Recent Blog Posts
Could Mediation Be the Right Choice for My Illinois Divorce?
Movies and TV shows constantly show a contentious divorce playing out in a courtroom. In truth, that is sometimes what happens in reality. But in some cases, a couple can agree that divorce is the right step, even if they can be amicable about it. Instead of going to court, a couple can decide to try mediation, which is becoming more and more common in family law issues. Mediation costs less than court processes and allows both sides to address each of their concerns to try to achieve a solution both can agree on while avoiding going to court. If you believe divorce is in our future but you think mediation might be the right choice for you and your spouse, a Kane County, IL divorce lawyer will be able to clear up any confusion you may have and guide you through the process.
What Happens in Mediation?
When a couple opts for mediation, they are generally kept in separate rooms, and the mediator will keep coming and going between both. The mediator’s job is to hear the concerns of each side, listen to settlement possibilities, and suggest compromises that both sides might consider reasonable. As a neutral outsider, it is easier for the mediator to identify the real issues and try to come up with a path toward agreement. Once an agreement has been reached for all the aspects that need to be considered when a married couple splits, you will need to file the Illinois divorce petition through the court system.
There Is an Order of Protection against Me. What Can I Do?
The courts in the State of Illinois take accusations of domestic violence extremely seriously. Victims of abuse have several steps at their disposal to seek protection for themselves and any children they may have. Courts can grant an Order of Protection, otherwise known as a restraining order, to restrict an alleged abuser’s ability to physically go to specific places. There is something called an Emergency Order of Protection, which can be granted almost immediately when someone makes an official complaint, before an investigation.
While these orders are in place to protect victims of domestic abuse, there are unfortunately people who take advantage and make false accusations against their spouses. They could do this for several reasons. They might believe this would help their case in divorce proceedings if they are seeking favorable custody arrangements, or they might simply want to harm their ex. If you are being falsely accused of abuse and have been issued an Emergency Order of Protection that is keeping you away from your children, an Arlington Heights, IL divorce lawyer can offer advice and guidance at this difficult time.
I Am Single and Going to Be a Father. Is Paternity Important?
When a married couple has a baby in the State of Illinois, the woman who gives birth is automatically considered the mother, and her husband is automatically considered the father. This definition is very matter-of-fact and does not have much impact on the family. However, when a couple is not married and they have a baby, things can become a bit more complicated. The woman who gives birth is still automatically considered the mother, but the baby’s father needs to prove his paternity, meaning that he is the biological father.
Whether or not someone is legally considered a child’s father has a lot of ramifications. This determines if a man has certain obligations to the child and mother, such as the requirement to make child support and spousal support payments. It also determines whether the man has any rights relating to the child, such as visitation and decision-making. If you are not married, about to welcome a baby, and are concerned that your rights as a father may not be protected, an Arlington Heights, IL paternity lawyer can explain the specifics of why you may want to officially and legally prove your paternity.
What Is Involved in an Illinois Divorce Settlement?
The term “divorce” has been commonly used for many years, but people who have never been divorced may not be aware of all the issues that need to be settled when you are going through one. If you are like the majority of Americans and you have not thoroughly studied the law, you might likely find yourself in a confusing situation.
If you and your spouse are considering a divorce, please consider speaking with an experienced Arlington Heights, IL divorce attorney who can explain all the aspects of a divorce settlement in detail, including how they might apply to you.
What Issues Need to Be Settled during Divorce?
When a couple decides to legally end their marriage, the process can take some time to complete. The reason for this is that many aspects of their lives were legally bound, and now they need to agree on how to split those up. When children are involved, divorce can be even more complicated.
I Am Getting a Divorce. Can I Avoid Fighting It Out in Court?
We are all familiar with what is considered a “typical” divorce. You have probably seen TV shows showing spouses screaming and refusing to give each other anything. In reality, however, there are many times when a couple wants to get divorced but is not interested in hurting each other.
In such cases, an uncontested divorce can be the simplest way for both sides to get what they want. If you are considering divorce and you think you and your spouse can agree on all the issues involved, an Illinois uncontested divorce attorney can guide you on how to accomplish this.
What Is an Uncontested Divorce?
