Posted on October 29, 2021 in Child Custody / Parental Responsibilities

Parents getting divorced in Illinois have many different issues to handle as they create a parenting plan for their children. Determining how to allocate important decision-making responsibilities, creating a plan for parenting time, and agreeing about how the children will be moved back and forth are all questions that must be dealt with. 

In addition to these major well-known issues, there is an additional provision called the “right of first refusal” that parents must address in their parenting plan. As with other issues related to the children, parents who work together can create a right of first refusal provision that allows them the flexibility they need. 

Understanding the Right of First Refusal 

Many changes have happened in Illinois family law in recent decades, and the right of first refusal is one such change. These changes reflect a shifting cultural attitude, supported by substantial research, that children are better off when both parents play as large of a role in their children’s lives as possible following a divorce.

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 Posted on October 15, 2021 in Child Custody / Parental Responsibilities

A parent’s relationship with a child is one of the most precious and enduring joys of life. Unfortunately, sometimes the strength of this relationship can be threatened by divorce and the process of splitting a family into two separate households. Parents in Illinois are often understandably worried about what this means for their relationship with their children. As a result, making decisions about child-related issues during divorce can become contentious and difficult. 

About five years ago, the Illinois legislature updated the law regarding children’s issues when parents get divorced. Rather than referring to “custody” or “visitation,” Illinois law now uses the terms “parental responsibilities” and “parenting time,” respectively. It is important to understand what these two terms mean and how they might apply to you.

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 Posted on September 16, 2021 in Divorce

Before divorce proceedings begin and a couple starts negotiating their differences, it can be difficult to tell whether a marriage is likely to end with hostility or respect. Spouses frequently surprise each other by the extent to which they are willing to fight over seemingly small issues. Likewise, a couple may also be surprised by how smoothly they can negotiate.

Although divorce is rarely predictable, certain things can let spouses know whether attempting mediation rather than divorce court is likely an effective strategy. Both mediation and divorce trials have pros and cons, and spouses getting divorced would be wise to weigh their options before making any decisions.

What are the Benefits of Mediation? 

Mediation can be a great strategy for couples who can communicate well and are willing to work hard to minimize hostility and resentment. Openness, honesty, and a willingness to put certain personal differences aside will help divorcing parents focus on more important things like asset division, child support, and allocation of parental responsibilities. 

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 Posted on September 10, 2021 in Child Custody / Parental Responsibilities

When questions arise in an Illinois court case regarding the best interests of a child, there are many different people who may potentially be involved. Attorneys for each parent, child welfare agents, and other parties advocating for the best interests of the child may each play a role with slightly different responsibilities. 

In this article, we will examine the roles of child representatives, guardians ad litem, attorneys for the child, and custody evaluators. If a guardian ad litem has already been assigned to your child custody case, read our previous article to find out more about what you can do. 

What is a Child Representative? 

Child representatives are attorneys for a child and are tasked with advocating for the child’s best interests. They must investigate the circumstances and facts surrounding a case, meet with children and other relevant parties, and can be involved in court hearings related to allocation of parental responsibilities, parenting time, or overall parental fitness. Unlike a guardian ad litem, child representatives may not be called as witnesses to testify in court, and they do not submit a report to the court but instead provide evidence-based legal arguments. 

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 Posted on August 25, 2021 in Divorce

 To many people, a divorce seems like a long process with tons of conflict and stress. However, it does not have to be that way. If both partners are willing to be civil with one another and look at the big picture, they may be able to have a more peaceful divorce. If you and your spouse plan to get divorced, you can take steps to make proceedings less stressful.

Ways to Minimize Conflict in Your Divorce

A divorce can be one of the most difficult events of your life. You and your spouse may feel anger and resentment towards each other. Despite all that, it may be possible to reduce conflict during the process.

• Consider mediation. Fighting in divorce court for months can definitely cause stress and heartache. To avoid this, think about working with a trained mediator. This professional can help you and your spouse come to a favorable agreement faster and with less conflict. A family law mediator does not replace an attorney, but mediation may help spouses find common ground and resolve divorce disputes. 

