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Can My Child Choose Who to Live With After the Divorce?
One of the top issues facing parents who get divorced in Illinois is child custody. During the divorce process, Illinois law requires parents to submit a parenting plan detailing important information such as:
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The responsibilities of each parent
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Who will have the majority of parenting time, which is when the child is in the parent’s physical care
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Arrangements for transporting the child between the parents
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How to divide decision-making, known as “parental responsibilities,” among the parents
Parents do not always agree on these issues, particularly when it comes to the question of who should have the majority of parenting time. Sometimes, a mediator or judge will take a child’s preference into account, which this article will discuss.
I Found Out My Child Took Drugs. Can I Sue for Full Custody?
Illinois law prefers to divide parenting time between both parents equally. Parenting time refers to the period when you have physical custody of the child and are responsible for his or her care.
So, in the case of a divorce, a court will usually split parenting time between both parents by default. Sometimes the court might award one parent more parenting time based on certain factors, such as reports of abuse or neglect by the other side.
Once parenting time is decided, Illinois law prohibits any modification to the arrangement before two years have passed. There are exceptions to this, however, which this article will discuss. It is always best to consult with an experienced family lawyer if there are any questions about parenting time modification.
Can a Cheating Spouse Impact an Illinois Divorce?
It might come as no surprise that many people in long-term relationships become involved in an affair. According to some studies, as many as 25% of marriages have experienced some type of infidelity. Many married couples end up getting a divorce because of an affair.
In the past, one spouse could say that her husband cheated on her, and that would go on record as the reason for the divorce. However, after amending the law, the state of Illinois now recognizes “irreconcilable differences” as the only acceptable grounds for divorce. Neither spouse is blamed for the marriage ending. You might think that means that your affair will not have any impact on your divorce, but there are still other ways it can influence the outcome. If you cheated on your spouse and you are wondering how you can expect that to affect your divorce, speak with an experienced Will County, IL divorce attorney to find out more.
What Should I Know about a Guardian Ad Litem in Illinois?
When parents get a divorce, they need to work out a settlement that includes child custody arrangements. While the parents’ respective wishes, means, and availability are taken into account, the courts place a great deal of priority on what is in the child’s best interests. Sometimes, parents in divorce proceedings can put their own interests aside for the sake of their child. Other times, this is simply not possible for them. In such cases, the court will likely appoint a guardian ad litem (GAL) whose sole purpose is to advocate for the child. A knowledgeable Will County, IL family law attorney can explain what a GAL does and how they might be involved in your case.
What Does a GAL Do?
A guardian ad litem is someone the court appoints to represent a minor child's best interests in a case that concerns her. GALs are typically trained attorneys. They are tasked with collecting as much information as they can from people who are involved in and familiar with the case so that they can determine what sort of custody arrangement would best serve the child. They go through various steps to that end, including:
Is My Illinois Prenuptial Agreement Valid if I Was Forced to Sign It?
The concept of a prenuptial agreement is one that many people are familiar with. However, they do not necessarily understand the specifics involved. People often hear that when someone extremely wealthy marries someone with an average financial background, they will “make” their future spouse sign a prenup in order to protect their assets should they get divorced down the line. However, when you are signing your own prenuptial agreement, the entire matter seems less “intriguing” and more relevant, as it can have a significant impact on your life and your future.
If your spouse’s family has a legal team that takes care of these sorts of things, you might find that you signed something contrary to your rights and interests. Many people feel pressured by their spouse or their future in-laws to sign a prenup. Additionally, during the engagement phase, many couples do not like to even consider the possibility that their relationship might fail. If someone gives them a document to sign, they might very well sign without carefully reading it through, simply to get it over with and push the idea out of their mind again. If divorce is now a possibility, you may be nervous that the prenup you signed might mean financial doom. An experienced Will County, IL divorce lawyer can review what you signed and advise you on how to proceed.
Why Is Establishing Paternity Important?
