibilities or visitation rights.

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 Posted on February 19, 2025 in Divorce

It is a big deal to decide that you are ready for a divorce. If you have made that decision and even spoke to your husband about it but he ends up in jail, it can feel like any possible progress is grinding to a halt. The truth is that although getting a divorce while he is incarcerated might include some challenges and extra steps along the way, it is certainly possible. A knowledgeable Illinois divorce lawyer can help you understand more about your options and what you can expect.

How Do You Divorce an Incarcerated Spouse?

The divorce process includes the same steps regardless of whether your spouse is in jail when you are ready to begin. 

Step 1: File a Petition for Dissolution of Marriage

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 Posted on February 11, 2025 in Divorce

For some people, just the thought of the financial implications of a divorce is enough to make them settle for staying unhappily married. The idea of needing to divide all your joint assets and debts, in addition to making regular payments for child support and alimony, can seem overwhelming. But like any other area of life, knowledge is power, and understanding how you can have a say in these payments can help you feel more in control.

In fact, even payments that you are ordered by the court to make can be modified under certain circumstances, so an alimony order is not a life sentence. A qualified Illinois divorce lawyer can explain how alimony is calculated and when you might be able to seek modification. 

When Can Alimony Be Modified or Terminated?

In Illinois, alimony is officially called spousal maintenance. It is meant to provide financial support to a former spouse who is unable to cover their expenses and not yet financially independent. However, there are also certain circumstances under which these payments can be modified or terminated.

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 Posted on January 28, 2025 in Family Law

One of the aspects of divorce that many parents feel particularly stressed about is child support. People tend to worry about how expensive divorce will be, and parents who need to pay child support can feel overwhelmed about how long this arrangement will factor into their personal finances. Illinois has laws and guidelines that dictate how much support you need to pay and for how long, and a knowledgeable Illinois family law attorney can help you understand them so you can plan for your financial future. 

How Long Does Child Support Last?

The general rule of thumb in Illinois is that child support continues until the child turns 18. Of course, as with all court-mandated issues related to children, your specific arrangement will be determined based on your child’s needs, and that means there can be exceptions to the rule.

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 Posted on January 22, 2025 in Family Law

Surrogacy is an excellent option for some parents who are unable to conceive a child on their own, and parents and surrogates often find it to be a moving and rewarding experience. However, pregnancy and childbirth, in general, are highly emotional situations, and surrogacy can be complicated to navigate emotionally. One of the biggest concerns that couples entering into a surrogacy arrangement are often worried about is whether the surrogate decides that she wants to keep the baby for herself. If a surrogate has second thoughts during the pregnancy, it can feel like an insurmountable challenge to overcome. 

Surrogacy agreements are meant to be quite specific to address any future complications that could arise between the intended parents and a surrogate. Additionally, Illinois has well-defined but complex surrogacy laws, so if you have questions about these challenges before or during your surrogacy, speak with a qualified Illinois family law attorney who can explain the legal rights and responsibilities of everyone involved.

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 Posted on January 13, 2025 in Family Law

When a parent in a blended family adopts her spouse’s biological child, the child becomes legally hers, and their relationship is recognized by the courts as the same as that of a biological child-parent relationship. Stepchild adoption can be a wonderful way to give a child a strong sense of security, establish your legal rights, and forge a strong family bond. 

What happens to that adoption if the adoptive parent and the biological parent get divorced? Does the adoptive step-parent have any less claim to a child than the biological parent after divorce? To learn more, read on and then contact a qualified Illinois family law attorney.

Legal Adoption Status

Whenever an adoption is finalized, the adopted child and adoptive parent have the same legal status as a biological child and parent. If the parents get divorced, it does not change the adoptive parent’s legal parental relationship with the child. Unless the court decides otherwise, the adoptive parent still has the same parental rights and responsibilities as before the divorce.

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 Posted on December 26, 2024 in Family Law

Divorce can be complicated even when it is a straightforward case, but it can become even more challenging to navigate when frozen embryos are involved. Couples going through a divorce who have undergone fertility treatments have the added stress of deciding what will happen to their embryos. Are they treated as children? Might they be considered property? 

Illinois law offers some guidelines, but each case is unique, and respective outcomes can depend on specific circumstances. If you are considering divorce and confused about what might happen to your frozen embryos, speak with a skilled Arlington Heights, IL family law attorney for guidance.

What Are Frozen Embryos?

Couples facing fertility issues have the option of undergoing in-vitro fertilization (IVF). During this process, they can fertilize eggs and then freeze the resulting embryos for the future when they want to have children. If the couple does not use the frozen embryos, they can be donated for research or discarded.

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 Posted on December 18, 2024 in Divorce

So you finally made the decision to get a divorce. While that is certainly a big deal on its own, it also means that you need to begin thinking about the practical side of actually making it happen. Meeting a divorce lawyer for the first time can feel overwhelming, but with the right preparation, you can make the most of your appointment. A good lawyer will help you understand your options and guide you through the divorce process. For more tailored advice, speak with an experienced Illinois divorce lawyer.

What to Prepare Before Meeting with a Divorce Lawyer

This meeting is an important opportunity to let someone with legal knowledge and experience review the specifics of your case and build a plan to protect your rights and interests. The lawyer will want to go over your finances and goals, and if you do not come prepared, it might feel like a waste of time. Before your first meeting, it is best to prepare the following:

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