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While many parents are able to complete their divorce with little to no fanfare, there are situations in which the best interest of the child comes into question. In these difficult and often heartbreaking cases, a Guardian Ad Litem (GAL) may be assigned. Learn more about what an assignment of this court liaison may mean for your Illinois child custody case, and discover what our seasoned Wheaton divorce attorneys can do to help with the situation.
Either parent can request that a Guardian Ad Litem be assigned to their case. Alternatively, a judge may assign one, if they feel that the aid of one is warranted. Considered a liaison for the court, they serve as an advocate for the child. They may visit them at school, or at home. They may also meet privately with each of the parents, the school, and persons of interest to the child or family (i.e. stepparents, grandparents, etc.). Requests for a list of witnesses may also be made.
In the past, pets were treated as property in a divorce. Of course, a pet cannot be divided, so instead, the courts examined financial factors to determine who received the family’s furry friend at the end of the proceedings. Thankfully, the laws have now changed, ensuring that the owners’ emotional attachment and time invested are considered when determining who should get the family pet in a divorce.
That has not been the only change to the law regarding pets. Families can also set up a “custody plan,” so long as both owners are fully and completely invested in the animal’s happiness, care, and well-being. Learn more about how “pet custody” works in today’s Illinois divorce in the following sections, and discover what our seasoned divorce lawyers can do to help protect the interests of you and your pet in contentious or potentially dangerous situations.
Family law is a broad area of the law with many subsections. However, some issues are more common and complex than others. Learn more about the most common and currently emerging family law courts, and discover how our seasoned Wheaton attorneys can help you manage them and mitigate against any complications that you may be facing in your Illinois family law case.
Statistics indicate that the divorce rate has been dropping over the last several years, but it continues to be one of the more common family law matters, both in Illinois and nationwide. Legal separations, though less common than divorce and perhaps even some other family law issues, are also frequently seen issues in family courts.
Child matters are also extremely common in family courts. They include:
Adoption can be one of the most rewarding paths to parenting - but there are some challenges involved. In particular, international adoptions (also known as intercountry adoptions) can be difficult and costly to complete. These issues, paired with increasingly strict regulations and even bans on international adoptions have caused a significant decline in the rate of successful intercountry adoptions in the United States.
Thankfully, prospective parents can ease the process by ensuring they are informed about their steps and numerous obstacles. Aid from a seasoned adoption lawyer can also make the process more seamless. If you are considering international adoption, the following information can help you prepare for the upcoming challenges and discover how to mitigate against some of them.
While there are prospective parents who prefer older children, most are hoping to adopt an infant. Unfortunately, babies can be extremely difficult to come by. Many international countries have laws that restrict the age at which a child may be adopted. The complexity of the process, which can take a great deal of time to navigate, may also hinder a party’s ability to adopt a child during infancy. So, if your heart is absolutely set on a newborn, you may want to consider other adoption options that may be more suitable for you (i.e. private domestic adoption).
Children, although seen as resilient, can suffer greatly during a divorce. Thankfully, attentive and loving parents can ease the transition to improve their child’s outcome. Learn more about how to help your child cope during your impending Illinois divorce, and discover how a seasoned attorney can ease the process so that you have more time to focus on your child’s needs.
Loving parents are generally pretty attentive to the needs and well-being of their children, but during a divorce, life can feel pretty out of sorts. Add in a dose of guilt, depression, or even just the stress that a divorce may cause, and it is easy to see why parents sometimes lose sight of what might be best for their kids. Parents may also become preoccupied with “winning” the divorce - and not necessarily because they want to get even with their spouse. Some simply struggle with the idea of splitting the time they have with their children.
Child support is designed to ensure a child’s immediate financial needs are met, such as food and clothing for school. It can also go toward a child’s future, giving a parent the power to start up a college fund for the child. Sadly, statistics indicate that only 44 percent of all custodial parents receive the full amount of support that they are owed.
