We blog about relevant issues in family law, discuss the misconceptions surrounding family law and some of the most popular cases in the news, and provide readers with helpful family law information and resources.


Please visit www.ruggierofamilylaw.com for more information.

Thursday, October 17, 2013

Paternity In DuPage, Will, And Cook Counties

Vincent Ruggiero has represented mothers, fathers, grandparents and children in over a hundred paternity cases - whether those cases have been contested or uncontested. Paternity law is based largely on the divorce law of Illinois when it comes to custody, support, day care, visitation, and legal fees. Fast and efficient results are imperative in this area of the law, and it takes a person with aggressive perseverance to obtain fair results. Action that is taken in these cases early can define the financial or relational stability with the child for decades, and when the stakes are that high, such things should be entrusted only to a professional with a proven track record of success.

Monday, October 7, 2013

Some Differences Between A Separation, A Legal Separation, A Divorce, And An Annulment

If you are contemplating the end of your marriage, you may be left with many questions. "What are the differences between a separation, a legal separation, a divorce, and an annulment?" may be some of them.

For example, just because you are physically separated (e.g. living in separate dwellings), even with a divorce pending, it does not mean you are "legally" separated. You're just living "physically" separated.

A physical separation can be used as a cooling off period or a precursor to divorce. Legal documents are not filed. This time can be used to resolve problems in the relationship or an opportunity to reassess without taking a legal route.

A legal separation is a time for you to protect your interests until the decision to file for divorce is made. During this time spousal maintenance and child support can be awarded, visitation and custody can be established, and property can even be divided. Legal separation can also be a viable solution for spouses hoping to maintain the benefits of being married. It is also an option for people that choose not to divorce for religious reasons. Legal separation would tie up all of the legal loose ends while the bonds and benefits of matrimony stay intact. Sometimes a legal separation is used to protect the assets of one of the spouses (e.g. when the other spouse might be sued for negligence), or to provide medical insurance when the parties want to divorce, but do not want to move on to another relationship, but one of the parties really needs health insurance provided from the other spouse.

The issues addressed during the divorce process can be the same as a with a legal separation. In a legal separation both parties can lead relatively separate lives and may even choose to date others, however they are not legally able to remarry, unlike with divorce.

An annulment is a legal proceeding to deem a marriage invalid. It is actually called a petition to declare the marriage invalid, not "annulment, which is usually the term church's use to annul the marriage in the eyes of God. It is important to know that only some marriages qualify. Once a marriage is annulled, it's as if it never happened. There are conditions a marriage must meet in order for an annulment to be granted. Conditions for an annulment in Illinois include: a party was a minor at the time of the marriage and did not have the consent of a parent, guardian, or judicial approval; a party was in an existing marriage at the time of the marriage; a party lacks the ability to consummate the marriage and the other party was unaware; at the time of the marriage ceremony, a party lacked the capacity to consent due to mental incapacity, or was prompted to enter the marriage by fraud or force.

Choosing which path to take during this difficult time can leave your head spinning. Consult with knowledgeable Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your legal separation, divorce, and annulment matters in DuPage, Will, Kane, and Cook Counties.