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Easily one of the most challenging aspects of divorce is the child custody process. If you separate when your children are small, much can change from the date of the initial order until your child reaches adulthood. For this reason, Illinois family courts recognize that custody modification is sometimes necessary, and your child’s preferences can be a strong consideration in the modification process. A Wheaton, IL child custody lawyer can help you file a petition and build a strong case for the changes you plan to request.
In Illinois, a child’s wishes play a crucial role in custody agreements, but the state's rules for the allocation of parental responsibilities mandate that the best interests of the child are the main priority. This means that a child’s preference, while sometimes taken into consideration, is often not weighed heavily into the final decision.
Spousal maintenance, commonly known as alimony, is money that one spouse is ordered to pay the other during or after a divorce. Maintenance is not automatic. Courts decide whether a spouse will pay it to the other, and how much it will be, based on several factors detailed below.
Do you have questions about spousal maintenance? Our dedicated Illinois family law attorneys regularly handle spousal maintenance matters and always seek the most equitable and workable solutions. We can answer all of your spousal maintenance questions during a free consultation.
Illinois courts consider whether one party should receive spousal maintenance by reviewing the factors listed in the Illinois Marriage and Dissolution of Marriage Act. Important factors include:
There are many good reasons to have a prenuptial or postnuptial agreement. Even though such an agreement is often portrayed as being "unromantic," far from implying that the marriage is doomed, it is actually a smart financial move. Couples that are marrying for a second or third time may need a prenuptial agreement even more because they may each have children from prior marriages, making financial issues more complex.
Far from being only useful for the super-rich, a well-written prenuptial agreement can offer clarity in a relationship while facilitating communication regarding financial expectations. In the state of Illinois, specific criteria must be met for a prenuptial agreement to be considered legal and binding. Because of this, it is never a good idea to prepare your own DIY prenuptial agreement. To ensure your agreement does exactly what you intend it to do, speak to a knowledgeable Wheaton, IL family law attorney.
If you are in the middle of a divorce that includes the allocation of parental responsibilities, and you have a domestic violence conviction on your record, you may wonder whether that will be a factor in parenting time decisions. You may be on the other side, with a spouse who has a domestic violence conviction, wondering whether the court will really give him or her parenting time.
A conviction for domestic violence will have at least some impact - and maybe considerable impact - on the decisions made by a judge regarding parental responsibilities and parenting time. The extent of that impact will depend on many different issues, including the facts and circumstances surrounding the conviction, how long ago the conviction occurred, and more.
Speaking to a knowledgeable Wheaton, IL, family law attorney is a good first step to determining whether a domestic violence conviction will affect the allocation of parental responsibilities. An attorney can examine all the details of the conviction and advise you on the best course of action.
Although divorce is rarely easy or simple, some divorces are much more difficult than others. When one spouse has a high-conflict personality – like narcissism – the divorce can become exponentially more difficult for the other spouse, the children, and even the divorce attorneys. While one spouse’s narcissistic behaviors are likely to be at least one component of the decision to divorce, the narcissistic spouse can make divorce just as contentious as marriage.
Narcissists have an overwhelming desire to "win," so they are unlikely to follow any divorce path that requires compromise and often do their best to drag the divorce out as long as possible. If you are married to a narcissist and are contemplating divorce, it is important that you have a Wheaton, IL, divorce lawyer who is experienced in dealing with high-conflict personalities, including narcissists. Your attorney will know what to expect from your narcissistic spouse – and how to counter every tactic in a way that benefits you.
Virtually no ex-spouse wants to pay spousal maintenance (also known as spousal support or alimony), yet there are many spouses who deserve this support. Perhaps one spouse worked two low-paying jobs to put the other spouse through medical school, law school, or another profession. Or perhaps one spouse stayed home to raise the children in lieu of career opportunities, so now has few employment options.
In other cases, one spouse may be older now or in poor health, unable to work and make a living independently. There are many good reasons for a court to award spousal support, yet Illinois courts have placed some limits on this support. If you are facing a divorce, the best step you can take is to speak to a knowledgeable Wheaton, IL family law attorney.
The Court will consider a variety of factors when determining whether spousal support should be awarded and, if so, how much and for how long. These factors include the following:
Divorce can be difficult under any circumstances, but when domestic violence is involved, it is easy to feel overwhelmed. There are some steps you can take during your divorce to protect yourself and your children from a domestic abuser. That being said, if you or your children are in immediate danger, your first priority should always be to find a safe place. Perhaps that is with a trusted friend or relative or a local shelter. If the situation escalates, call 911 if you can do so safely. As soon as you are able, contact an experienced Wheaton, IL family law attorney who has experience with domestic violence and domestic abusers.
Your first step may be to obtain a protective order that will keep your abusive spouse from contacting you or coming near your home, work, or your child’s school. Your attorney can help you file for a protective order; always keep a copy of the order with you, and if your spouse violates the order, immediately contact the police. It is important to note that protective orders do not always stop violent behavior, and with some abusers, a protective order can increase the danger of the situation. If you fear for your life or the life of your child, never rely exclusively on a protective order.
The not knowing part of how a child custody case will resolve in family court makes it particularly stressful. In the state of Illinois, child custody is called the allocation of parental responsibilities, and visitation is called parenting time. Every single case that has to do with parents and children is different, but the bottom line remains the same – if you and your spouse are unable to determine how to share parenting responsibilities and parenting time, the court will do it for you.
The court will decide whether one or both parents will make major decisions regarding health, religion, education, and extracurricular activities, whether the children will primarily reside with one parent or the parents will share parenting 50/50, and a schedule for parenting time. A parenting plan will be compiled that details virtually every decision regarding raising a child or children. If you are uneasy about how your case will resolve, speaking to a knowledgeable Wheaton, IL parental responsibilities lawyer can be beneficial.
As of 2018, about one in four couples with one or more children were unmarried. There is simply less societal pressure for younger people to marry than there once was. Yet unmarried couples are still having children, which begs the question of whether unmarried parents have the same rights and responsibilities as married parents – or married parents going through a divorce.
When parents are unmarried, there may be questions and issues surrounding paternity, as well as questions regarding the allocation of parental responsibilities (custody), parenting time, and child support. Illinois automatically recognizes paternity if the mother and father are married, but the same is not true when they are not married. If you have questions or issues related to your rights and responsibilities as an unmarried parent, it can be extremely helpful to speak to an experienced Wheaton, IL family law attorney.
You may see your parenting plan as a general guideline rather than a legally binding contract with your ex-spouse. This belief can land you in trouble with your ex and with the court – which is never where you want to be. Consistently following your parenting plan not only provides your child with stability but also minimizes conflict between parents, setting the stage for a peaceful co-parenting arrangement.
Perhaps your ex is a "by the book" individual, while you believe that the rules of life – and your parenting plan – can be bent when necessary. These two disparate views of life may even be one of the reasons you are divorced. Even if you are not necessarily a rule follower, this may be one area of your life that you may want to adjust your thinking.
If failing to stick to the parenting plan is resulting in arguments between you and your ex – or if you are following the parenting plan but your ex is not – it could be time to speak to an experienced Wheaton, IL family law attorney.
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