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DuPage County parenting plan attorneyIf you are getting divorced in Illinois, and you share children with your spouse, you will be required to create a parenting agreement or parenting plan. This agreement is a detailed description of how you and your spouse will share parenting duties after your divorce, and it will ultimately become a legally binding court order. The plan also contains important information about the parents’ rights and responsibilities. Forming a parenting plan that both parents agree to is often one of the most difficult aspects of a divorce involving children. If you are a parent who is getting divorced, reach out to a skilled child custody lawyer for help with your parenting plan.

Allocation of Parental Responsibilities

Parental responsibilities refer to what was once called “legal custody” in Illinois. Major decisions about the child’s life, including decisions related to school, extracurricular activities, healthcare, and religion, fall under the umbrella of parental responsibilities. A parenting plan will need to describe which parent is in charge of these decisions. One parent may take on some or all of the decision-making responsibilities, or the parents may share these responsibilities.

Parenting Time Schedules

The time that a parent is directly responsible for the child’s daily needs is called “parenting time.” Parents are free to divide parenting time in a way that works for their unique needs. For example, one parent may take the child on the weekends, while the other parent takes the child during the week. Per Illinois law, the parenting plan must contain either a detailed schedule of how parenting time is allotted between the parents or a method for determining parenting time that is detailed enough to be legally enforceable.  Parents will also need to address how they plan to share parenting time on holidays, school vacations, and in other atypical circumstances.

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Wheaton, IL property division attorneyMost marriages involve division of labor. One spouse may be in charge of grocery shopping and cooking while the other spouse handles homework, soccer practice, or other child-related matters. One spouse may handle lawn maintenance and home repair as the other focuses on laundry and indoor chores. While dividing responsibilities is common in a marriage, there is one way in which this division of labor can put a spouse in a very vulnerable position during a divorce. If you have not been involved in household financial decisions, it is important to start learning about your finances as soon as possible.

Being Ignorant of Your Financial Situation Can Lead to an Unfair Divorce Settlement

In an interview recently published in the Wall Street Journal Magazine, Kris Jenner admitted that she was embarrassingly uninformed about her own finances during her marriage to Robert Kardashian, Sr. She explains that she did not know how much she and her husband spent on household expenses and never once paid a bill. Jenner’s story is not uncommon. Many spouses leave the financial management to the other spouse. Unfortunately, ignorance is not bliss when it comes to finances and divorce, and if you do not fully understand your financial situation, this can put you at a disadvantage when negotiating a divorce settlement.

Start Gathering Financial Documents Now

If you are planning to get a divorce, it is important to know where you and your spouse stand financially. Property that is acquired by either spouse during a marriage is typically considered marital property. Both spouses have a right to an equitable share of marital property. Debts acquired by either spouse during the marriage are also jointly held by the spouses. 

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DuPage County emergency order of protection lawyerThere is no doubt that COVID-19 has touched every aspect of our lives. School children attend classes remotely, businesses are shut down or forced to operate via video conferencing, and many people are unable to visit relatives in hospitals and nursing homes. One way in which the coronavirus may also be impacting Americans is through an increase in domestic violence. Unfortunately, many victims have stayed silent about the mistreatment they have suffered because they are ashamed, they fear retaliation, or they do not know the legal options that are available to them. If you or a loved one are a victim of domestic violence, read on to learn about the legal protections available to you in Illinois.

Quarantine May Make it Harder for Victims to Get Help

Physical, emotional, mental, sexual, and financial abuse often takes place behind closed doors. Abusers frequently use control and manipulation to prevent their victims from leaving or reporting the abuse. When victims and abusers are quarantined in the same home together, the abuse and control may escalate. TIME Magazine reports that police departments are seeing increases in domestic violence cases across the country. In one hospital, wounds that were related to domestic violence from March 11 to May 3 of 2020 exceeded the number of domestic violence wounds from the same time period in the previous two years combined.

Getting Legal Protection Through an Order of Protection

If you or a loved one have suffered physical abuse, harassment, threats, or other forms of domestic violence, you should know that Illinois has laws in place to protect you. You can get an Emergency Order of Protection (EOP) without your abuser’s knowledge. An EOP is available based on your testimony alone. The EOP may require the abuser to move out of your shared home, surrender his or her firearms, stay away from you and your children, stop contacting you, and more. If he or she violates the protection order, he or she may immediately be arrested and face criminal charges.

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Wheaton, IL child support enforcement attorneyAs any parent can tell you, children are expensive. Between education and childcare, housing, groceries, healthcare, and other child-related costs, raising a child without financial assistance from the child’s other parent can be a major struggle. Parents have a moral responsibility and a legal obligation to provide for their child’s needs. Unfortunately, some parents try to evade this responsibility. If you are a single parent, and your child’s other parent is not paying child support, there are steps you can take to get the financial assistance you and your child deserve.   

Establishing a Child Support Order in Illinois

If you and your ex have casually agreed on a child support arrangement, unfortunately, there is not much that the courts can do to enforce this arrangement. That is why it is important for any divorced or unmarried parent to get an official child support order from the court. If your child’s father is not paying child support, but he never signed a Voluntary Acknowledgement of Paternity or otherwise established his legal relationship with your child, you will need to establish paternity before you can get a child support order.

Enforcing an Existing Child Support Order

If you already have a child support order, but your child’s other parent is not abiding by the order, there are several things you can do to assert your right to receive child support. The Department of Healthcare and Family Services Division of Child Support Services (DCSS) is the agency that enforces child support orders in Illinois. You may also be able to enforce the order through the court system. Parents who do not pay child support can face several significant consequences including:

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DuPage County property division lawyer for asset dissipationDivorce can make some people act in irrational or even malicious ways. One example of this is when a spouse purposely destroys the other spouse’s property. A resentful spouse may set fire to the other’s belongings, throw out important documents, or sell valuables for cash. If your spouse has destroyed your property or wasted assets during or immediately prior to your divorce, it is important to take steps to protect yourself and your property. It is also important to educate yourself about your legal options moving forward. You may be able to recoup the value of the destroyed property through a dissipation claim.

Get a Financial Restraining Order to Protect Your Assets During Divorce

If your spouse is intent on seeking vengeance through selling your property, destroying your assets, or emptying joint bank accounts, you need to take immediate action to protect your finances. One option is to request a temporary financial restraining order. This is a court order that prevents both you and your spouse from making unusual financial transactions or significant purchases. A financial restraining order freezes joint accounts and protects marital assets. The order also prevents the spouses from spending, transferring, selling, or hiding funds or property.

A Dissipation Claim May Allow You to Recover the Value of Wasted Assets

If your spouse has already misused, wasted, or destroyed assets, you may still be able to reclaim the value of these assets. Per Illinois law, “dissipation of assets” occurs when a spouse wastes assets during the end of the marriage. More specifically, dissipation involves using assets in a way that only benefits one spouse while the marriage is experiencing an “irretrievable breakdown.” Case law has established that dissipation may involve wasting marital or non-marital assets. A marriage is considered to be in an irretrievable breakdown when the end of the marriage is inevitable, and the spouses have stopped trying to salvage the marriage. Through a successful dissipation claim, you may be awarded a proportionally greater share of the marital estate to compensate you for the wasted or destroyed assets.

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