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 Posted on August 11, 2021 in Prenuptial and Postnuptial Agreements

 Prenuptial agreements are legal contracts some couples enter into before getting married. These contracts set forth the division of assets in the event of a divorce and are typically recommended for couples with wealth disparities and those who have been married before. If you are considering creating a prenuptial agreement, it is important to consult an Illinois family lawyer promptly.

Misconceptions About Prenuptial Agreements 

Prenuptial agreements have a bad reputation due to misinformation and misunderstandings. However, prenuptial agreements can provide multiple benefits for both parties. Here are a few common misconceptions about these agreements.

• If you sign a prenuptial agreement, you plan to divorce. Some couples are reluctant to enter into a prenuptial agreement because the document is associated with divorce. However, just because you sign this agreement does not mean you and your partner will get divorced in the future. It simply offers protection for both parties if a divorce does occur.

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 Posted on July 27, 2021 in Divorce

If you and your spouse have decided to get divorced, it may be difficult for the two of you to agree on divorce issues. Instead of relying on a judge to make important decisions in your divorce, such as child custody and property division, consider going through mediation. The process can be beneficial for many divorcing couples willing to discuss the unresolved issues and work toward a solution cooperatively. 

How Divorce Mediation in Illinois Works

Mediation is intended to help couples reach reasonable agreements about various issues in their divorce, such as spousal maintenance, child support, and allocation of parental responsibilities. During each mediation session, you and your spouse will sit down with a trained mediator, who will facilitate a civil and productive discussion about the unresolved aspects of your divorce.

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 Posted on July 16, 2021 in Divorce

A divorce can be one of the most difficult and emotionally draining times of your life. It is also no secret that divorces can take a long time to finalize. If your spouse was the primary breadwinner in your marriage, you may wonder how you will financially support yourself and children in the meantime. After all, the mortgage, utility bills, childcare costs, and other bills still have to be paid. Luckily, you can file for temporary relief orders that can provide the financial support you need before the divorce is finalized and the final orders are entered.

Requesting Temporary Spousal Support

Before your divorce is finalized, you may request temporary spousal support from your spouse. You will be required to file a petition with the court and provide an affidavit that explains why you need the temporary relief. The affidavit has to contain bank statements, tax returns, and other financial documents that support your statements. A judge may consider several factors when deciding whether or not to award temporary maintenance, such as you and your spouse’s annual earnings, the standard of living you had during your marriage, the property you and your spouse own, and how long your marriage lasted.

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 Posted on June 25, 2021 in Child Custody / Parental Responsibilities

In Illinois, child custody is broken down into two components. The allocation of parental responsibilities refers to how parents divide child-related decision-making responsibilities. Parenting time, formerly called visitation, refers to the time a parent spends directly caring for his or her child. Parents are asked to reach an agreement about parenting time, parental responsibilities, and other parenting concerns and describe the agreement in a parenting plan. However, reaching an agreement about these issues is not always easy – especially when divorcing or unmarried parents disagree about what is best for their child. In some child custody disputes, a guardian ad litem is assigned to the case.

Understanding the Role of a Guardian Ad Litem

In any child-related legal dispute, the child’s best interests are the court’s top priority. When parents disagree on how to allocate parental responsibilities or parenting time, the court may intervene and make a decision on the parents’ behalf. In some child custody disputes, a guardian ad litem (GAL) is assigned to the case. GAL’s are attorneys with special training in family law issues. The GAL is not an attorney representing either parent. Instead, the GAL’s job is to investigate the circumstances of the dispute and use what he or she learns to determine what is in the child’s best interests. The GAL shares his or her findings with the court and makes an official recomendation about the case’s outcome.

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 Posted on June 10, 2021 in Paternity

 Paternity is classified as the legal relationship between a father and his child. When a child is born to parents who are not married, steps can be taken to establish paternity. Depending on the unique circumstances of your situation, establishing paternity may present many unforeseen challenges. If you find yourself in a paternity-related dispute, it is important to discuss your case with a skilled family law attorney. How to Establish Paternity

One of the most common ways to establish paternity is to sign and complete a Voluntary Acknowledge of Paternity (VAP) at the hospital after the child is born. If the father of the child is not present or is undetermined at that time, there are three ways to establish paternity at a later date:

• Both parents may complete, sign, and submit a witnessed VAP with the Department of Healthcare and Family Services at any time

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