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5 Tips for Minimizing Conflict During Divorce
Getting a divorce is rarely easy. Even if you are relatively amicable with your spouse, the potential for interpersonal conflict is very high during divorce. It can be a very emotionally charged situation. Especially if you are trying for an uncontested divorce and will need to reach an agreement, it is best to minimize the amount of conflict in your divorce. Fighting with the spouse you are already leaving is only going to cause additional stress. There are a number of strategies you can use for avoiding the drama, even if your spouse seems determined to keep arguing. If you have children together, conflict can take its toll on them as well. An attorney can give you more specific advice once they understand your situation.
Avoiding Conflict While You Are Getting Divorced
While you are in the process of a divorce, the only arguing should be done by attorneys. Some helpful tips for minimizing potentially damaging conflict with your spouse include:
Could I Get Custody of My Younger Siblings?
Most children involved in child custody proceedings have at least one parent who is capable of and interested in caring for them. Custody battles are traditionally between two biological parents, but this is not always the case. In certain situations, an adult sibling may be able to petition the court for custody of a minor sibling. This is more likely to be the case when there is a significant age gap between siblings. Especially when younger siblings are at risk of being taken into state custody and placed into foster care, having an older sibling take care of them instead may be the better option. However, young adults who are considering trying to get cutody of their siblings should know that this is a major commitment. If you succeed, you will effectively become a parent to your younger siblings, so make sure you are absolutely ready.
When an Illinois Court Will Consider SIbling Guardianship
As in any other child custody proceeding, the deciding factor will always be the best interest of the child involved. The court will only be willing to make you a guardian to your younger siblings if it thinks that doing so is the best option for the minors. Some things the court might consider include:
Protecting Yourself and Your Children When Divorcing an Addict
Being married to someone who is dependent on drugs or alcohol can be very difficult. People in active addiction put their substance of choice above everything else, including their spouse and children. Your spouse may have lost their job as a result of substance abuse. They may have been arrested. They could have become involved with criminals you would rather not be associated with. Whatever the situation may be, you need out of your marriage, and you need to get your children out. Getting a divorce from a spouse with substance abuse problems can be very difficult on a number of levels. You will need an attorney to help you take steps to protect yourself and your children during this difficult time.
Steps You Can Take to Protect Yourself From a Substance Abuser During Divorce
As you have likely come to know, people who are in active addiction can be irresponsible. Your goal will need to be mitigating the damage their addiction has done to your life and your children’s lives. Some steps you may be able to take include:
What is Supervised Visitation Like?
Illinois courts use supervised visitation orders for a number of reasons. Often, this arrangement is temporary while parents have a divorce pending, or while a guardian ad litem is investigating an accusation made by one spouse. Even so, supervised visitation can potentially be uncomfortable for both you and your children. There are different levels and types of supervised visitation. Some parents are allowed to spend time with their children in the community, but with a designated chaperone present. Others must come to a visitation center to see their children. While it may take a little getting used to, this arrangement allows parents to maintain a strong relationship with their children despite an imperfect history or in some cases, a false accusation.
What to Expect From Supervised Visitation in the Community
Many parents prefer this style of supervised visitation, as it can feel much more natural and offers a wider range of activities. If you have this type of supervised visitation, you may or may not be permitted to have your children in your home, so make sure you check with your lawyer first.
How Are Rental Properties Handled in an Illinois Divorce?
Savvy investors often buy one or more real estate properties. They rent the properties to tenants and receive rental income. While rental properties are a great way to earn passive income, addressing real estate property during a divorce is often complex. Many landlords are unsure of how rental properties will be dealt with during their divorce. If you or your spouse own one or more rental homes, speak to a divorce lawyer for help.
Real Estate Property Ownership Rights
There are two main types of assets in an Illinois divorce. Marital assets are those assets acquired during the marriage. Separate assets are assets that a person owned before getting married, property acquired through inheritance, and property acquired through gift. If an asset is considered marital property, both spouses have a right to a share of the asset’s value. If an asset is non-marital, it belongs solely to the spouse who originally obtained the asset.
Tips to Make the Most Out of the DuPage County Divorce Mediation Process
Ending a marriage means addressing several complicated issues, including marital property division and child-related concerns. Divorcing spouses in Illinois may use an alternative resolution method called mediation to discuss divorce issues and reach a resolution. Many people find that mediation allows them to avoid litigation and reach an out-of-court agreement that both spouses are happy with. However, mediation will only be successful if both spouses are committed to resolving disputes and willing to put in the effort needed to do so.
Determine What You Are and Are Not Willing to Compromise On
Divorce mediation almost always requires spouses to compromise on various issues. Before you start mediation, take some time to consider your priorities. What matters the most to you with regard to financial and child-related issues? What are you willing to give up? For example, you may be completely unwilling to consider a custody agreement that gives your spouse sole custody, but you are open to shared custody options. Maybe you are willing to move out of the shared marital residence, but you cannot bear to part with certain sentimental items or family heirlooms.
Parallel Parenting for High-Conflict Divorce Involving Children
Divorcing spouses without children can walk away from the relationship after their divorce is complete. Even if they are subject to spousal support orders or other court orders, they are not forced to interact with each other the way divorcing spouses with children are forced to interact.
In a high-conflict divorce case involving children, parents are often unable to work together to raise children through a cooperative co-parenting relationship. Parallel parenting may offer an opportunity for high-conflict parents to reduce interaction and mitigate conflict while prioritizing their child’s best interests.
Restricting Communication to Reduce Conflict
Research shows that conflict between parents has a profound effect on children’s development and wellbeing. Being exposed to parental arguments increases a child’s risk of developing depression, anxiety, and behavioral issues. Studies have found that high-conflict homes can even lead to reduced cognitive performance. Parallel parenting seeks to reduce the conflict between divorcing or divorced parents by reducing the amount of interaction between the parents.
My Ex is Trying to Restrict My Parenting Time, What Can I Do?
In Illinois, physical custody of a child is called “parenting time.” When a parent has concerns about a child’s safety with the other parent, he or she may ask the court to impose certain parenting time restrictions. For example, a parent may request that the other parent’s parenting time be supervised by a third party. This is sometimes called “supervised visitation.”
If your child’s other parent or another party is seeking to restrict your parenting time, contact a child custody lawyer for legal advice and support specific to your situation.
When Can the Court Limit a Parent’s Parenting Time?
Illinois law presumes that both parents are capable of providing a safe, loving environment for their children. The court only restricts parenting time if the court finds that unrestricted parenting time would “seriously endanger the child’s physical, mental, moral, or emotional health.”
How is Inheritance Handled in a DuPage County Divorce?
In any divorce case, there are important financial issues to be determined. The spouses' assets and debts will need to be identified, classified, valued, and divided. Spouses may also be subject to child support and spousal support obligations.
If you are getting divorced, you may have questions about how your money and property will be dealt with. Specifically, you may wonder whether assets you received through inheritance are subject to division. Typically, inheritance is not divided between spouses in an Illinois divorce. However, as with many financial concerns during divorce, the answer is not always this straightforward.
Marital Versus Non-Marital Property
In Illinois, property in a divorce falls into one of two categories: marital property and non-marital property. Marital property belongs to both spouses while non-marital property only belongs to one spouse. Typically, any asset or debt that a spouse earns during the marriage is classified as marital property. However, inheritance is an exception to this rule.
How Can I Legally Adopt My Stepchild?
Being a stepparent can be challenging. However, it can also be deeply rewarding. Many times, a stepmom or stepdad becomes an essential figure in a child's life, acting as if he or she was the child's biological parent. However, stepparents do not have the same rights as biological parents. For example, if a stepparent divorces the child's biological parent, the stepparent has to no right to parenting time with the child. For this reason and many others, some stepparents choose to legally adopt their stepchildren.
Stepparent Adoption When the other Parent Consents
The law says that children can only have two legal parents or guardians. If you want to adopt your stepchild and both of the child's biological parents are still living, one of the parents will need to relinquish his or her parental rights. In some cases, biological parents see that stepparent adoption is in their child's best interests. They fully cooperate with the adoption and willingly relinquish their own parental rights so that the stepparent can become the child's legal parent. If a biological parent agrees to the adoption, the stepparent adoption process is relatively straightforward. However, some parents refuse to give up their parental rights to allow the adoption to occur, even if this is in the child's best interests.
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