Children who do not have two biological parents can be considered for adoption. In some cases, like a stepparent adoption, children can be adopted even if they have two biological parents. Adoption is the legal process a person would undergo to make themselves the biological parent of that child.
What is Stepparent Adoption? There are many forms of adoption, including stepparent adoption. In a stepparent adoption, you are assuming the role of a biological parent, alongside one of the biological parents. Perhaps the child has a mother who has died or a father who is not interested in parenting the child. In that instance, you could seek to adopt that child. If you are acting as a parent in the life of a child, you should consider legalizing the relationship. When you adopt, you become the biological parent once a judgment is entered. No other document will give you parental rights aside from an adoption. The two major components of an adoption are (1) there is a child available for adoption and (2) there is a person or persons eligible to be an adoptive parent. The easiest form of adoption is the stepparent adoption. One of the parents is usually the biological parent, so no home study is required to complete the adoption, which expedites the process. To start the process, you will need to file a Petition for Adoption. In that petition, you will state whether the one biological parent will be consenting to the adoption, or if you are seeking to terminate parental rights, and why you believe the rights should be terminated. The parental rights termination process can take a long time in some cases and that will be the focus of the court before going on to any other aspect of the case. What if there are 2 biological parents now? If I child has 2 biological parents, you will only be able to adopt if the other biological parent’s rights are terminated, or if that biological parent surrenders their parental rights. What is involved to terminate a parent’s parental rights? If you wish to terminate a biological parents rights, you have to plead in a petition, the reasons why that parent is unfit. An unfit parent, pursuant to the Illinois statute 750 ILCS 50/1, is a parent who:
This list is not a full list of how a parent can be deemed unfit, but it gives you an idea of what is required. It is not easy to terminate a parent’s parental rights if a parent is involved with the child, but if you want to adopt and the biological parent is not involved, these are examples of what you would need to prove. What if the biological parent consents to the adoption? If you file your petition for adoption and the other parent is willing to give up their parental rights, then that parent will need to come into court and sign a “consent.” The parent will need a photo ID and answer some questions from the court regarding the parent’s mental state, and other questions that will ensure to the court that the parent understands exactly what is happening and what they are doing. The court wants to ensure that the biological parent understands that their consent in open court terminates their parental rights and it is final. A consent terminates the parental rights of a biological parent and it is irrevocable, meaning you cannot change your mind. It is final. After the termination of parental rights or a consent, what happens next? Before the coronavirus, the Court required you to bring the child into court. The child had to be “served” with a summons and personally appear in court. Typically the service part of the case is something the children really enjoy. The child appears at the desk of the sheriff and is served with the Petition for Adoption. Which means that the sheriff hands the child the petition, or lays it on the child if the child is an infant. If the child is old enough, the Sheriff’s office pins a plastic badge on them so they look like they are an officer. The children generally love this step and who does not like getting something for free?! Once the child is served, everyone heads up to the courtroom so that the judge can meet the child. This is perfunctory for the most part, and if the child is over the age of 14, then the child has to consent to the adoption as well. The judge generally engages in some small talk with the child, which is again a pleasant experience for everyone. AFTER COURT, THEN WHAT? A guardian is appointed to investigate the family and the stepparent will need to have fingerprints taken to ensure there is not some sort of criminal background the court should be aware of. If all is clean after that, the judgment is typically entered without too much trouble. WILL WE GET A NEW BIRTH CERTIFICATE? AND CAN I CHANGE THE CHILD’S NAME? Yes to both questions. The Judgment of Adoption will list the child’s new name and the paperwork is sent to the Illinois Department of Public Health in Springfield for issuance of the new birth certificate. Both “adoptive” parents will now go on the birth certificate. The biological parent often finds the process a bit odd, since they are adopting their own child, but the process always includes one adopting parent and one biological parent in a stepparent adoption. Interested in a Stepparent Adoption in Chicago? Anderson & Boback Can Help If you are a stepparent in the Chicago area and you want to explore the idea of adoption, please contact Anderson & Boback for a free consultation. One of our experienced family law attorneys can meet with you and can help evaluate whether or not a stepparent adoption is a step you want to take. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/adoption/stepparent-adoption-what-you-need-to-know/
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During a divorce, clients often ask about using psychological or mental health evaluations to assess the mental health of the other party. While some people believe their ex is "crazy", only in extreme cases is a mental health evaluation granted or allowed by Chicago family courts, or even relevant. Usually, mental health comes into play when there are concerns regarding the allocation of parental responsibilities and parenting time, as it is a factor that can be considered by a Judge. Substance abuse issues can also trigger mental health issues and arguments, as well as Orders of Protection.
