Posted on December 20, 2023 in Child Custody

Divorce can be very difficult for parents, who know that they will likely spend less time with their child as a result. One of the biggest questions on your mind might be who will get primary custody. The answer depends on a group of factors listed in Illinois law. No single factor controls the equation. Rather, the court will consider all factors together in order to determine what is in the child’s best interest. Neither a mother nor a father is guaranteed or even expected to get more parenting time based on their gender or status as the parent who gave birth. Rather, the court will consider each case individually. The family dynamics are different in each case. A guardian ad litem will likely be appointed to help the judge understand how each child custody factor applies in your particular case. It is critical to be represented by a qualified Naperville, IL, child custody lawyer

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 Posted on December 15, 2023 in Child Custody

If you surveyed every couple in the state of Illinois with a divorce in process during the holidays, a significant portion would likely say they are having some thoughts of reconciliation. People can become very sentimental during the holidays. If you have children together, the thought of not spending your major winter holiday together as a family may be painful. Your children themselves may be upset at not having both parents around on the holiday. It can be easy to reminisce with rose-colored glasses about holidays past and how you spent them with your spouse. These emotions can be strong enough to prompt some people to reach out and attempt to reconcile with their spouse. While this may seem like a good idea now, your feelings can easily change in the New Year. It is important to talk it over with your Naperville, IL, divorce attorney before taking any major steps

What Causes Spouses to Reconcile During the Holidays? 

It is normal for people who are in the middle of a divorce to have some feelings of sadness during the first holiday season. Your plans may be very different this year than they have been in years past. One of you will likely be spending holidays with friends or extended family while the other has parenting time. This can be deeply upsetting. You may feel an urge to “fix” the situation - by staying with your spouse

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 Posted on December 15, 2023 in Child Custody

Child custody proceedings can be stressful for any child and any family. Even children with no disabilities frequently struggle with the changes that accompany family law cases. If your child has special needs, this is likely to be very important in your case. In Illinois, all child custody issues from parenting time to allocating the responsibility to provide health insurance for the child are decided based on the child’s best interests. If you are getting divorced, issues other than child custody might be affected by your child’s needs and each parent’s ongoing efforts toward meeting them. It is important to make sure your Naperville, IL, child custody lawyer understands your child's particular needs so they can help you work towards a final result that reflects your unique circumstances

Common Divorce and Child Custody Issues When the Parties Have a Disabled Child

Allocating parenting time and parental responsibilities can be a bit more involved when the parties are trying to separate from one another while still ensuring their child is well cared for and getting the healthcare they need. Some common issues that affect these parents include:

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 Posted on December 06, 2023 in Divorce

For your purposes, the first step in the divorce process should be finding a well-qualified attorney to represent you. The formal legal process of divorce begins when one spouse files a petition for divorce with the court. This petition sets out some basic information, like how long you have been married and where you reside. It also, importantly, must allege that you and your spouse have irreconcilable differences. Having irreconcilable differences is the only ground for divorce still recognized in Illinois. After that petition is filed, your divorce is officially in process. The next steps include serving your spouse with a copy of the complaint and deciding how you both would like to approach the divorce. You have options, like using collaborative divorce to avoid a courtroom battle. Your Illinois divorce attorney can guide you through the entire process. 

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 Posted on November 29, 2023 in Child Custody

Being involved in a high-conflict child custody case is almost always very stressful for everyone involved. It can go from stressful to downright terrifying if your child’s other parent poses a threat to you or your children. Your primary concern is likely keeping your child safe. There are a number of reasons a parent might not be safe for a child to visit unsupervised. A parent who has an active substance abuse disorder or serious mental illness may not be able to provide adequate supervision or may behave unpredictably. A parent who has a history of violence towards you or your children is unlikely to stop the abuse if they are able to see the children without a trustworthy adult present. If your goal is to obtain sole custody, you will need to work with a highly skilled Illinois child custody attorney. You will need evidence showing why it is not safe for the kids to be left alone with the other parent. 

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 Posted on November 22, 2023 in Property Division

If you and your spouse achieved your goal of becoming homeowners during your marriage, either you or the court will need to determine what to do with the home during your divorce. A house is often a married couple’s most valuable asset. It is also - plainly - not possible to cut a house in half so you can each keep your share. While using tape to divide living space might work briefly in comedies, it is almost certainly not a practical solution in real life. Under Illinois law, all marital property is to be divided equitably. “Equitably” means in a way that is as fair as possible to both parties in light of all the facts and surrounding circumstances. If this decision is left to the court, it will consider a lot of different factors to decide what is fair. You and your spouse also have the option of using mediation to establish your own solution. It is very important to be represented by your own attorney, even if your divorce is amicable. 

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 Posted on November 14, 2023 in Divorce

Getting married young is not always a great thing. People in their late teens or early twenties may not have fully grown into their adult personalities or truly realized their identity yet. It is common for those who marry young also to divorce young. In fact, young divorce should likely be more common than it is. Many individuals who are getting divorced in middle age or later adulthood have been unhappy in their marriages for a very long time - often since they were roughly your age. In many ways, ending an unhappy marriage while you are still in your 20s or early 30s is the smart move. Even if you have young children together, separating and co-parenting is likely better for your child than staying together but making each other miserable. It is important to be represented by a lawyer with experience representing young adults in divorce, as there are specific issues more likely to affect them. 

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 Posted on November 08, 2023 in Divorce

Although a divorce decree is considered “final,” it can sometimes be modified under the right circumstances. When a divorced person experiences a substantial change in circumstances, they might be able to have their divorce decree modified to reflect those changes. Illinois law recognizes that a divorce decree might have made sense at the time it was made, but can become impractical when circumstances change. If you have had a significant life change that makes following your divorce decree as it is currently written impossible or very difficult, you should speak with a Will County divorce lawyer about petitioning the court for a modification. Modifying your divorce decree based on your current circumstances can ensure that you continue to be treated equitably after going through a life change. 

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 Posted on October 25, 2023 in Divorce

The first step toward getting divorced in Illinois is submitting a petition to the court in the county you live in. Filing this petition starts the divorce process. A petition for divorce is a document that tells the court you intend to legally divorce your spouse. Certain information must be included in this document, including both of your contact information. Your petition for divorce must also claim a legal ground for divorce. Grounds for divorce used to be things like infidelity, habitual intoxication, and extreme cruelty. Now, there is only one recognized ground for divorce - irreconcilable differences. After you file, formally serving your spouse with divorce papers is usually the next step. While you technically are not required to have an attorney, it is not a good idea to try to do this alone. Divorce can be a complicated legal process, and it is best to have a qualified Illinois divorce attorney representing your interests. 

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 Posted on October 20, 2023 in Child Custody

It is fairly normal for one parent to want to move away after getting divorced. However, when making child custody decisions, a court can consider how difficult moving the child back and forth between their parents’ residences is. It is one of the factors Illinois child custody law requires judges to consider when making parenting time arrangements. When divorced parents live close to each other, it is usually very easy for them to coordinate frequent custody exchanges. When they live far apart, custody exchanges may not be possible nearly as often. This could result in an arrangement where the children need to live with one parent most of the time so that they can attend school regularly. The other parent may only be able to have parenting time during school holidays. It is important to speak with your Illinois family lawyer about how moving away could affect your child custody case. 

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