When parents get divorced, there is much more on the line than bank accounts and real estate. Their children’s future is on the line. Child custody issues are frequently the source of significant hostility and disagreement during a divorce involving parents. In some cases, a parent may even accuse the other parent of child abuse.

In Illinois, child abuse allegations are handled by the Department of Child and Family Services (DCFS). The DCFS investigation begins with an assessment, which will determine whether or not the allegations merit further investigation. If the DCFS determines that abuse or neglect has taken place, they may open a full-scale investigation.

If you are facing a divorce and child abuse allegations at the same time, it is important to take certain steps to protect your rights. Contact a family law attorney experienced in DCFS matters as soon as possible for legal advice specific to your situation.

In a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 

Whatever the case, contested divorces are often quite time-consuming and expensive. Unfortunately, contested divorces, by nature, are usually more emotionally burdensome than uncontested divorces since, in contested divorces, the tension between the divorcing parties may be palpable. While contested divorces can be resolved through mediation, a contested divorce will likely mean litigation in many scenarios. If you are facing a contested divorce, contact an experienced divorce attorney who can advocate for you and your best interests throughout litigation, should litigation be necessary in your case. 

What Are Some Common Issues in a Contested Divorce?

A contested divorce can involve various issues that can increase contentiousness. For example, when it is time for the division of parental responsibilities to be sorted out and determined, this can be highly contentious. It is easy during this time to become so consumed with wanting to be victorious over their spouse that they forget the most important thing when it comes to the division of parental responsibilities, which is determining the children's best interests. As a result, it is crucial to have an experienced attorney on your side advocating for you and your child's best interests and who understands the emotions involved in a divorce and how it can be easy for parents to become sidetracked by their own emotions when dealing with issues relating to their children and the divorce.

While getting a divorce is never easy, it is often even more complicated if the divorcing couple has children. When a couple decides to get divorced, it is not entirely uncommon for one of the spouses to move away from where they lived during their marriage. This is often seen as a necessary first step in starting a new beginning and clearing their mind of the heartache they went through during the divorce. While it is true that moving can positively impact someone's mental health post-divorce, you must tread carefully if you are considering taking your child with you.

In Illinois, a parent cannot simply pack all their and their children's things and relocate somewhere far away without first getting the court's permission. Parental relocations are in no way guaranteed or automatic. For example, suppose your ex-spouse wishes to stop you from relocating, and they have been granted a share of the parenting time. In that case, the court will likely conduct a thorough analysis of the situation before reaching any decision. The court's eventual ruling will, in large part, be related to the best interests of the child. So, if you have gotten divorced and are interested in relocating with your child, contact an experienced attorney to ensure your rights remain protected and that the best interests of the child are kept at the forefront of all decisions made. 

How Are the Best Interests of the Child Determined? 

Courts are more likely to grant a parent's relocation request over the objection of the opposing parent only if it is found that the relocation will be in the best interests of the children involved. When determining if the relocation would be in the children's best interests, the court may consider various factors. These factors may include the following:  

It is not uncommon for spouses to get into arguments or disagree over many different issues. In some cases, a spouse may even threaten to pursue a divorce against you. The word divorce can be highly triggering to people simply because of everything that divorce represents. For most people, divorce is a significant life event, similar to a baby being born or someone passing away. Divorce is a big deal, which is why it may be shocking and upsetting to hear your spouse hang the idea of divorce over your head. 

At the outset, it must be stated that threats of divorce should be taken seriously. Accordingly, if your spouse has threatened divorce, consider consulting with an experienced divorce attorney who can inform you of your rights and help you prepare for the event of divorce and how you ought to proceed.

Considerations for When Your Spouse Threatens Divorce

If your spouse has taken the step of threatening to divorce you, try and take a deep breath. Many different things can be said in the heat of the moment that people do not mean. However, still take the threat of divorce seriously and try to evaluate your marriage and where it’s at. Threats of divorce can act as a wake-up call for some people and may mean that issues in the marriage must be addressed. These issues may include infidelity, communication problems, financial strains, substance abuse, or parenting differences. It is more probable than not that if your spouse is threatening divorce, it is not without reason. Looking within yourself and then evaluating your marriage can help you locate areas of concern that need to be addressed. 

Getting a divorce is never easy and can be especially difficult once the holidays come around. If you are coming up on your first Christmas since splitting up from your spouse, you may likely feel heartbroken and at a loss for what to do. These feelings can be amplified if you have children, have recently moved out of the marital home, or if your spouse has moved out of the marital home. In any event, if you have reason to believe divorce may be on the horizon for you and your family, this blog will delve deeper into how you can make your first Christmas since your separation from your spouse as tolerable as possible.

At the outset, if you feel you and your spouse are heading toward a divorce, consult with a knowledgeable and compassionate divorce attorney who will protect your rights and help guide you through this challenging time so that the process can be as seamless as possible. 

Surviving the “Most Wonderful Time of the Year”

For anyone going through a separation and heading toward a divorce, Christmas and the holiday season will certainly not be the most wonderful time of the year. You may be feeling a cascade of emotions, which is normal and to be expected. Here are some strategies to help you cope with your situation. Consider the following strategies: