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When parents go through a divorce in Illinois, they generally have some type of shared custody arrangement. Even if one parent has the majority of parenting time and parental responsibilities, the other parent is typically entitled to some time with the children and some ability to make decisions for them. A major area that can have a big impact on the child’s life is their education. Deciding how your kids will be educated is important, and both parents usually want what is best for them. What happens if the parent with a greater share of custody wants to homeschool the children but the other parent strongly disapproves? If you are in this situation, speak with a qualified DuPage County, IL divorce lawyer to understand your options.
Homeschooling can be an excellent option for some children but is not the best choice for everyone. If you are against homeschooling your children but your ex will not listen to your concerns, there are legal steps you can take to address the situation while your divorce is being settled:
Spouses who get divorced are entitled to marital property, which are assets that were acquired by either party during the marriage (with some exceptions). It is common for a spouse to experience a financial boost after being awarded his or her share of the marital property. Marital debt, however, which is also divided between both parties, can counteract that financial benefit.
In the debt division process, a judge often saddles both spouses with financial obligations. This can significantly affect the economic future of both parties, in ways that one or both spouses may feel is unfair. Some couples therefore hire an Illinois family law attorney to draft a prenuptial agreement that determines in advance how debt will be divided in a divorce.
When parents divorce or separate, they must establish a parenting plan. This plan includes parental responsibilities (formerly known as custody) and parenting time (visitation) agreements. Your plan will also assign decision-making rights to each parent for major decisions involving healthcare, education, religion, and extracurricular activities. In many cases, these decision-making rights are shared equally between parents; however, sometimes, only one parent has these rights.
Illinois courts must approve proposed parenting plans, transforming them into binding legal documents. Although these plans are permanent, circumstances that affect the best interests of the child can change. You may need to request a modification of your parenting plan. Our skilled DuPage County, IL child custody lawyers can help.
Illinois law prevents parents from modifying their parenting plan for two years after the court approves the initial final order in most cases. If there are specific issues that threaten your child’s emotional, physical, or psychological well-being, you might be able to request a modification before the two-year limit. You will need evidence that shows extenuating circumstances, such as:
There are two types of child custody: one is physical custody, which is when a child is physically under a parent’s care. Illinois law refers to this as "parenting time."
The other type of custody is called legal custody. This refers to making major decisions about the child, such as:
Medical decisions, like whether to follow natural medicine or conventional medicine
Educational decisions, like where the child will go to school
Religious upbringing, like which faith the child will practice and to what degree
When it comes to parenting time, state law and many child development experts agree that both parents should be involved as much as possible. Illinois courts therefore prefer to award both parents joint physical custody by default, excepting certain cases like if one of the parents is abusive or neglectful.
When two people get divorced in Illinois, they are both entitled to marital property. Marital property is what Illinois law calls possessions or assets that either spouse acquired during the marriage. With some exceptions, these assets belong to both parties and are divided in a divorce. The couple can divide the property between themselves or a court can do it for them.
When an Illinois court divides marital property between two spouses, it does so fairly, not equally. This can make the process somewhat complex because instead of just dividing everything in half, it is up to the judge to decide how the property should be divided. Property division becomes even more complex when it involves assets that are hard to divide, such as a family business. An Illinois property division attorney will defend your interests throughout the process and make sure you receive your fair share.
Much of the divorce process focuses on finances. Spouses who dissolve their marriages are sometimes required to pay child support and spousal support (alimony). They may also be required to divide their marital property, which refers to money and possessions belonging to both parties. These obligations can take a heavy financial toll.
However, spouses can protect themselves and limit financial hardship by preparing for divorce. This article will discuss three ways to prepare financially, but it is always best to consult an Illinois divorce attorney about what steps you can take.
A crucial way to prepare for divorce is to collect the relevant financial documents. However, this is easier said than done for spouses going through bitter divorces. If you are in a hostile divorce, you may have trouble getting access to these documents, especially if you are the "out-spouse." An out-spouse refers to a spouse who does not have knowledge or access to the couple’s financial assets. The in-spouse is the spouse who manages the couple’s finances.
Illinois is made up of 102 counties. Each county follows state and federal laws, but they also have some of their own rules that differ from each other. Every county has courts that have jurisdiction over the area, which means the courts enforce their county’s laws.
When you file for divorce in a county court, that court is called your “venue.” Usually, your venue is in the county you live in because that is where people often file for divorce. However, there are certain reasons why a spouse may wish to change the venue after the divorce has been filed.
If you think you might want to change the venue, speak with your Illinois divorce attorney about what steps to take.
There are several reasons why someone might ask for a change in venue. For example:
It is normal for there to be conflicts in divorce. When two people who share a life together decide to separate and divide that life, disagreements are bound to come up. However, divorce is also known to breed hostility and other negative feelings. These can lead to unnecessary conflicts that are not only unhelpful but can derail the divorce negotiations.
When you go through a divorce, consulting with an Illinois high-conflict divorce attorney is a great way to avoid unnecessary conflict. An experienced lawyer knows where in the process most couples run into friction and will help you avoid those hotspots.
Here are five ways to avoid unnecessary conflict in an Illinois divorce.
There are several hot-button issues that often need to be worked out during a divorce, such as:
A wedding ring is a symbol of marriage and is given from one person to another with the expectation that they will marry. A common question, therefore, is whether a spouse must give his or her wedding ring back to the other spouse when the marriage ends. This is an especially common question with wedding rings that cost thousands of dollars.
If you get divorced, your spouse may demand the wedding ring back. He or she may even claim that it is marital property and must be divided between the both of you. This article will discuss whether a wedding ring is marital property and must be returned in a divorce. It is always best to direct any questions regarding divorce to a qualified Illinois divorce attorney.
Illinois law defines marital property as anything acquired by either spouse during the marriage. If one party obtained ownership of something after the marriage began, it is considered marital property and belongs to both spouses. Assets like cars and houses, therefore, are often divided in a divorce.
Among the many decisions that need to be made during a divorce is how to split parenting time. Parenting time is when a parent has physical custody of his or her child. In Illinois, both parents are entitled to equal parenting time with their child by default. A court will award one parent more parenting time if it is in the child’s best interest.
There are many ways to split parenting time between two divorced parents. This includes dividing holidays and summer vacation with the child. It is not always clear which schedule is the right one for you and your child, however, so consult with an Illinois family lawyer before committing to a parenting schedule.
When two parents get divorced in Illinois they are required to create a parenting plan. This is a document that details how the spouses will parent the child after the divorce. A major part of the parenting plan is the parenting time schedule, which outlines how the spouses will divide the weeks, holidays, and summer vacations with the child.
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