Requesting Mental Health Evaluations in Illinois Family Court If a true mental health evaluation is necessary, it is provided for under Illinois Supreme Court Rule 215. That rule indicates that a person can request a mental health evaluation for their spouse, but it isn’t without caveats/repercussions. First and foremost, the requestor has to pay for it. That is made mandatory under the rule. Additionally, the requestor not only has to pay for the evaluation, but they also have to pay for any lost wages/earnings for the person being evaluated and even transportation costs for the person being evaluated to get to and from appointments. It suffices to say that mental health evaluations are not taken lightly. Additionally, if you are going to allege that the other party needs one, it is likely they will also allege that you need one, so be prepared to have to submit to one yourself (though they are not generously granted, so if there isn’t a strong basis there is a chance a Judge may not order it for both parties, after all.) Participating in Custody Evaluations One other way to address mental health issues without obtaining a strict diagnosis is to participate in a Custody Evaluation with an appointed Custody Evaluator. Custody Evaluators often touch on mental health issues, though they cannot necessarily give a diagnosis in their report nor suggest a treatment plan. They can, however, make recommendations as to modifying the parenting time schedule or allocation of parental responsibilities so that the Court Order works for the parties given their respective mental health circumstances. Sometimes, they may refer a party to another provider for mental health treatment or make recommendations that they are further evaluated. They can certainly point out a potential underlying issue, even if they won’t make a diagnosis, and they can touch on potential mental health issues. Are Mental Health Issues Involved in Your Chicago Divorce Case? When mental health issues arise in an Illinois divorce case there is often more than one way to address them. It is best to speak to an experienced Chicago divorce attorney about the circumstances unique to your divorce, custody or family law case to determine which type of mental health evaluation, if any, will work the best for you and your family. At Anderson & Boback, our Chicago family law firm has a long-standing record of success handling family law cases involving psychological issues and mental health evaluations. To schedule your confidential consultation with one of our experienced family attorneys, contact us today. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/illinois-divorce/mental-health-evaluations-chicago-divorce-cases/ A collaborative divorce process is a divorce process where both parties agree to work out an agreement with the help of a collaborative attorney and several other professionals without filing motions with the courts.
The Collaborative Divorce Process If you and your spouse decide to participate in a collaborative divorce, you both have to agree to the collaborative divorce process, and each will hire your own collaborative attorney. You will sign a collaborative agreement with your respective attorneys and then you, your spouse and your respective attorneys will work together to choose other professionals who will be retained by you and your spouse as part of the team of professionals who will work with you and your spouse to obtain a full agreement. Professionals Involved in the Process The professionals that could be retained by you and your spouse during the collaborative divorce process, other than your respective attorneys, could be an Appraiser, Accountant, Business Evaluator, Realtor, Mediator, Counselors, Coaches, Therapist, Tax Advisors, Parenting Allocation Evaluators or any other professionals required to work out a solution to the issues relative to your specific case. The benefit of choosing to retain these professionals jointly is that you could save a substantial amount of money in retaining one professional to provide a service to both of you as opposed to each of you hiring your own independent professional leading to potentially two different opinions or values which then has to be litigated in the Courtroom. Not only does this involve the additional costs of two professionals but also the costs for your respective attorneys to work with the professionals, prepare the professionals for court and then present the relevant evidence to the court to make a decision. Many of these decisions that a court would make, such as the value of property or a business or a piece of art is going to weigh heavily on the expert testimony and the reports provided. You and your spouse would have this same information from a neutral professional retained in a collaborative divorce without the additional expense of litigation. Working with a Collaborative Divorce Attorney During the collaborative divorce process, you and your attorney will meet initially to discuss the facts of your situation and talk about what would be the best outcome for you, and then you would work on moving towards that as a solution. In addition to meetings with your collaborative divorce attorney, you and your attorney will meet with your spouse and their attorney on a regular