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Recent Blog Posts
Protecting Your Child From an Abusive Parent During Divorce in Illinois
If your spouse has been abusive toward your child, protecting the child is likely your primary goal. Many parents will file for divorce soon after they discover the abuse or realize the extent of it. Leaving a spouse who has abused your child can be frightening, and you may fear that your spouse will engage in a fierce custody battle. Illinois child custody law is designed to protect children from parents who may harm them. The test courts use to determine who should have the child with them and when and under what circumstances based on the best interests of the child. If there is any evidence that this abuse has taken place, including your child’s testimony, the court is highly unlikely to allow the abusive parent time alone with the child. It is critical to be represented by an aggressive Arlington Heights child custody lawyer throughout this process.
Can I Move with My Children After My Illinois Divorce?
Divorce is a new beginning. As your marriage concludes, your new life as a single and free adult begins. Wanting to move away from the place you lived with your spouse is normal and common. However, if you have minor children, bringing them with you when you move might complicate your divorce. If you are already divorced when you decide to relocate, you may need to modify your parenting plan. There are a lot of different factors to consider when you are relocating with children. The court will primarily be concerned with whether the move will be good for the child. You must also consider the logistics of helping your children consider their relationship with the other parent. An Arlington Heights, IL, child relocation attorney can guide your efforts at relocating and help you modify your parenting plan as needed.
Proving You Need Full Custody in Illinois
Illinois courts are generally reluctant to grant either parent full custody of their child unless the circumstances truly show that such an arrangement is in the child’s best interests. Even when one parent is less than perfect, courts are more likely to order supervised visitation than to cut one parent off from their child completely. However, there are cases where one parent is so dangerous to the child’s wellbeing that a court will award one parent sole custody. Suppose your child’s other parent is so dangerous that any child custody arrangement giving them parenting time would be unsafe. In that case, your Arlington Heights, IL, child custody lawyer can begin gathering the evidence you will likely need. In most cases, the other parent will resist this arrangement.
Evidence You May Need to Secure Sole Custody
Cook County, IL, family law courts frequently see high-conflict child custody battles where one or both parents are demanding sole custody not because it is necessary to protect the child but simply to spite the other parent. Your lawyer will need to help you prove that yours is not one of those cases. Types of evidence that can be very helpful when you are pursuing sole custody include:
What Are Parental Responsibilities?
Parental responsibilities refer to the decisions a parent must make on behalf of their child and the duties they owe the child. During a divorce or child custody case, parental responsibilities will be assigned to one or both parents. Your parenting plan will set out which parent is responsible for making critical decisions about the child’s upbringing, including what type of healthcare they should receive. Parental responsibilities used to be called “legal custody” in Illinois. In many cases, both parents will retain some decision-making responsibility, such as the right to consent to medical or mental health treatment on their child’s behalf. The allocation of parental responsibility may be very important in your child custody dispute if you and the other parent do not share the same opinions on how to raise your child. It is important to be represented by a Rolling Meadows, IL, child custody attorney when you are involved in this type of court case.
What Is Domestic Violence?
If you have to ask whether what you have experienced in your marriage counts as domestic violence, the answer is probably yes. While domestic violence certainly includes violent actions like hitting or choking you, there are more subtle forms of domestic violence. Simple things like pushing you out of the way, restraining your movement (except in self-defense), and ripping your belongings out of your hands can also be considered forms of domestic violence. Note that domestic violence is not the only form of domestic abuse. Verbal abuse, financial abuse, emotional abuse, and sexual abuse are all very valid forms of spousal abuse. If you are married to an abusive spouse, there is help available. An Arlington Heights, IL, divorce and domestic violence lawyer can help you make a plan to get out of your marriage safely.
Have I Experienced Domestic Violence?
If your spouse caused you any physical harm, including pain or discomfort without your consent, there is a strong chance that they have carried out domestic violence against you. You may have experienced domestic violence if your spouse:
Special Issues in High-Asset Divorce
When spouses have a relatively small marital estate, dividing their marital property equitably can be a somewhat simple task. If there is little more than a bank account and some furniture, the portion of their divorce that pertains to the division of assets will likely be over quickly and with little dispute. However, in high-asset marriages, it is very likely that the spouses have complex assets that will be more challenging to divide. If you and your spouse share income properties, a business, or an investment portfolio, your attorney will need to take special care to ensure that you receive your fair share of the marital assets. When there is a lot at stake, it is critical to be represented by a well-qualified Arlington Heights, Illinois, high-asset divorce attorney.
Common Types of Complex Assets
Some assets are more difficult to divide than others. Some types of assets you may need to divide strategically during your high-asset divorce include:
Is My Prenuptial Agreement Enforceable?
Just because you have a prenuptial agreement in place does not necessarily mean that the court will enforce it when you get divorced. There are a number of issues that might render your prenuptial or postnuptial agreement invalid, such as coercion, fraud, and failure to disclose assets and debts prior to signing. It is somewhat common for a bride or groom-to-be to get coerced into signing a prenuptial agreement, often at the last second before walking down the aisle. Sadly, fraud is also not uncommon. There are also public policy reasons why a court might not uphold such a contract. Generally, an agreement that is so drastically unfair that one spouse would be left unable to meet their basic needs cannot be enforced. If you are worried that an unfair or unreasonable prenuptial agreement might be used against you when you get divorced, it is important to work closely with an experienced Rolling Meadows, IL, divorce lawyer.
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.
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