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The Chicago Family Law Blog

After Divorce, Who Makes Decisions for the Child?

Internet dating is leading to quite a rise in child custody battles between parents in very different places. For couples calling it quits in the United States, it brings to mind the question of which parent gets a say in how to raise the child, including schooling and religion.

So when a couple that met on OKCupid yanks out the arrow and divorces, who makes decisions for the child? Contrary to popular belief, it's not just whomever has physical custody.

In a heart-wrenching case before the Supreme Court on Tuesday, a young girl’s biological father fought for custody of his daughter on the strength of the Indian Child Welfare Act. The biological father argues that this legislation prevents his parental rights from being denied and enables the court to undo the girl’s adoption by a South Carolina couple.

It is fairly common to have a distant father return suddenly to block an otherwise straightforward adoption. Any future parent wishing to go forward with adopting a child should consider the following.

Best Arguments to Overcome a Prenuptial Agreement

There is no such thing as "ironclad" in the family law world. And this includes purportedly "ironclad" prenuptial agreements. With the help of a good Chicago family law attorney, you can potentially overcome and invalidate even the most detailed prenup.

A prenuptial agreement is generally a contract. And like all contracts, the prenuptial agreement needs to meet certain requirements to be valid and enforceable.

Some of the best arguments that can potentially overcome a prenuptial agreement include the following:

Social media and divorce just don't mix.

The combination can be lethal for divorce proceedings. It's fertile ground for incriminating evidence.

A recent survey by the American Academy of Matrimonial Lawyers found that 64% of respondents cited Match.com as a source of evidence for divorce cases.

That means divorce attorneys are trolling social media websites for information to help their cases.

Considering Divorce? Think About Legal Separation

Marriages end for a variety of reasons, and when they do most people immediately think about divorce. But there's also the option of a legal separation.

By legal separation we don't mean the idea of taking some time apart to see how things go. That's what most couples do before they actually file for divorce.

A legal separation is a more permanent arrangement. It's what happens when people decide the romance in their marriage is over, but have reasons for not wanting a divorce. What reasons are there for staying legally married when you don't want to be together?

How Courts Determine Alimony

Divorce is an expensive process and when courts determine alimony, the costs can continue for a long time.

Despite what you may think, alimony is, in most cases, fairly determined by a neutral party -- namely, the judge who knows neither you nor your spouse. He or she is making a decision based on non-personal factors.

What kind of factors would those be? Illinois courts have a list of things they consider when determining alimony payments.

Divorce Decisions: Fault or No Fault?

When it comes to divorce there can be a lot of blaming and finger-pointing. The law has a phrase for that too. It’s called fault divorce, but there’s also a no fault option. When people get divorced they can choose between them.

Of course, it doesn’t really apply to where you put personal blame for the divorce.

No-fault divorce is a misleading name, but it’s an important concept. Without it, people would have a much more difficult time ending a bad marriage.

How to Avoid Divorce Disasters

Divorce is never easy but when things go wrong, it can quickly spiral into a full-blown disaster. Figuring out whether divorce is the right choice for you, and then figuring out what to do next, can be complicated.

The soul searching is something you have to do for yourself. Once you've made your choice, we can help you deal with the process.

The emotional part is hard enough and the legal process for a divorce isn't what you'd call simple. But there are ways to make it easier on yourself.

Can You Get Your Marriage Annulled?

Divorce can be expensive and complicated so having your marriage annulled may sound like a better option, but is that legal?

Annulment is one way to end a marriage, but it’s not very common when compared to divorce. A marriage can be ended for any reasons, or none at all, but you need to fit into a certain category if you want to get a civil annulment.

If you’ve had children during your marriage, annulment is going to be difficult. But for those who decide to call it quits before kids, you might qualify.

Should You Consider Mediation Instead of Divorce Court?

There's no escaping that divorce is a legal process. But you might want to consider mediation as an alternative to the courtroom drama that many people reluctantly face.

It doesn't matter how friendly you and your ex are going into the process; court proceedings have a way of making bad situations more tense for everyone involved. It's not called the adversarial system for nothing, and by the end you might feel like enemies.

That's not a good situation for people who have to continue to see each other because of children or other shared obligations. So is mediation the right choice for you?