630-462-9500

After Hour New Client Telephone Number 630-690-6077

1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
Subscribe to this list via RSS Blog posts tagged in DuPage County divorce attorneys

Wheaton high conflict divorce attorneyMarried couples choose to divorce for countless reasons. Sometimes, spouses simply grow apart or realize that it was a mistake to get married in the first place. In these cases, spouses may not want to be married any longer, but they still have a high level of respect and concern for each other. On the other hand, some divorcing spouses are vengeful and combative. Divorces involving infidelity, deceit, domestic violence, or vindictiveness may require a very different approach than more amicable divorces. If you have reason to believe that your divorce might be hostile, you may wonder if there is anything you can do to start preparing yourself now.  

Consider a Guardian Ad Litem

Continuous divorces between parents may involve strong disagreements about child custody and visitation, which are called “the allocation of parental responsibilities” and “parenting time” in Illinois. Illinois courts make decisions in these areas based on what is in the child’s best interests. Unfortunately, some parents may attempt to sway the court’s decision in their favor by misrepresenting themselves or lying about the other parent. In some child custody disputes, a Guardian Ad Litem is assigned to the case to represent the children’s best interests and uncover the true facts of the case. The Guardian Ad Litem may do this by conducting interviews, evaluating parents’ homes and interactions with children, and analyzing financial information. You may want to request a Guardian Ad Litem if you have concerns about your spouse’s parenting abilities or if you want your child to have a specially-trained advocate.

Mediation May Not Be Your Best Option

Some divorcing couples who disagree about property division, child custody, spousal support, or other divorce terms are able to work out a solution to their disagreements through mediation. During divorce mediation, parties agree to work with a qualified mediator, negotiate in good faith, and collaborate with experts in order to reach a resolution. However, if there is a major power imbalance between the spouses, or if a spouse refuses to have reasonable discussions about divorce-related disagreements, mediation may not be a viable choice. It may be better for spouses to consult with their respective attorneys and formulate a divorce strategy personalized to their unique set of challenges.

...

Wheaton divorce attorney for sole child custodyIn 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent major revisions. One of the biggest changes was an update to the language used to describe child custody. Instead of “child custody” and “visitation,” the terms “parental responsibility” and “parenting time” are used to describe parenting duties. Parental responsibilities refers to a parent’s authority to make major decisions about a child’s education, medical care, and other issues involved in their upbringing, whereas parenting time is the actual time that a parent spends caring for the child. Many divorced and unmarried parents split parental responsibilities and parenting time in a shared parenting arrangement, but some situations may require one parent to take on all of the parental responsibilities and/or parenting time.

Illinois Courts Typically Encourage Shared Parenting

Illinois courts usually prefer parenting arrangements that allow both of a child’s parents to be involved in his or her life. However, there are some situations in which a parent may be awarded “sole custody” or sole decision-making authority for a child. Non-custodial parents have a right to reasonable amounts of parenting time, unless there is some reason that the parent cannot adequately provide for the child’s safety and well-being. If a parent is found to be “unfit,” it is possible that the court will award the other parent 100 percent of the parental responsibilities and/or parenting time. If you wish to have all of the decision-making authority and parenting time, you will need to provide evidence to the court which proves that it is in your child’s best interests not to spend time with his or her other parent.

A parent may be considered unfit to have decision-making authority and/or parenting time if he or she cannot adequately complete caretaking tasks and keep the child safe. More specifically, a parent may not be awarded parental responsibilities or parenting time if he or she:

...

DuPage County divorce lawyer irreconcilable differences

If you are considering divorce, you may have heard about the different “grounds” or reasons that a person can give when seeking to dissolve their marriage. Traditionally, these grounds have included an identification of which spouse was at fault for the breakdown of the marriage. Of course, marriages end for a wide variety of reasons, and identifying a specific cause for the failure of the relationship is not always easy. Sometimes, a couple simply grows apart or stops being in love with each other. Updates to Illinois law have now taken this reality into consideration with regard to the grounds for divorce.

Previous Illinois Grounds for Divorce

Before major changes were made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), anyone wishing to get divorced in Illinois would need to identify grounds for their divorce. These grounds included several “fault” grounds which included but were not limited to:

...

Naperville child custody attorney co-parentingWhen a couple decides that their marriage is no longer functioning, and they need to pursue a divorce, the impact of their separation will extend beyond the two individuals. In fact, the emotional trauma of a divorce is often felt most strongly by the children involved. When children hear that their parents are going to separate, they tend to have a number of thoughts go through their head, ranging from why the divorce is happening to who they will ultimately live with.

Understanding the impact that a divorce can have on a child, most divorcing parents will put the needs of their children at the top of their priority list. Many parents ultimately decide to share parental responsibilities. If you believe that co-parenting is the right option for your family, speak with a family law professional regarding what to expect in this next chapter of your life.

Preparing for Shared Parenting

When a couple makes a decision to put the well-being of their children first, they may be able to agree to equally share in parental rights and responsibilities and work together to make decisions about how their children will be raised. In order to successfully navigate shared parenting, there are a number of challenges you should be prepared for. Some of the most important steps you can take as you embark on this new chapter in parenting include:

...

Lombard divorce attorney teenage child custodyFor children, witnessing the breakdown of their parents’ marriage can be an emotionally traumatizing experience. When teenage children are involved in a divorce, it is especially important to consider their feelings and discuss the separation with them. Navigating the academic rigors and social aspects of high school can be difficult enough, and the challenges of adolescence are often amplified during a divorce. Below are a few ways to assist your teenage child through the divorce process.

Steps You Can Take 

Helping your child understand the reasons behind your separation and the necessity for a divorce can be an incredibly challenging dialogue to engage in. Still, when parenting teenage children, it can be wise to have as many conversations as possible. Be sure to consider the following:

  • Discuss Custody: While decisions about child custody and parenting time are made by the parents or, in some cases, by a judge, children’s wishes may play a role in these decisions. It can be highly beneficial to have discussions with your teenage children about what they would like to happen after your divorce. Ensuring that your child will be able to spend significant time with both parents can help to lower any anxiety they may have about the divorce. 
  • Offer Emotional Encouragement: In many divorces, children will blame themselves for their parents’ divorce. These negative thoughts can lead to academic problems, anxiety or depression, and even abuse of drugs or alcohol. Speaking with your child about the reasons behind your separation can be key to helping them understand that they were not the cause of the divorce. 
  • Speak With Other Role Models: As you prepare for your divorce, it is important to inform other figures in your child’s life about the separation. As mentioned above, it is possible that your child may begin to struggle academically or display erratic behavior. Speaking with your child’s teachers, coaches, or other family members can help them understand why your child may be acting differently. 
  • Remain Engaged: While a divorce represents a time of change, your child needs you to remain a strong parental force in their life. Make sure you are giving your child ample opportunities to speak with you about the divorce and what is going on in their life. Maintaining interest in their scholastic, athletic, or extracurricular activities and their day to day interests can help your child understand that you will always be there for them. 

Contact a Wheaton Family Law Attorney 

The divorce process is likely to evoke a wide variety of emotions. When children are involved in your divorce, these emotional struggles can be increasingly tumultuous. Hiring a family law team that you can trust can help alleviate your stress regarding the legal side of a divorce, allowing you to focus on your family’s mental and emotional health. At the Stogsdill Law Firm, P.C., our team is confident in our ability to assist you in navigating all aspects of your divorce. To schedule a meeting with an experienced DuPage County divorce lawyer, call our office today at 630-462-9500. 

...
Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
*
*
*
Back to Top