Posted on January 15,2021 in Child Custody

If you share parental responsibilities regarding your child with a former partner who has proven time and again to be inconsistent and unreliable, terminating his or her parental rights may make the most sense to you. However, under Illinois law, unless there is another party willing to step in and adopt the child, parental rights usually will not be terminated at the request of the other parent, unless there are extreme circumstances involved.

What Does Termination of Parental Rights Mean?

When a person’s parental rights are terminated, it means that he or she is no longer legally responsible for a child. When this happens, the terminated parent no longer is required to make child support payments, but he or she also no longer has rights to parenting time or any say in how the child is being raised.

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 Posted on January 12,2021 in Divorce Mediation

When you are getting a divorce, there are several ways to complete the process of dissolving your marriage. One way is through traditional litigation, which leaves the issues of the divorce to be decided by the court. You and your spouse could also attempt to negotiate the terms of your divorce on your own, or perhaps each with your own attorney providing guidance. However, many couples find that the process of mediation is the most efficient and effective divorce method. Before you decide how to proceed, understanding the advantages and disadvantages of mediation can help you choose the best option for your divorce.

What Is Divorce Mediation?

During divorce mediation, the two spouses discuss their unresolved issues in front of a mediator. A mediator is a third party who will aid divorcing spouses in conflict resolution. His or her job is to be a neutral advisor during the mediation process, helping to clarify misunderstandings and guiding the spouses toward making decisions. The mediator does not represent either spouse and therefore cannot provide either one with direct legal advice, but it is helpful to have a mediator who understands all of the legal complexities of the divorce process, including the allocation of parental responsibilities (child custody), parenting time (visitation), and the division of assets.

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 Posted on January 08,2021 in Annulment

If you got married fairly recently and you and your spouse are starting to experience some serious problems, you might be thinking that your marriage was a mistake. Maybe you and your spouse did not quite know each other as well as you thought, or maybe the things about your spouse that you once found endearing are no longer as appealing now that you are married. Many couples who find themselves in such a situation may consider filing for divorce, but some give thought to the idea of seeking an annulment. After all, they were not married very long, so an annulment can just undo the marriage, right?

Under Illinois law, an annulment does not simply “undo” a marriage. In fact, what used to be called an “annulment” is now known as a declaration of invalidity of marriage, and it is only available under very specific circumstances. Simply being unhappy with your spouse is not among them.

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 Posted on January 05,2021 in Reasons for Divorce

For many people, divorce is an uncomfortable topic. In the 1980s, the divorce rate was as high as 40 percent in the United States. While this rate has been on the decline over the past few decades, this is small comfort to those who are going through the difficult process of ending their marriage. There are many factors that may make you want to leave your spouse, and informing your partner about the desire to get a divorce is never an easy task.

Why Do People Get Divorced?

In 2018, the most recent year for which data is available, there were more than 780,000 divorces or annulments in the United States. While infidelity is a common reason couples choose to end their marriage, many people are able to repair their relationship through marriage counseling. Here are some other factors that tend to contribute to couples getting divorced:

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 Posted on December 29,2020 in Child Custody

A divorce is the end of a marital relationship, but if you have children, your final court date is most likely not the last you will see of your ex-spouse. Though you and your spouse may not live together anymore, you still have to figure out how you will share parenting responsibilities and duties. These tips can help you increase your chances of successful co-parenting after a divorce:

Tip #1: Keep Your Emotions Under Control

If you are recently divorced, it is not unusual for you to still have lingering emotions about the end of your marriage, but it is important that you put those emotions aside for the benefit of your children. Anger, resentment, and jealousy have no place when it comes to parenting your children. Keeping a level head is one key to successful co-parenting.

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 Posted on December 22,2020 in Divorce Procedure

Getting a divorce means making decisions that will affect you and your family for the rest of your lives, and it is safe to say that it should not be taken lightly. Many people think that you only have one option when it comes to getting a divorce: litigation in court. However, just as there is more than one way of getting married, there is more than one way of getting divorced. Another increasingly popular method of dissolving marriages is mediation. Examining the pros and cons of each type of divorce can help you decide which would be better for you.

The Basics of Divorce Litigation

Many people consider litigation to be the traditional divorce method. In a litigated divorce, both spouses are represented by their own lawyers who provide legal advice and represent their client’s interests in court, with the goal of convincing the judge to issue a final decision in their client’s favor.

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 Posted on December 21,2020 in Children of Divorce

Christmas is just a few days away, and a week after that, 2020 will be over. This year’s holiday celebrations are likely to be different than most of us have ever experienced, as many families will only be able to get together through telephone calls or video chats. For parents who are subject to shared parenting arrangements, the holidays can be difficult enough already. Add in this year’s unique challenges, and things have the potential to be even tougher. As you look toward the approaching holidays, it is important to work with your co-parent, if possible, to help your children have the best experience you can offer them.

Communication and Compromise

If you normally share parenting time for the holidays, you and your child’s other parent should do what you can to be patient and kind to one another. Family celebrations—including video calls—may run long, and if families are getting together in person, the weather in Northern Illinois is often unpredictable. It is a good idea to plan your days out in advance, including which of you will be picking up and dropping off if there will be travel between homes, but be courteous and gracious to the other parent if things do not go exactly according to plan.

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 Posted on December 16,2020 in Marital Property

The distribution of assets is an important element in most Illinois divorce cases, and it can often lead to misunderstandings and arguments between the spouses. Items with sentimental value may cause even more disagreements than higher-value assets such as the marital home or vehicles, as both spouses might have an emotional attachment, making them less agreeable to parting with a particular piece of property. If you are interested in keeping a family heirloom, a specific work of art, or any other item with sentimental value, there are some ways you might be able to do so.

Is the Item a Marital Asset?

Whether or not a sentimental item is considered marital property depends on several factors. The two most important factors are when and how the item was acquired. Under Illinois law, an asset is generally considered marital property if it was acquired by either spouse during the marriage. If the item in question was yours before you got married, you typically have the right to keep it following your divorce.

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 Posted on December 14,2020 in Child Custody

If you have recently gone through a breakup or divorce, it is natural that you would want to move on to a new relationship. However, when you and your ex have children together and a child custody case pending, the other parent and the court may have a right to know more about the people you are spending time with, especially if that time is spent around your child.

How a Court Makes Custody Decisions

When a judge in Illinois is making a decision about parental responsibilities and parenting time, the judge must consider what is in the best interest of a child. Some of the factors a judge will consider include: 

• What arrangement provides the child with the most stability?

• Who can best provide for a child’s physical, mental, and emotional needs?

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 Posted on December 09,2020 in Child Custody

The issue of child custody—officially known as the allocation of parental responsibilities under Illinois law—is often among the most difficult concerns to resolve in a divorce. Parents who have spent years raising their children together may suddenly be arguing over the role that each of them will play in the lives of their children. A dispute over parental responsibilities can quickly become a very stressful and emotional situation for both the parents and the children. In some cases, extended family members are affected as well.

Every case is unique, and parents facing such a dispute should not make any assumptions about the level of responsibility that they will be granted. Instead, they should keep in mind a few important factors that may influence the outcome.

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