In the state of Illinois, any time a woman gives birth, she is automatically recognized as the baby’s mother, and if she is married at the time of birth, her husband is automatically recognized as the baby’s father by virtue of being married to her. It is a bit more complicated when a man has fathered a child with a woman he is not married to. In such a case, the woman giving birth will still be considered the baby’s mother automatically, but the man will need to establish paternity to be legally considered the father.
This can have a lot of implications for all of the people involved. It can significantly impact the mother, the father, and the child for years to come. If you are not married to a woman who is about to give birth to your baby, a Will County, IL paternity lawyer can guide you as you set out to establish your paternity.
Why Does Legal Parentage Matter in Illinois?
When a couple is married at the time of their child’s birth, they are recognized as the child’s parents, and their related rights and responsibilities are established automatically. If the couple gets a divorce after the birth, it does not change the fact that both spouses have legal parental claims. They will then need to make arrangements for all the ways they will continue to raise the child and be involved in their life once the marriage ends.
I Just Lost My Job. Can I Stop Paying Child Support in Illinois?
It is a simple but unavoidable fact that things change. Some things can feel like a good change while others seem like a negative development. Some things can seem either way, depending on your perspective. For example, some people might feel upset at the news of good friends getting a divorce, thinking it is sad that their friends are breaking up. Others might think this is great news since they could see that the couple did not have a happy marriage and now their friends have a chance for a fresh start.
Another example of a major change would be losing a job. When you are gainfully employed, you feel comfortable in your financial stability. When you suddenly lose a job, questions about your financial future can be extremely stressful to consider. However, at least in the case of child support payments, the courts recognize that circumstances change and generally allow for modifications when either spouse can no longer undertake what they agreed to during the original divorce settlement. You cannot simply stop making payments, but there is a clear process to follow. Speak with a Will County, IL child support modification attorney to find out what you should do.
Are Stay-At-Home Parents Worse Off in Divorce?
People who get married can often come from different backgrounds and with different careers. The professional differences can be felt in how demanding or flexible their job could be. One spouse can have a job where they need to work long, inflexible shifts married to people who work a regular 9-5 job. A CEO of a large corporation could be married to someone who’s writing a novel from the comfort of their home. If the spouses have similar job schedules and demands, they might decide that it would be best for one to stay home and handle all the household responsibilities, especially if they become parents. If you are now a stay-at-home parent and you are worried that this will negatively impact your divorce settlement, a Joliet, IL, divorce attorney can help guide you through this process with compassion and advocate aggressively for your rights.
Will I Owe My Disabled Wife of 25 Years Spousal Support?
Regardless of the circumstances, most divorces are very hard on everyone involved. The situation becomes even more complicated when a disabled spouse is involved. In Illinois, spousal support is determined based on a number of factors. These include the duration of the marriage, the financial needs of each spouse, and the ability to pay. If you are pursuing a divorce after many years of marriage and your spouse is disabled, discuss your options with your attorney.
Factors in Determining Spousal Support in Your Situation
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Marriage duration – The duration of the marriage is an essential factor in determining spousal support in Illinois. A 25-year marriage is considered a long-term marriage, and the court will likely consider this when determining the need for spousal support. In cases where a disabled spouse has been financially dependent on the other spouse for a significant period of time, the court may be more inclined to award spousal support to ensure the disabled spouse’s financial stability post-divorce.
When May the Court Restrict My Visitation Rights to My Child?
In Illinois, visitation rights are crucial for maintaining a healthy parent-child relationship. However, there are instances where the court may restrict or limit these rights. If you are going through a divorce and have concerns regarding what the divorce will mean for the contact between you and your child, contact an experienced lawyer to get the legal assistance you deserve.
Understanding Visitation Rights in Illinois
Visitation rights, also known as parenting time, refer to the time a noncustodial parent spends with their child after divorce. In Illinois, the court encourages both parents to maintain a meaningful relationship with their child unless it is deemed detrimental to the child’s well-being. However, there are situations where visitation rights may be restricted to ensure the child’s safety and best interests.
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