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When you file for divorce in Illinois and there are minor children involved, parents have 120 days to file a Parenting Plan with the court. If you and your spouse agree on decision-making for the child, living arrangements, and other critical factors, you can file jointly; where there are areas of disagreement, you will have to file separately. Moreover, there are certain requirements you will need to include in the Parenting Plan. Therefore, it is important to discuss these and other essentials required by law with an Illinois parental responsibilities attorney.
Allocation Regarding Decision-Making
You and the child’s other parent must determine how you will handle the important choices involved with raising him or her. In the Parenting Plan, you must allocate decisions involving education, medical care, and other activities that are critical to your child’s development. You should make sure to cover travel, entertainment, extracurricular activities, sports, and aspects of life that impact your child’s regular routine.
The most common reason for not hiring a lawyer to assist with divorce in Illinois isn not surprising: Many spouses believe they cannot afford legal representation, so they decide to go it alone. You may agree with this position yourself, thinking you can rely on the Internet for assistance with the process. However, attempting to represent yourself in divorce without a legal background is a mistake—similar to trying to fix your car without mechanical training.
Trying to save money on legal representation will likely cost you more in the long run. Hence, you should work with an experienced Illinois divorce lawyer to represent you.
Knowledge of the Law
The Illinois Marriage and Dissolution of Marriage Act covers divorce proceedings, from commencement of the action to the final order of dissolution. The law states the requirements for filing certain documentation, how the court makes determinations on spousal maintenance, factors that impact parental responsibilities and support for minor children, and many other rules that may apply in your case.
Illinois law takes a child’s well-being very seriously, specifically recognizing the right of every child to the physical, emotional, and financial support of both parents—regardless of whether they are unwed, married, divorced, or adoptive.
As many of today’s parents never marry, these different types of support are not as clear-cut as they are when the couple shares a household. Parentage, often termed “paternity,” comes into play in these situations. Both the mother and the father of the child have rights and responsibilities under the law. However, before they attach, it is necessary to legally establish paternity. There are three primary ways of addressing parentage in Illinois.
Legal Presumption
When a married woman gives birth, there is a legal presumption that the father of the child is her husband. The concept also applies if a child is conceived during a marriage, even if the parents divorce prior to the child’s birth. It is possible to overcome the legal presumption if two spouses execute a “Voluntary Denial of Paternity,” which officially makes the husband not the father of the child. In addition, the biological father must sign a “Voluntary Acknowledgement of Paternity” to rebut the presumption.
Partners to a civil union often deal with the same marital issues as any couple, so there can be many questions when the relationship comes to an end. One of the most important aspects to dissolution of a civil union is what happens to minor children, and Illinois law does specifically address parental responsibilities in the Religious Freedom Protection and Civil Union Act. You should discuss the details of your situation with a DuPage County parental responsibilities lawyer, but the following includes answers to some common questions.
How Does the Civil Union Act Apply to Divorcing Couples?
In general, the Act establishes a status that offers all the rights, interests, and benefits of marriage to individuals without regard to their gender. The “civil union” became the legal equivalent of marriage for same-sex couples on Jun 1, 2011.
It may seem like there are “experts” all around you when you share that you are considering divorce. Friends, family, neighbors, and others without a legal background will tell you all about their own experiences. However, it is important to take their advice with a grain of salt: You should only trust a qualified Illinois divorce attorney with these types of proceedings to ensure protection of your legal rights. Look out for some of the most common myths about divorce and steer clear of taking any action based on misinformation.
You Must Win the Race to the Courthouse
There is no advantage if you are the first to file for divorce; both spouses to a marriage have equal rights and obligations under Illinois law. The first spouse to file is not called a “plaintiff” in divorce cases and there are no negative connotations due to the other not being called a “defendant.” The person who initiates the divorce is termed the petitioner and the other is the respondent.
If you are planning to file for divorce in Illinois and have already set up an appointment with a lawyer, you have made a wise decision. Having an experienced attorney on your side ensures protection of your legal rights throughout the divorce process. You can take another step in the right direction by being prepared for the meeting because you will gain the most out of the consultation when you know what to expect. While every case is different, here is a checklist of some of the items you may discuss with an Illinois divorce attorney during your initial appointment.
Issues Related to Children
If you have minor children, you should discuss your current situation and potential plans for raising them post-divorce. Of critical importance to a court is the parental responsibilities and decision-making, living arrangements, and financial support. However, there are other factors to consider, such as tax implications and planning for college. Many of these issues will be addressed in a parenting plan that you must file in court within 120 days of filing your case. Therefore, make sure your lawyer is aware of all issues related to children.
If you are in a situation where you fear for your own safety due to the actions of another person, Illinois law does provide you with options to protect yourself. Sometimes termed a “restraining order,” an order of protection can prevent harm by mandating that an abuser avoid contact or communication with you. It is critical to consult with an experienced DuPage County restraining order attorney about the three different types of orders of protection right away, before any further violence impacts your life.
Emergency Orders of Protection
Under Illinois law, you can obtain an emergency order to protect against violence solely through your own testimony to a judge, without the typical procedural rules that would apply in other cases. You do not have to notify the abuser and he or she does not have to appear in court, when the harm you are trying to prevent will likely happen if proper notice is delivered.
Whether you are caring for a minor child, a developmentally disabled adult, or another person with special needs, certain situations may require you to go through guardianship proceedings to act on that person’s behalf. Illinois law provides for different types of guardianship matters depending on your circumstances.
Guardian of the Person
When a person is appointed the guardian of the person, he or she is responsible for the ward’s support, comfort, healthcare, educational needs, and other matters relating to personal care. The intent of the personal guardian is to aid the ward with guidance on these aspects of life, while also promoting self-reliance and an appropriate level of independence. Typical duties of a personal guardian may include fixing meals, arranging for medical care, reviewing medical records, and procuring necessary services and living accommodations.
Guardian of the Estate
If you are a parent who receives financial support for minor children by court order, you may be familiar with certain Illinois laws that allow you to pursue the payor to enforce payment for amounts due. However, the matter may be more complex if the paying parent lives or has moved to another state.
Federal law includes regulations that may provide you with a legal remedy in certain cases when the other parent fails to abide by child support obligations. It is wise to discuss federal law on child support enforcement with an experienced child support lawyer and understand some of the basics.
Failure to Pay Child Support Obligations: A Crime Under Federal Law
Like Illinois, federal law is tough on parties that fail to pay child support when under a court order to do so: As proof, the law is located under the Crimes and Criminal Procedure section of the United States Code, providing different types of punishment for those who violate support obligations. At the federal level, however, enforcement efforts only apply in situations where the non-paying parent:
Typically, the order finalizing your divorce contains the arrangement for the decision-making, parenting time, and other details regarding raising a minor child. However, it may not be so clear what happens if the residential parent seeks to move. The legal requirements of relocation depend on where the child currently lives and the distance of the new address, so you should discuss the specifics of your situation with an experienced DuPage County parental responsibilities attorney.
Whether the child lives with you or the other parent, it is important to understand the process of relocating a minor child after divorce.
Parent’s Duty to Notify
Under Illinois law, the parent who wants to relocate the child must give written notice of the intent to move to the other parent. This notice, which must also be filed with the court, needs to include the date of relocation, new address, and any other relevant details. The notification must be provided to the non-residential parent at least 60 days before the move.
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