Posted on July 28, 2016 in Divorce

Illinois is now considered a no-fault divorce state because it only allows parties to file for divorce by citing so-called irreconcilable differences. In other words, the marriage simply did not work out, but that is not the fault of any one specific action of either party.

If you are considering divorce, a family law attorney in DuPage County can help you determine whether you and your spouse have experienced irreconcilable differences.

No-fault and At-Fault Grounds for Divorce

Unlike some other no-fault states, Illinois used to allow several at-fault grounds, or reasons, for a divorce. The court typically did not consider the fault or grounds alleged when deciding the substantive issues - like child custody, division of the assets, child support or spousal support - related to the divorce though. Instead, the court looked at the grounds when considering whether the person filing for divorce is permitted to do so and whether any waiting period requirements have been met.

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 Posted on July 27, 2016 in Divorce

How quickly your divorce is finalized typically depends on whether your divorce is considered a contested or uncontested proceeding. Uncontested divorces are generally resolved faster, since the parties can come to an agreement and avoid the time and expense of litigation.

However, uncontested divorces are not appropriate for spouses who cannot agree on all of the most important aspects of a divorce, including spousal and child support, a parenting plan and custody agreement, and division of the assets and debts.

If you are seeking a divorce and wonder which method of divorce proceedings would be right for you, one of our experienced family law attorneys in the Wheaton area who handles divorce can discuss with you the pros and cons of both contested and uncontested divorce.

What is an Uncontested Divorce in Illinois?

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 Posted on July 21, 2016 in Child Custody

In the past - and, unfortunately, at times still today - the courts have traditionally favored mothers when it comes to deciding which parent should be granted primary custody, or whether fathers can share equally in both parenting time and the right to make important decisions about their children's lives.

Illinois has made strides in recent years towards recognizing that fathers play just as important a caretaking role as mothers do and deserve equal treatment when it comes to custody decisions. Our experienced parental responsibilities lawyers believe strongly that neither parent should - based solely on his or her gender - have a right to an automatic presumption of custody.

Rather, the court should consider the best interest of the child, the existing relationship between a child and each of his or her parents, the stability of a parent's home environment, and the type of support each parent provides the child, including financial, physical, emotional, and educational support, among other factors.

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 Posted on July 19, 2016 in Child Custody

One parent's relocation can significantly impact a parenting plan. If you have a parenting plan in place and you are considering relocation, or you learn that your child's other parent is planning to relocate, you will need the help of an experienced family law attorney in Illinois.

Factors Considered by Court for Relocation

There are several factors the court will consider when deciding for or against relocation when a parenting plan is in place. The court will look at how the current arrangement will be affected and whether similar or comparably fair division of parenting time will be feasible if the relocation occurs.

Some other relevant factors for the court to consider include the reason for the relocation, how far away the new place of residence is from the child's current residence, how severely visitation or parenting time with the other parent would be impacted, whether the new place of residence is located out of state, whether the child would have to change schools, and how the move would affect other parts of the child's life including relationship with siblings, friends, extended family members, activities, and other attachments.

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 Posted on July 14, 2016 in Child Support

If you are subject to a child support order and your circumstances have changed, you may need to seek child support modification from the court. Whether you have become unemployed, changed jobs, or had another change in your circumstances that has made paying your child support obligation difficult, our experienced child support modification attorneys can help.

What Factors Do Courts Consider When Determining or Modifying Child Support Orders?

Child support modification requests can be addressed judicially - by the court - or administratively, by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services. Your family law attorney will help you determine which process best protects your rights.

There are a few factors that the court will take into consideration when determining whether or not it is appropriate to modify the child support order to which you are subject. Primarily, the court will look at the paying parent’s income and whether the income has changed since the original order was issued, compared to the existing needs of the child.

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 Posted on July 12, 2016 in Child Custody

If you are involved in a parenting time dispute and are the parent of a breastfeeding child, you may have questions about how a breastfeeding relationship may impact a custody arrangement in Illinois. Our family law attorneys in Wheaton understand that breastfeeding is both a sensitive topic and an important part of many young children's development.

The Tender Years Argument

In the past, many jurisdictions have subscribed to the view that very young children who are still in their "tender years" - generally considered to be children age three and younger - should primarily be cared for by their mother.

This view stems from the antiquated belief that mothers are always the primary caretakers of young children, and from the accurate understanding that a breastfeeding child will need more consistent access to his or her mother.

Breastfeeding and Parent-Child Bonding

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 Posted on July 07, 2016 in Child Custody

In Illinois, the court will often take into account the wishes of the child or children who are the subject of a parenting time dispute. While a child's input can be incredibly valuable in terms of determining the child's best interest - as is the court's ultimate goal - it is not necessarily appropriate under all circumstances.

If you are involved in a parenting time dispute and worry about how your child's feelings and wishes will be respected, our compassionate family law attorneys in Wheaton can be by your side throughout the process.

Illinois Considers Child Input as One Factor in Parenting Time Disputes

Some states do not take children's wishes into account at all when deciding parenting time cases. This is perhaps a relic of the past in which decisions were typically made for kids without their input. Illinois, however, recognizes the importance of listening to what kids think, feel, and value as their family situation changes significantly.

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 Posted on July 05, 2016 in Divorce

If you are seeking a divorce in Illinois, you may have questions about who is responsible for paying attorney’s fees. Many people believe that it is only fair that the party whose actions led to the divorce, or who first filed for divorce, should be responsible for the attorney’s fees.

This is not always the case though. Ultimately, the decision about attorney’s fees is often left to the court's discretion. However, your divorce lawyer can certainly request that the judge assign the attorney’s fees - entirely or in part - to your spouse.

Factors the Court May Consider in Assigning Fees

While the court is not going to consider fault in terms of deciding the payment of attorney’s fees, the judge may take into consideration each spouse's income and means, as stated in 750 ILCS 5/508. For instance, if one spouse was primarily a stay-at-home parent and the other earned the majority of the income, the court may find that each party should pay a percentage of the attorney’s fees in relation to their proportion of income.

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 Posted on June 30, 2016 in Alimony/Spousal Support

Divorce is often a hardship that weighs heavily on nearly every aspect of an individual’s life. It can be emotionally and physically taxing, but it can also be financially damaging. Too many times does a couple stay together because it is economically easier. Both are used to a certain standard of living and feels as though they would not be able to support themselves if they went out on their own. One solution is to apply for spousal support.

What Is Spousal Support?

Spousal support, also known as spousal maintenance or alimony, is a payment that is made by one spouse to another after a divorce or separation. While spousal support is not always necessary, its main purpose it to help offset effects of divorce and to ensure that neither individual is left in poverty due to the divorce. Typically, this payment is calculated in order to assist both parties in the divorce maintain a similar standard of living after a divorce is final as was enjoyed during the marriage.

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 Posted on June 28, 2016 in Child Custody

Illinois is one state that allows grandparents and other close family members to petition the court for visits when the parent or guardian is not permitting access to the child. While grandparent visitation is considered a privilege and not a right in Illinois, your family law attorney can help you seek contact with your grandchildren.

What Is Grandparent Visitation?

Any parent - if deemed a fit parent by the court - is given substantial deference to his or her wishes regarding contact between their child and other family members, including grandparents, great-grandparents, aunts and uncles, and even adult siblings. For this reason, many grandparents attempt to set up regular visits with their grandchildren by working with the child's parent.

Unfortunately, these informal agreements are often not honored, or are stopped and started at the convenience or whim of the parent, and not necessarily with the child's best interest in mind.

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