Illinois Paternity Law - Over the Counter Paternity Test Kits

According to this story in the Chicago Tribune, Identigene DNA tests are now available at Rite-Aid over-the-counter. The kit itself is $29.99 and the lab processing fees are $119.99. Identigene promises at least 99% accuracy in the tests (which is really true of all such DNA testing). This is substantially cheaper than standard lab testing (about $500). 

The DuPage County Court works with a lab providing very inexpensive DNA testing.  The lab actually has a representative in the Courthouse on a regular basis.  Testing now requires only a cheek swab so it is non-invasive, no blood draw is required.  

If you are involved in a parentage or paternity case in Cook, DuPage, Kane, Will, Kendall, or DeKalb Counties, please contact us or call 630.665.7676 to schedule a consultation.

Illinois Prenuptial Agreements - Be Very Careful!

Failure to carefully draft your Illinois prenuptial or premarital agreement can result in serious expense later.  This is why we always recommend spending good money on an experienced DuPage divorce lawyer to prepare premarital agreements.  The "form" agreement you got online may fail to protect you from problems later.  Family law is a serious business, which is why it commands serious fees.  Sometimes you really do get what you pay for. 

Take a look at In Re Marriage of Best, Docket No. 104002, Supreme Court of Illinois, filed March 20, 2008.  In that opinion, the Supreme Court upheld the lower court's ruling that a premarital agreement did not allow the husband to terminate the wife's health insurance after "separation."  Why?  The Court held that although the agreement stated that Husband would not need to pay for Wife's health insurance or expenses in the event of "divorce or separation" that the term "separation" was too vague.  Therefore, the Court stated that in this case, "separation" could either mean factual separation (parties living apart, not as husband and wife) or legal separation (obtained by court order).  Since ambiguities in contracts are resolved against the drafter, the Court sided with the wife, holding that the "separation" in the agreement really meant "legal separation."  The bottom line:  the Husband was required to continue paying for the health insurance for the Wife during the divorce case although the parties were "separated." 

This just demonstrates how careful Illinois family lawyers need to be in preparing these documents, and why you should not hire the lowest bidder to handle this type of work.  The whole problem could be avoided by careful drafting of the premarital agreement.

We are DuPage County divorce lawyers.  We handle all aspects of divorce and family law, including premarital or prenuptial agreements.  Please contact us to discuss your case and schedule an appointment today.  

Foreclosure, Joint Debts, and Divorce in Illinois

Q:  I just got divorced.  My ex-husband is living in our old house.  He's paying the mortgage but says he can't make the payments.  Our decree says he has to make the payments.  Can the bank come after me to collect? 

A:  Yes.  The bank can come after you to collect, the decree does not protect you from the bank.  The decree only gives you the right to go to court to ask your ex-husband to pay you back for payments you make against that debt.

Although the decree may contain common language assigning responsibility to pay a joint debt to one spouse (for example a mortgage), the order is not binding on the bank.  That is, in the event the other spouse fails to make payments, the bank can come after you to collect.  This is why we recommend either a quick refinance by the spouse intending to stay in the home if possible, or a sale of the home to pay the joint debt.  The only way to be sure the debt will not be a problem is to discharge it by paying it off or refinancing. 

If you would like a consultation about your Chicagoland divorce case please contact us.