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Potential Issues in Regard to Marriage, Followed by Adoption, and Then Divorce
There can be potential issues for clients who marry, having children from prior relationships before the marriage. Once the parties marry, they sometimes consider adopting the child or children of their new spouse. If that were to occur, the parties need to be cognizant of potential issues.
The adoptive child or children would then have the same rights as a natural child of the adoptive parent, including in terms of inheriting from the adoptive parent pursuant to any intestate succession statute, as well as having any other rights that a natural child would have. In the even of divorce, including relating to issues of custody and child support, the adoptive parent would have rights and/or obligations relating to custody, visitation and child support, just as would the parent who came into the marriage with said child or children.
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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