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December 2014 Archives

What happens to inherited assets in a divorce?

Individuals who are going through a divorce in Illinois might wonder how cash or other property that they inherited at some point will be treated during the property division phase. Whether an inheritance was acquired before or during a marriage, the inheritance will generally be considered the separate property of the recipient. As separate property, an inheritance will not be subject to equitable distribution during the divorce proceedings.

What happens to a 401(k) in a divorce?

Some readers from Illinois may wish to learn more about what can happen to a 401(k) in the event of divorce. In general, 401(k)s are subject to distribution during divorce under similar guidelines as other assets; however, the extent of each spouse's contribution can inevitably provoke a significant impact.

Paternity and fathers' rights

Under Illinois law, paternity is a term that refers to the biological relationship between a father and his child. This relationship also has legal implications. Paternity is used to determine matters such as child support, custody, visitation and inheritance.

Establishing paternity and fathers' rights

In Illinois divorce cases, establishing paternity can be one of the most important steps for determining certain important issues. Paternity refers to the biological relationship between a father and a child. Under the law, the biological father of a child is also the legal father of the child, regardless of the marital status of the father. This means that fathers' rights and obligations, such as visitation and child support payments, are a part of paternity.

Dividing real estate during a divorce

When Illinois couples seek a divorce, figuring out what to do with real estate may be difficult. Real estate is typically jointly owned. However, if the couple no longer wishes to manage the property together, one party might offer to buy out the other party's interest in the asset.

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