If you are a parent who is getting divorced in Illinois, you will need to create a parenting plan or parenting agreement. According to Illinois law, parents must file a parenting plan within 120 days of filing for divorce. If they cannot agree on a parenting plan, they may each file their proposed plan separately from the other spouse. Parents who disagree may be able to negotiate a settlement through mediation or with help from their attorneys. If parents cannot reach an agreement, the court may need to intervene.

Parental Responsibilities and Parenting Time

You and your spouse will need to make determinations about child custody, which is now referred to as the allocation of parental responsibilities, and parenting time. Parental responsibilities refers to decision-making authority about children’s medical care, education, extracurricular activities, and religion. Parenting time refers to the days and times that a parent directly cares for the child. 

Creating a parenting time schedule is not as simple as it may initially seem. For example, you and your spouse may decide that one parent will have your child Monday through Thursday, and the other parent will have the child Friday through Monday. However, you will also need to account for issues such as holidays, family vacations, and who should watch the child when a parent cannot fulfill his or her parenting time obligations.  

One of the most significant parts of the divorce process is the division of marital assets and debts. Some divorcing couples are able to reach an agreement about property distribution through attorney-assisted negotiations. Others reach property distribution settlements through an alternative dispute resolution method like mediation or collaborative law. When a property distribution agreement cannot be reached, the case may go to trial. Complex assets such as investments, small businesses, and professional practices are often especially difficult to quantify and divide during divorce. If you are a doctor, accountant, or other professional, and you own your own practice, you should understand how the decisions about this practice may impact your divorce.

Determining the Identity of a Professional Practice

If there is not a valid prenuptial or postnuptial agreement that addresses ownership of a professional practice, the practice may be subject to division during divorce. Illinois courts divide marital property using a legal theory called “equitable distribution.” Only marital assets, or assets that were accumulated during the marriage, are subject to division. If you opened your professional practice during your marriage, the practice is almost certainly considered marital property.

Non-marital property, meaning property that was acquired before the marriage, is typically not subject to division. According to these general rules, a professional practice that an individual opened before tying the knot would be classified as non-marital property and therefore not subject to division during divorce. However, your practice may still be classified as marital property even if you owned the practice before you got married. For example, if your spouse made significant contributions to the practice, or if marital funds were used to finance the practice, it is possible that the practice will be considered part of the marital estate, regardless of when it was established.

If you have been the victim of domestic violence or you have reason to believe that a family or household member may become physically violent toward you or your children, there are legal actions you can take to protect yourself and your kids. A protection order or “restraining order” is a court order that prohibits a person from contacting or coming within a certain distance of another person. If the subject of the protection order violates the order, he or she faces immediate arrest and possible criminal charges. Obtaining an emergency order of protection is often the first step in leaving an abusive spouse or escaping an abusive family member.

How Does an Emergency Order of Protection Work?

Protection orders are used to protect against abuse, stalking, or harassment from former or current spouses, partners, roommates, or family members. An Emergency Order of Protection (EOP) can be customized to your particular situation. Your EOP may prohibit the abusive person or “respondent” from:

If you are planning to divorce, you will need to make decisions about issues such as asset and debt division, child custody, spousal maintenance, and more. Reaching an agreement about these issues can be nearly impossible without the help of an attorney. Collaborative law is one option that may help you resolve divorce issues. During a collaborative divorce, spouses and their attorneys work together to find mutually-agreeable solutions to the unresolved issues and avoid going to trial.

How Does Collaborative Divorce Work?

In a collaborative divorce, both spouses retain attorneys who are trained in collaborative law. First, each spouse meets with his or her attorney to identify the unresolved issues and discuss their desired outcomes. Next, the spouses and their respective attorneys hold a series of meetings during which they negotiate divorce issues and discuss possible solutions.

One of the most unique aspects of collaborative divorce is the use of a “collaborative agreement” or “participation agreement.” This is an agreement that every participant signs before negotiations begin. In the agreement, the spouses promise to negotiate in good faith, disclose any information or documentation relevant to the negotiations such as tax returns or mortgage documents, and maintain confidentiality. The participants also agree to keep the case out of court. If the collaborative process does not result in a settlement, and the case goes to litigation, the attorneys may not represent the spouses during the divorce trial. The spouses will need to hire new attorneys and bring those attorneys up to speed about the unresolved divorce issues.  

If you are a grandparent, you know just how special the relationship with your grandchildren can be. However, when a grandparent’s relationship with their adult child is complicated, they may worry about how this will affect their relationship with their grandchild. Illinois law recognizes the positive impact many grandparents have on their grandchildren’s lives. Because of this, there are certain situations in which grandparents may be granted legal visitation with their grandchild.  

Illinois Law Regarding Grandparent Visitation

Grandparents often question what their rights are when it comes to seeing their grandchild. Typically, parents have the right to restrict a non-parent’s access to their child. There is a presumption that a child’s parents are “fit” or capable of making sound decisions about their child - including decisions about who the child spends time with. However, a grandparent may petition the court to request mandatory visitation with their grandchild under certain circumstances.

The court may grant you visitation with your grandchild if you can demonstrate that: