We're all single at the start.

In Illinois there is no common law marriage. There is no marital property until you are married. Living together in an apartment, buying a house together, sharing debts or having children does not change this law. If you are single and you have a legal dispute that does not involve children you do not need a divorce and family law lawyer.

Some single people have children.

If you are single and you have a legal dispute that involves your child or your alleged child the lawyers at Wakenight & Associates, P.C. can help you. These are paternity disputes and there are special paternity courts designated to handle paternity cases. Paternity disputes may include issues such as custody, visitation, child support, college contribution, etc. You have until your child's 20th birthday to file your paternity case. It is not wise to wait that long. There are no property disputes in paternity court.

Many of us get married.

"In Illinois there is no common law marriage." Once you get married your legal status changes. The income that you earn at your job is now marital income. All property acquired after you are married is presumed to be marital. If you transfer title to your non-marital property to add your spouse that property is thereafter presumed to be marital. If you marry the parent of your child the child is now deemed to be legitimate. You could be liable for debts not in your name incurred by your spouse.

Some of us adopt.

An adopted child has the same legal status as a natural born child. Two single people cannot adopt a child. An adult can be adopted by another adult. This can happen when a step parent adopts a step child or when a natural parent adopts a natural child that was previously given up for adoption. If you wish to adopt or you have a legal dispute that involves adoption the lawyers at Wakenight & Associates, P.C. can help you.

A few of us get legally separated.

Legal Separations are rare. The court does not have jurisdiction to rule on any property issue in a Legal Separation case. The entry of a Legal Separation order terminates the marital estate, but does not change the status of marital property. Income earned from your job after a legal separation is not marital. Like paternity cases all the issues involving children can be addressed in a Legal Separation case. If you wish to secure a Legal Separation, and it is appropriate in your case, or you have a legal dispute that involves Legal Separation the lawyers at Wakenight & Associates, P.C. can help you.

Many of us get divorced.

In Illinois there is no common law divorce. If you are separated for thirty years you are still married. The most important issues in a divorce case have to do with the children. The children are innocent and vulnerable and are the court's top priority. In the majority of cases children need both parents' best efforts to help them during the difficult time of divorce.

There are many potential issues in a divorce case but all the issues are basically resolved in order of importance as follows:

1) Are the children ok?
2) Are the adults ok?
3) Who will pay the debts?
4) Who will get the property?

If you need representation in a divorce case the lawyers at Wakenight & Associates, P.C. can help you.

A few of us have our marriages declared invalid.

Declarations of Invalidity are rare. If the court declares your marriage to be invalid your legal status is as if the marriage never took place. Short statute of limitations periods require Petitions for Declaration to be filed immediately after the grounds for the Declaration of Invalidity are discovered. If you are married and you win the lottery the money is marital. If your marriage is declared invalid after you win the lottery the money is your non-marital money. If you wish to secure a Declaration of Invalidity and it is appropriate in your case or you have a legal dispute that involves Declaration of Invalidity the lawyers at Wakenight & Associates, P.C. can help you.