basis, along with the other professionals as necessary, in order to work through all of the issues. Collaborative Divorce Does Not Involve Discovery During the collaborative process, there is no discovery. Discovery is likely one of the most expensive procedures in litigation. Discovery is both written and oral. Written discovery requests are sent out from your attorney to your spouse asking them to produce years of documents relating to your income, expenses, assets, and liabilities. It can take many weeks to gather all of these documents for your attorney and it takes your attorney many many hours to prepare the documents to be sent over to the other side and then many more hours of time to review what your spouse has produced to your attorney. In addition to the initial requests and production of documents, the obligation to produce anything that has been asked for is on-going which means if you were asked to produce all of your bank statements for the past 3 years and you do produce those, your obligation continued to produce each and every bank statements as the case progresses through the court system, which could be a year or more. In a collaborative divorce, all documents are voluntarily provided to each side so there is no formal discovery requests or preparation of responses and there is no issues with non-disclosure as both parties agree initially when they choose collaborative divorce to fully disclose all of their assets, liabilities, income and assets. There is nothing that is hidden or should come as a surprise. In addition to written discovery oral discovery, or depositions can be taken of you and your spouse. Depositions are time-consuming to prepare for and a time consuming and expensive process. You and your attorney as well as your spouse and their attorney are all present along with a court reporter. Both attorneys are charging hourly rates and the court reporter charges for their time as well as any transcript that is ordered. In the Collaborative Divorce process, there are no depositions. All information is discussed and provided freely during collaborative meetings. Agreement Through Collaboration Once you reach an agreement, the paperwork is prepared and signed by both parties and their respective attorneys and presented to the Court for approval and entry. Generally, if you are unable to reach an agreement using the collaborative divorce process, the collaborative attorney you have retained and worked with will not be able to represent you in court and you will have to hire another divorce lawyer to move forward with the process in court. Cooperation and Commitment to Collaborative Divorce Can Lead to Positive Outcomes Collaborative Divorce can help you keep your divorce from escalating unnecessarily by working out temporary solutions during the pendency of the collaborative process. This is made possible through voluntary exchanging information, agreeing on professionals to assist you, negotiating which allows you to be part of the final agreement and makes sure that you address all aspects that are important and specific to your individual situation. A cooperative spirit of all parties is key to making this process work. Is the Collaborative Divorce Process Right for You? Whether the collaborative process is right for you or not depends on both spouse’s opinion of the process and how they want to proceed. You must both agree to move forward in a collaborative fashion in order for the process to work. If you cannot agree, then you must file for divorce with the court and move through the divorce litigation process with the help of the Court. This does not mean that you cannot settle your case without the assistance of the court. Reaching a settlement in your divorce is certainly possible. Most attorneys are trained to work out amicable solutions that benefit their clients without the assistance of the court so just because you are unable to proceed (or choose not to) with a collaborative divorce does not mean you cannot settle your case outside of court. You can and you should. Divorces are financially, emotionally, physically and mentally draining to you and your entire family. Choose an attorney wisely for these reasons, whether it be a collaborative divorce lawyer or a divorce lawyer that will work with you through the court process. Having the right attorney by your side can make all the difference. Seek Legal Advice from an Experienced Collaborative Divorce Attorney Do you have questions about the collaborative divorce process? Anderson & Boback are experienced collaborative divorce attorneys ready to help. We know how to evaluate your divorce options and advise you on the proper course of action, based on your rights, preferences and interests. Contact us today to schedule a free consultation and get your questions answered. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/collaborative-divorce/what-is-the-collaborative-divorce-process/ Should you get a legal separation or divorce? As Chicago divorce attorneys, we receive many questions from people who are weighing whether they should pursue legal separation or divorce. So how do you choose? Unless there is a religious reason that bars divorce, or some other reason that makes divorce not an option, I would elect to get the divorce.