You and your spouse want a divorce, but that does not necessarily mean you cannot agree on how you would like to go about it. Sometimes, a couple can form a shared vision for their future after divorce. And sometimes, they can even agree on every aspect that would need to be settled in a divorce. That includes:
What Should You Do if You Are a Victim of Domestic Violence?
According to the Centers for Disease Control (CDC), domestic violence affects millions of Americans every year, with one in five homicides being carried out by the victim’s intimate partner.
It can be hard enough to gather the courage to leave a situation where you are a victim of domestic abuse, and even harder to think about actual legal actions like divorce. If you are reading this and find that you can identify with it, you should know about the options you have to protect yourself and your children. Suffering domestic abuse is a terrible experience that no one should have to go through. An Arlington Heights, IL attorney will walk you through what you can do and fight hard to get you the best resolution for you.
File a Petition for Sole Custody
In the State of Illinois, two parents who share children and are getting a divorce generally will have some sort of shared custody arrangement. What is commonly known as custody is split up into two categories: parental responsibilities (referring to the ability to make important decisions for the child) and parenting time (visitation, or the amount of time a parent is physically with their child).
Preparing for Child Custody Mediation in Illinois
When divorcing parents in Illinois cannot agree on child custody terms, mediation is often legally required before the case can proceed to court. Proper preparation is key to making custody mediation more effective and productive.
Understand the Mediation Process
It is important to understand how child custody mediation operates in Illinois. Mediation involves parents meeting with a neutral, accredited mediator to attempt to negotiate custody and parenting time agreements. The mediator facilitates discussion but does not impose any binding decisions. Conversations during mediation are considered strictly confidential under Illinois law.
Gather and Organize Documentation
Bring any relevant court orders, child custody evaluations, school records, medical records, police reports, and other important documentation that supports your position on custody arrangements to the mediation session. Having evidence available helps mediators fully understand the circumstances when reviewing proposals. Keep copies organized in a binder for easy reference.
Understanding Your Rights as a Father in Illinois Family Court
Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. However, many dads are unaware of their rights or how to assert them effectively. It is beneficial to know about a father’s rights during a child custody case.
Presumption of Equal Parenting Time
Recent changes to Illinois law have established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means courts will generally seek to order a timeshare as close as possible to 50/50 custody or at least “reasonable parenting time" for each parent.
Fathers should not hesitate to request equal parenting time and present arguments about why spending half of the time with dad is best for the kids. Unless evidence shows otherwise, judges will aim for a schedule maximizing the involvement of both parents.
Right to Seek Joint Custody
Tips for Co-Parenting During a Pending Divorce
Many parents begin to settle into a pattern after their divorce has finalized and they have a final decree dictating who spends time with the child and when. Conflict may begin to become less heated and less frequent when the divorce has been finalized. However, it is important for parents who are getting divorced to continuously co-parent beginning the day they tell their child about their imminent separation. When divorcing parents work together for the benefit of the child from day one, children may experience an easier transition from living in a two-parent household to seeing each parent separately. Unless there are certain circumstances suggesting that one parent should be excluded from the child’s life, such as cases where one parent has abused the child, your child could likely benefit from you and your soon-to-be ex-spouse planning for successful co-parenting until your divorce has finalized.
Debunking Common Misconceptions Regarding Guardian Ad Litems
Guardian ad litems (GALs) play a crucial role in the legal system, representing the best interests of vulnerable individuals, such as children whose parents are getting divorced. However, misconceptions surrounding their work persist. Today, we will be debunking common misunderstandings associated with GALs and shed light on their critical role in safeguarding those who cannot advocate for themselves. If you believe guardian ad litem would be beneficial to your legal situation, discuss this with your divorce attorney to try and come up with a plan to get guardian ad litem involved in your case.
Misconception #1 – GALs are Advocates for One Party Only
One common misconception is that GALs solely advocate for one side in a legal dispute. However, the primary responsibility of a GAL is to represent and protect the best interests of the individual they are appointed to represent. They objectively assess what is in the person's well-being, considering multiple factors like their physical and emotional needs, safety, and future prospects. GALs work independently and serve as a neutral voice in court proceedings, guiding the court toward a decision that ensures the individual's welfare.