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Recent Blog Posts
How Family Law Has Changed Over the Years
Family law has come a long way in the last 50 years. While the law has changed substantially, its depiction in media has not quite caught up. Gone are the days when mothers going through a divorce could automatically expect to receive full custody of their young children. Fathers and mothers are treated equally under the law now. The terminology the state of Illinois uses to describe family law concepts has also changed significantly over the years. For example, the nongendered term “parentage” has largely replaced the term “paternity,” as children can now be born with two mothers or two fathers. When you are going through any type of family law proceeding, it is important to be represented by a qualified Rolling Meadows, IL, family law attorney who is experienced in this ever-changing field
Child Custody Is Different
Instead of “physical custody,” Illinois now uses the term “parenting time.” Also gone is the term “visitation.” Both the parent who has the child with them more often and the parent who sees the child more infrequently have “parenting time.” This is because the term visitation implies that a parent is a visitor to their children rather than a parent. “Legal custody,” - the right to make decisions for your child - is now called “parental responsibility.”
Reasons for a Prenup Go Beyond Just Divorce
While prenuptial agreements are commonly associated only with divorce, they serve a much broader purpose in the grand scheme of things. Prenups can provide couples with financial security, protect family assets, and establish clear expectations for the future. If you are wondering what advantages a prenup may offer you and your spouse, contact a lawyer trained in family law and explore the various reasons why a prenup may be in your and your spouse’s best interests.
Four Reasons Why You Should Consider a Prenup
- Safeguarding family assets – One often compelling reason to sign a prenup is to protect family assets. If you or your spouse come from a wealthy family or have inherited significant assets, a prenuptial agreement can ensure that those assets remain within the family in the event of a divorce or separation. This can provide peace of mind and prevent potential conflicts over the distribution of family wealth.
Domestic Violence and the Holidays
If you are currently married to a person who has been violent towards you or your children, this holiday season might feel more scary than celebratory. You should know that domestic violence often gets worse, not better, during the holidays. If you are considering divorce, this might be the right time to leave. You will need to make a safety plan. You may have already noticed escalating violence, or you may have already experienced it in years past. Your safety plan may include getting an Order of Protection that will remove your abuser from the home before serving them with divorce papers. A well-qualified Arlington Heights, IL, divorce attorney who has experience helping survivors of domestic violence can take steps to make your divorce as safe as possible for you and your family.
What are Parental Responsibilities?
Parental responsibilities include making decisions, providing care, and financially supporting the child. These responsibilities are allocated between the parents during a divorce or child custody case. Just as parenting time must be split between the parents, so must these responsibilities. The concept of parental responsibility used to be referred to as “legal custody.” The parent who could sign a medical consent form or choose their child’s school was said to have “legal custody” regardless of which parent the child was physically with at the time. Now we might say “medical decision-making responsibility” and “responsibility to place the child in an appropriate school.” While the wording has changed, the general effect has not. It is very important to be represented by a qualified Rolling Meadows, IL, divorce attorney if you have a child custody case.
Issues in High-Asset Divorce
Any divorce can become very complicated very quickly. Even when the spouses share very little marital property, there can be substantial conflict that makes the divorce hard to resolve. When the spouses share substantial marital assets, it can be reasonably assumed that the divorce will be a bit more complicated than most. Neither spouse is likely willing to be left with what they feel is less than their fair share of the marital property. This can produce a lot of conflict. The court may need to make these decisions in cases where the parties are unable to agree. Under Illinois law, all marital property is to be divided in an equitable manner. This largely means that after considering all the relevant factors, the court can largely divide assets in any way it deems fair. It is especially important that individuals in high net-worth marriages be represented by an experienced Illinois divorce lawyer. Unrepresented parties are frequently taken advantage of.
Do I Need a Court Order to Leave My Home with My Kids?
You are not the first person to ask this question. Many people, for many reasons, wonder whether they can simply pack up their children and leave the home they share with their partner. The answer can depend on several factors. Usually, if there is no court order in place regarding parenting time, either parent is free to take their children anywhere in the country they please. So long as the children are considered to be safe with the parent who has them, the court will generally not take action against that parent. Visitation problems in the early stages of a divorce are common. However, it is important to be careful in how you handle parenting time arrangements before you are able to get a court order. How you and your spouse cooperate will be a factor the court may consider later on. It is wise to speak to an attorney before taking any such action, however.
Do Courts Favor Mothers in Child Custody Cases?
Illinois law dictates that both of a child’s parents, regardless of their genders, are to be treated equally under the law in all matters, including those concerning child custody. Our state has historically been very progressive about how parents of varying genders are treated in parentage and child custody cases. To begin with, Illinois uses the gender-neutral term “parentage” rather than “paternity” in nearly all formal documents. Fortunately for fathers, Illinois recognizes that a child’s relationship with each parent is equally important and worthy of protection. Courts tend to favor parenting time schedules that give both parents roughly equal meaningful time with their children for this reason. However, it is also critical for fathers involved in custody cases to be represented by a knowledgeable attorney, as experiencing some latent bias is always a risk.
Divorce for Homemakers
Homemakers do real work with real economic value. Many find that it makes more financial sense for one spouse to stay home to raise children or manage the household. In other cases, one spouse may not work outside the home due to a disability but is still able to contribute to the family in other important ways. When spouses who were homemakers during their marriages get divorced, they often worry about how they will find the money they need to live comfortably after separating from their spouses. Fortunately, Illinois law protects homemaker spouses during divorce in several ways, such as by making spousal support a possibility in some cases. It is important to talk to a qualified Illinois divorce lawyer about how your status as a homemaker might matter during your divorce.
Surviving Divorce as a Domestic Violence Survivor
Domestic violence is something no one should ever have to face. Your spouse has no right to use violence against you no matter what. If you are currently in a marriage where you are being abused, getting divorced may be one of the necessary steps towards safely escaping the relationship. There are certain precautions you may want to take before you start the divorce process. It is important to inform your lawyer if you have suffered abuse during the marriage so that they can make sure to put your safety first. You may need to find a safe place to stay before filing if you are afraid that your spouse could react violently, or alternatively, your lawyer may be able to get a special kind of court order that forbids your spouse from coming near you. Safety planning is of the highest importance when you are divorcing your abusive spouse.
Will My Mental Illness Affect My Custody Case?
Illinois’s laws regarding child custody do allow courts to consider the mental health of all individuals involved. However, merely having a mental illness does not mean that the court will deem you a poor parent. Many excellent parents have mental health diagnoses that do not interfere with their ability to raise their children. If your condition is well managed and you are otherwise stable, you likely have little to worry about. However, there are some circumstances under which courts will strongly consider reducing the amount of time a parent with a more serious mental illness can spend with their children. A major mental illness that impacts your ability to function in daily life may become an issue during your custody proceedings. If you have concerns about how your mental health could impact your child custody case, it is important to consult an experienced attorney.
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