Whether Legal Separation or Divorce, Court Filings, Agreements, and Paperwork is Required You still need to file petitions and enter agreements, whether you choose to pursue legal separation or divorce in Illinois. People seem to think that a legal separation is easier to obtain, but you will still need to file pleadings (documents) with the court and negotiate the terms of your legal separation judgment. There is no escape from the necessary paperwork. It seems like a lot of time and money spent to obtain a legal separation when you would still need to come in and get your divorce later if one of you seeks to remarry. Is a Legal Separation Necessary in Order to Move from my Home? You do not need a piece of paper from the court to separate from your spouse. You are allowed to move out and do what you want without any negative consequences. I have had clients ask me if that is considered “abandonment” under Illinois law, and I can assure you it does not. First, we no longer have grounds in the State of Illinois. Even if you did “abandon” your spouse and your home, it would not make any difference. No reason is needed for a legal separation, so that should not an impediment to moving out. Additionally, you will not lose your home or lose any money you would have received if you move out. There is absolutely nothing wrong with moving out of your house if that is what you want to do. If you do move out though, be sure to get something in writing. When Judgment of Legal Separation is Important Marital Property Issues If you cannot bring yourself to divorce, but you do move out, after a period of time, you should file for legal separation. You do not want to move out and eight years later file for either legal separation or divorce. During the time of your separation, the marital property continued to accumulate. Your pension and/or profit-sharing account has grown and so has the equity in your home. The court does not divide marital property from the date of marriage and the date you separate, it is from the date of marriage and the date of the Judgment of Legal Separation. Marital property continues to grow when you are separated and up until a Judgment is entered. You do not want to separate indefinitely and then years later come into court. You will want to make the decision to get into court to finalize the separation at some point. Obtaining Child Support and Spousal Support You will need a legal separation to get child support and spousal support. Your Judgment of Separation will look nearly identical to a divorce judgment. There will be provisions for child support and parenting time, as well as spousal support. You need to file an action in court to start seeking these types of financial reliefs. Accumulating Non-Marital Property Additionally, once you have your judgment, although you are still married, you will now be accumulating your own non-marital property that will not belong to your spouse. Any monies made in your pension and home will now be deemed non-marital property as well. Stop Liability for Marital Debt In addition to non-marital property, you also will no longer be responsible for marital debts. You absolutely do not want to be responsible for your spouse’s bills. If you do not get a Judgment of Separation, it is still possible to be responsible for marital debts. The definition of marital property and marital debt is anything accumulated during the marriage - from the date of marriage and until the date of your legal separation judgment date. You do not want to move out and move on, without eventually getting a judgment of legal separation since it opens you up to liability as well. Call Our Chicago Divorce Lawyers if You're Considering Legal Separation in Illinois A legal separation is not necessary to separate from your spouse, but if you intend to stay separated for any length of time, you should file for one and get a judgment entered. You don’t want to be separated for years without a document detailing your financial obligations, or have your hard-earned money be deemed “marital” years later. Please call our office to schedule a call with one of our highly-experienced divorce attorneys if you are considering a legal separation. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/legal-separation/legal-separation-or-divorce-illinois-what-you-need-to-know/ From our experience as Chicago family law attorneys, millennial prenuptial agreements tend to look a little different than prenuptial agreements from earlier generations. For one, Millenials have a particular focus on finances. People are getting married later in life than previous generations used to, which means that they have more assets to protect. On the flip side, millennials also bring a lot of student debt into the marriage that the other party would like to protect themselves from. Other issues that millennials tend to focus on are pet custody and the allocation of frozen embryos post-divorce.
