Recent Blog Posts
Do I Need Permission From My Child’s Other Parent to Relocate?
After getting divorced, many individuals will choose to have a fresh start, and for some, this means moving to a new place in a new location. For those going through the major life changes that inevitably come with divorce, this fresh start can be a good way to move forward towards a future that is focused on their happiness. However, for those with children, it may not be that easy. Divorcing couples with children will forever be connected by their shared kids. With parenting time agreements and child support payments, it may feel as if this new beginning may never start. Making the decision to move with your children may be restricted depending on the circumstances, and it is important to avoid violating this restriction as it can lead to serious legal consequences.
What Factors are Considered When Calculating Spousal Maintenance in Illinois?
After deciding to cut ties with your spouse, it can be difficult to imagine a life without them. You may know that divorce is the best decision for you both; however, that does not always mean that the transition is seamless. You experience being truly on your own for the first time since getting married, both emotionally and financially. While the emotional transition can be a rollercoaster of highs and lows, adjusting to a single income can be the most difficult change of all. Maybe you were a one-income household with one parent staying home, or perhaps you both had a steady income. Regardless, getting used to living off one paycheck, while working on the emotional distress that comes with divorce, can be enough to send someone into a spiral. Fortunately, spousal maintenance can supplement your finances if your former spouse has a greater income than you.
What Are My Illinois Parenting Plan Options?
Many people do not realize the number of steps included in the divorce process, and this number only increases when children are involved. While many may think dividing your belongings is the most difficult portion, formulating a parenting plan can often create the most conflict between divorcing couples. Learning to “share” your child with your ex when you do not live together is difficult for every parent. From the outside, it may seem obvious how you should divide the parenting time; however, this can change during the divorce proceedings. Understanding what is included in a parenting plan and what the various options are is a good idea before stepping into your legal meetings.
What Is in My Plan?
There are numerous details included in parenting plans, many of which you may not even think about before they are brought up in court. The first determination that must be made is how you will allocate your parental responsibilities to your children. Will you and your former spouse have shared parenting or will one of you take on all of the parenting responsibilities? If you decide to have shared responsibilities, both parents will have the ability to make decisions for your child. Outlining your rights to medical and health care information and authority is also important. This may be something that you take for granted as a married couple; however, when you divorce you must designate who has access to medical information, who can make these decisions, and who will provide your child with healthcare. Aside from these legal decisions, some co-parents will include parenting guidelines in their plan that lay out the details about how they will raise their children together even if it is under different roofs.
How Can I Prepare For My Pre-Adoption Interview?
Much like physically having your child, there are various tasks that must be completed before your family can grow through adoption. For those who have chosen to adopt, there is a long checklist that is required of them before even getting approval to adopt a child. All adoptions require a home study to be conducted to ensure that the applicants are fit to adopt. The interview portion of the adoption process can determine your eligibility to adopt, making it crucial to be prepared for this step. In order to help prospective parents get approval to find their future child, we have prepared a home study guide for those considering adoption.
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Locate a Provider: Depending on where you are looking to adopt from, the home study process and the available agents vary. Those adopting domestically through an agency may have a home study agent assigned to them that works with the agency themselves. If you are not adopting through an agency or the agency does not have their own representatives, you will need to find a social worker or outside agency that performs home studies. Those adopting internationally will want to search for a provider that is Hague-Accredited. Those with this accreditation follow the U.S. government’s rules for international adoption.
Tips for Divorcing a Spouse With a Substance Abuse Problem in Illinois
Although most people who get married enter into their union thinking it will last “til death do us part,” that is not what statistics show. Approximately 40 to 50 percent of all marriages end in divorce in the United States. There are many reasons that can cause a couple to file for divorce. Issues such as infidelity, financial problems, and drug or alcohol addiction can all put a significant strain on any relationship. Illinois is a no-fault state, which means that a couple must only have “irreconcilable differences” as grounds for divorce. However, when one spouse has a substance abuse problem, this can make the divorce process very challenging. That is why it is essential that you plan ahead and take steps to protect your rights before filing for divorce from an addicted spouse.
Which Type of Adoption Is Best for My Family?
Just like every child and family, every adoption is unique. For those looking to expand their family, there are various avenues that they can take. Making the decision to adopt the beginning of many more large decisions that must be made in this lengthy process. After you have chosen to expand your family through adoption, you must then consider your various adoption outlets. In some cases, adopting parents may be set on one way to adopt their future child. While it is helpful to have an idea of how you wish to adopt, it is important to consider all of your options before diving in — you may be surprised by the adoptive path you decide to follow.
Are Belongings Divided 50-50 in an Illinois Divorce?
During the divorce process, property division can be the most contentious conversation that you and your soon-to-be ex-spouse will have. Not only is it emotionally difficult to discuss divvying up your life together, but it can also reveal sides of your former spouse that you may have never seen before. The division of assets can sometimes feel like a lose-lose situation, especially when you do not think that your previous partner deserves some of your belongings. Having an experienced divorce attorney on your side can help you determine which assets you are willing to give up and which ones are worth fighting for. Without a proper lawyer’s help in states like Illinois, it may feel like you are giving up a lot more than you expected.
How to Avoid Financial Difficulties After Divorce
Divorce rarely comes as a surprise and is often a decision that is made by both spouses after months, or even years, of conflict. Unfortunately, most divorcing couples can see their marriage coming to an end as time goes on. Though this may be difficult to accept for some, most spouses have come to terms with their divorce before contacting an attorney for help. For those who see their marriage coming to a close, it is important to financially prepare for your future. It is no secret that divorce can be an expensive legal process, but with proper preparation, you can be fully prepared for the start of your single life before signing any legal documents.
Re-creating Your Budget
Many families have a budget that they work with on a monthly basis. Whether it is typed up on a spreadsheet or simply an estimate in the back of your head, this budget will have to be revamped for those going through a divorce. This budget may look different during your divorce to accommodate for any legal or court fees that you may incur during the divorce process. Having an idea of a post-divorce budget is a good way to start your new life. In most cases, this budget cannot be nailed down until after you and your divorcing spouse have discussed spousal and child support payments as well as the division of assets.
Prenup vs. Postnup: Should I Consider Signing One?
Many have heard the word “prenup,” but “postnup” has not received nearly as much coverage. Prenuptial agreements are typically discussed in the news as wealthy celebrities tie the knot, yet many have never heard the term postnuptial agreement. In the past, prenups have been “reserved” for the rich and disregarded by the average American. The tides have turned as millennials have changed the average age for marriage. Now that newlyweds have been getting married at a later age, they often have larger savings accounts and more to lose in the instance of divorce. Prenups are a good safety net for any married couple, and postnups have begun to rise in popularity as well. Understanding the difference between the two and knowing their benefits is information that every couple should take the time to learn about before signing on the dotted line.
An Overview of Child Relocation Requests in Illinois
Relocating your family to a new environment can play a role in your divorce proceeding or come up after the ink has dried on your divorce papers.
Although you believe moving your child 500 miles away from where your divorce occurred will be good for them, the court and your child’s other parent may not agree.
In Illinois, the parent with primary parenting time does not need court approval to move with their children if the other parent does not object or the move is within 25 miles of their current residence in Will, Cook, DuPage, Kane, Lake or McHenry counties. For other counties, the limit is 50 miles. Any move outside of those set mile ranges must be filed by written notice and approved by the court.