One California woman had been just one of many who had not received child support after her divorce. Given custody of their daughter, the woman had been left to raise and financially support the child after her ex-husband skipped town and moved to Canada. From there, the man completely disappeared. Fifty years later, the courts awarded the woman a settlement of $150,000. That amount included the overdue support payments of $35,000, as well as penalty fees and interest for four decades of unpaid support. her experience proves it is never too late to pursue the overdue support you are owed.
Couples usually anticipate a division and distribution of their assets during the divorce process, but many are surprised to learn that their debts are also split during the proceedings. Unfortunately, when parties are not prepared for the allocation of their debts, it can create serious financial issues, both immediately and in the distant future. Learn how you can avoid such an issue during your Illinois divorce, and discover how our seasoned attorneys can help.
In marriage, debts and assets can become intrinsically intertwined; untangling them can be difficult, to say the least. Yet, it is critical that divorcing parties have a clear understanding of their debts. Additionally, parties are encouraged to try and distinguish which debts were initiated by them or their spouse, and which were co-marital debts.
Not sure how to decide?
First, consider whether the debt was established prior to or after the marriage. If initiated before the marriage, the debt would likely belong to the person who owned it prior to the marital union. Debts established during the marriage are generally considered co-marital. However, that does not necessarily mean that you and your spouse would split them evenly. Instead, they are generally divided in a way that is similar to the division of a couple’s marital assets.
Divorce can be a costly endeavor, which is why parties are usually encouraged to plan and save for the process. Of course, if you are not the one who files, you may not have such a privilege. Instead, your spouse may catch you completely off-guard, with little to no resources at your disposal. What can you do to ensure you still have access to seasoned legal representation in such a situation? The following information explains.
The internet is full of information on discount and do-it-yourself divorce options, but these methods can have a lasting and negative impact on the outcome of your case. It is also important to realize that everything from your financial well-being to the amount of time you receive with your children can be affected.
Since discount and DIY divorce methods are not viable options, there is only one option left to consider: hire an attorney. Just be sure to avoid the trap that many disadvantaged spouses fall into when they hire a lawyer; never hire based on cost alone. Instead, ask for referrals from friends and search for reviews online. Then, when you have narrowed your choices down, start scheduling consultations. Share the details of your case with them and listen carefully to their responses. Are they in-tune with your needs and concerns? Do they seem pre-occupied with winning the case, or are they supportive of your desires to negotiate or settle fairly?
Divorce is a highly complex process with several moving parts, and the cost of a mistake can be devastating. Because of this, it is highly recommended that all parties seek the guidance and assistance of a seasoned legal attorney during their divorce case.
Having legal assistance during divorce does not eliminate the need to understand the steps of divorce, however. In fact, those who are informed about the process tend to fare better in their cases. This is partly due to their ability to make sound decisions throughout the process. Learn more in the following sections, and discover how our skilled attorneys can help.
One of the most critical steps in an Illinois divorce is preparation - and determining if you even qualify. In these moments, you will find an attorney to represent you, gather financial documents, and perhaps even create a post-divorce budget to help you achieve your financial goals.
Divorce can impact many areas of your life. Your marital finances, time with the children, and ownership of assets are really just the beginning. Parties can have their information highjacked, or even their reputations ruined by a vindictive spouse. Thankfully, there are steps that you can take to protect yourself and your children during the process. Start by ensuring you address these technology issues before you file or tell your spouse about your plan to divorce.
In today’s digital age, nearly everyone stores and shares information online. Couples also tend to share devices, data, passwords, and even some of their accounts. Sadly, that unfettered access in a divorce can create all sorts of issues. Spouses can gain access to data and financial information that does not apply to the divorce (i.e. an inheritance that was gifted to you after the separation) to hike up your child support or spousal support obligations. A vindictive spouse could attempt to drain your bank account and transfer everything over into their name, or they may even go so far as to delete important information or mine your social media accounts and photos for details they can use against you in custody proceedings.
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