Millennials Want to Protect Their Assets. People seem to be getting married later in life than they used to. We have noticed a pattern where couples are getting married once their careers are established and have had years of working. However, this also means that they have spent more time acquiring more substantial assets in their name as compared to if they were to marry right after high school or college. Therefore, millennial prenuptial agreements include provisions that clearly protect those assets should their marriage end in divorce occur. They also want to Ensure Proper Allocation of Debt. While millennials would like to protect their assets, they would also like to ensure that debt is properly accounted for in a divorce. With the skyrocketing price of higher-level education, it is no surprise that a lot of millennials get married with a ton of student loans and debt. As a result, millennials make sure that they are not responsible for their spouse’s debt and request that the debt be properly allocated to the person who brought the debt into the marriage. Pet Custody Provisions are Common in Millennial Prenuptial Agreements. While, in Illinois, you cannot discuss parenting time of a child or any other children you may have in the future, pet custody is different. You actually can put pet custody into a prenuptial agreement so that your spouse does not have the right to take the pet away from you during a divorce. Millennials Also Address the Allocation of Frozen Embryos Post-divorce. Typically, there is a written contract with the facility that holds the frozen embryos that is signed by both parties at the time of the embryo services. This contract will dictate what happens to the frozen embryos and will be given the preferential treatment unless you have a premarital agreement about what happens to the frozen embryos. At Anderson & Boback we have been helping individuals prepare for marriage with a solid foundation with carefully drafted prenuptial agreement. If you’ve been asked to sign a prenuptial agreement or you’d like to learn more about the benefits of millennial premarital agreements, contact us today to speak with an experienced prenuptial agreement lawyer THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/prenuptial-agreements/how-are-millennial-prenuptial-agreements-different/ August is already here and that means that a school year will be starting before we know it! It seems that there has been no universal “return to school” plan. in the United States, let alone in Illinois or the Chicagoland Metropolitan Area. It appears that the return to school — whether or not it will be in person, virtual, or a combination of both — is being left up to the individual school districts.
Return to School Issues for Parents This complicates issues for parents who are no longer married. Many clients and potential clients are wondering how they will navigate this shift to potentially e-learning, a return to in-person schooling, or a hybrid, especially if they and their ex don’t see eye to eye. So, how are parents who are tasked with making these decisions in light of the “new normal” able to do so even when they don’t even get along? What do they do? Consult Your Allocation Judgment (If You Have One!) The first thing I always do when a client asks me about this particular issue is I take a look at their parenting agreement or Allocation Judgment to see what the language says in regards to educational decision making. Is this a joint decision where the parties have to mediate if they don’t agree? What does their agreement say about mediation? I also weigh whether or not the return to school issue that is potentially dangerous to the minor child if it is not resolved quickly. Are there underlying health conditions that would make it dangerous for a minor child to return to school in person during the COVID-19 pandemic? What about family members? The Allocation Judgment often times will point the client in the direction they need to go. If a parent has sole decision making regarding education-related issues and the language is extremely tight, it might be argued that this person can just decide if they want in-person learning or virtual learning (e-learning), or a hybrid, without having to consult their ex. If mediation is required and there is language indicating that mediation steps have to be adhered to before someone files a motion on educational issues, it is time to start moving on this and following the steps! Last, if the issue is urgent due to a medical issue, a school start date, or there is an imminent danger, it may warrant an emergency motion. What If There is No Allocation Judgment Yet? If this is the case, looking at the temporary orders for guidance may help. Was anyone allocated temporary decision making? Is there a Guardian Ad Litem or a Child Representative appointed to help with impasses such as this issue, and if not, should one be appointed? Have the parties attended mediation? These are all things that need to be considered before taking the next step, as they can change how things will proceed before a Judge. Judges often look to a GAL or a Child Representative to help them with more difficult decisions. What about Changing School Districts and Other Miscellaneous Issues? Let’s say one parent lives in a school district that is doing exclusively e-learning and the other parent lives in a school district where schooling is only in-person learning. Parties ought to exercise caution in entering an order giving the parent who has the more preferential school schedule additional time for residency purposes, because it may not be so easy to just “switch it back” later if this goes on for a long period of time. It can be argued that a precedent has been set for a permanent change to school and parenting time. I would caution against this unless absolutely necessary. Another interesting issue is the cost of parents creating e-learning “pods” and hiring an educator or babysitter to run e-learning from home. Parents may or may not agree to foot the bill for this and there isn’t a whole lot of precedent since this is such a new issue. It will be interesting to see how Courts respond to these requests and if they can be contributed to as an “add-on” expense for the minor children. This is a new world we are living in and school decisions are difficult and stressful for all parents involved, even if they still remain in a relationship or married. The separation or divorce of the parents just adds another layer of stress. If in doubt, consult with a trusted family law attorney to see what your options are. We are here to try and make navigating all of this easier for you. Contact Anderson & Boback for Back to School and Education Orders These are just a few of the circumstances that have come up just today. If you have questions about the return to school issues and your parenting time or parenting orders, contact us by visiting our website illinoislawforyou.com. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/coronavirus/children-return-to-school-in-the-age-of-covid-19/ The process of a divorce is one unlike anything else you will ever go through. It is intimate and personal to you, but also has a huge financial component that can affect your life in a huge way. It is imperative that you are comfortable with your legal representation. That being said, the divorce attorney who represented your best friend or your boss, or your Aunt, may not be the attorney who will best represent you. So, how do you know if you hired the right divorce attorney?
Answer These Questions to Evaluate Your Lawyer There are certain things that you must pay close attention to when interviewing your divorce attorney, but also when working with your attorney, to ensure that you are in the best hands. Consider these questions to evaluate your attorney. 1. Does my attorney listen to me? Having an attorney who does not listen to what you are saying is a huge red flag. Whether they are forgetting things that you already told them, or disregarding your instructions, it should not happen, either way. Occasionally, someone may forget a detail about something or need to be reminded. No one is perfect. However, having to re-tell your attorney something important numerous times is a sign that they either are not paying attention or are not organized, both of which can lead to larger problems. 2. Is my attorney aggressive enough or too aggressive? This is going to depend on you and how you want your case handled. If you want an aggressive attorney because you have thought through your case and believe that is what is in your best interests, that is your prerogative. However, an attorney who is only aggressive and has no ability or desire to try and negotiate will be expensive. It also has to depend on what type of attorney you are up against. If your spouse hired an attorney who is extremely aggressive, it is important to select someone who has the ability to be equally as aggressive, or who can manage an aggressive attorney properly, to ensure you are not stomped all over. Additionally, if you are hoping to have an uncontested matter and your spouse is not hiring an attorney, an extremely aggressive attorney could turn them off of the process of doing this as an uncontested cause. This is a decision that has to be well thought out, with your end goal in mind. The answer for everyone is different. 3. Is my client file being handled properly? Are you receiving copies of your case file and communications as they come in, or do you never hear a thing? Is your spouse telling you that your attorney never responds, or that you missed a court date? Are there other red flags, such as court dates being missed, phone calls not being returned, and the like? It is best to have a conversation with your lawyer about these things immediately as they happen. If these are repeated occurrences, that is a huge red flag. 4. Does my attorney communicate the details of my divorce case to me? Do you know when your next court date is? Do you hear from your lawyer after a court date in a timely manner to find out what happened in Court? Do you receive copies of court orders? Do you understand the process of the case and where you are at in the process? If your answer is “no” to any of these questions, your attorney may not be communicating your case details to you in a proper fashion. Perhaps you are comfortable with that and you trust your lawyer. More often than not, though, clients want to be in the “loop” regarding what is going on in their case. This is something to be wary of. So, should I switch divorce attorneys? That, also, depends. Switching divorce attorneys is not an easy thing to do. You have to obtain your case file and then find a new lawyer, who then needs to come up to speed on your case file. Having a revolving door of attorneys in a short period of time is a red flag to potential attorneys you’d want to hire as well as the Court. It might make you look as if you are difficult to work with. Perhaps you have just been plagued with bad attorneys, and in that case, you need to do more research before hiring someone else. Look up the attorney on the Illinois state bar website, read reviews, read about their accomplishments. Make sure they are a good fit for you before retaining them. Switching attorneys should not be taken lightly. However, don’t be discouraged from switching because you are afraid it will make you look bad. If you have a bad attorney, they will make you look bad and switching is your only option. The choice is personal, but it is fairly common for a party to hire the “wrong” divorce attorney for their case and need to do a switch. It isn’t something you should be afraid to do if it will benefit you in the long run. Searching for the Right Divorce Attorney? Call Anderson & Boback When you are searching for a Chicago divorce attorney that is right for you, you can count on Anderson and Boback Family Law Attorneys. For more than 20 years, our divorce attorneys have been representing Chicago clients with a wide range of family law and divorce issues, including helping clients that come agree on everything and just need guidance to finalize their divorce. Contact us today for a confidential consultation. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/did-i-hire-right-divorce-attorney/ |
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