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What Should You Do if You Are a Victim of Domestic Violence?
According to the Centers for Disease Control (CDC), domestic violence affects millions of Americans every year, with one in five homicides being carried out by the victim’s intimate partner.
It can be hard enough to gather the courage to leave a situation where you are a victim of domestic abuse, and even harder to think about actual legal actions like divorce. If you are reading this and find that you can identify with it, you should know about the options you have to protect yourself and your children. Suffering domestic abuse is a terrible experience that no one should have to go through. An Arlington Heights, IL attorney will walk you through what you can do and fight hard to get you the best resolution for you.
File a Petition for Sole Custody
In the State of Illinois, two parents who share children and are getting a divorce generally will have some sort of shared custody arrangement. What is commonly known as custody is split up into two categories: parental responsibilities (referring to the ability to make important decisions for the child) and parenting time (visitation, or the amount of time a parent is physically with their child).
Making Sense of Child Custody Terminology
Divorce is not something most people think about every day. When a baby is born, the parents generally do not think about how they would continue to care for her if they were to get divorced. In a prenuptial agreement, a couple can make a plan for how they might divide their assets if they end up divorcing later on. But there is no parallel document to plan future custody in the event of a future divorce.
That is why the words describing this topic are not necessarily familiar to everyone. If you are a parent considering a divorce and are trying to make sense of all the custody possibilities, a Lombard, IL attorney can help guide you through the entire process.
What is a Parenting Plan?
Commonly known as a custody agreement, a parenting plan is an outline for divorcing parents that gives details about how they will split up their time with and responsibilities for their children. It shows who is allowed to make important decisions for their children in various situations, including times where there might be some decisions that need to be made by both parents.
What Are the Key Aspects of a Power of Attorney in Illinois?
Sometimes, we face illnesses or disabilities that limit us from making important decisions. But before that happens, you can appoint an individual to handle your crucial choices. As the subject of this arrangement, you are the principal, while the person you select is the agent with power of attorney. There are several types of POA and each includes an in-depth process to ensure the principal's assets and interests are upheld. An attorney can help you understand all these details to reduce risks and ensure that the document remains in your best interest while following the state laws of Illinois.
What Are the Different Types of Power of Attorney?
The principal must determine which type of POA best meets their requirements. Here are a few different powers of attorney that Illinois accepts:
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Healthcare: This POA can make medical and healthcare choices on the principal's behalf when they cannot do so independently.
Preparing for Child Custody Mediation in Illinois
When divorcing parents in Illinois cannot agree on child custody terms, mediation is often legally required before the case can proceed to court. Proper preparation is key to making custody mediation more effective and productive.
Understand the Mediation Process
It is important to understand how child custody mediation operates in Illinois. Mediation involves parents meeting with a neutral, accredited mediator to attempt to negotiate custody and parenting time agreements. The mediator facilitates discussion but does not impose any binding decisions. Conversations during mediation are considered strictly confidential under Illinois law.
Gather and Organize Documentation
Bring any relevant court orders, child custody evaluations, school records, medical records, police reports, and other important documentation that supports your position on custody arrangements to the mediation session. Having evidence available helps mediators fully understand the circumstances when reviewing proposals. Keep copies organized in a binder for easy reference.
Should I Use a Will and a Trust?
When you are gone, you want to ensure that your assets are distributed based on your wishes. Wills and trusts work as crucial estate planning documents for this. While both have the same goal, they differ in many ways. Illinois residents should be aware of these distinctions while making estate planning decisions.
How Are Wills and Trusts Used in Illinois?
A will details the distribution of your property based on your wishes after you pass away. These legal documents also can appoint an executor. An executor controls how your assets are distributed and ensures your intentions are carried out. Some wills also specify guardianship if children are in the picture.
It requires a signature, witnesses, and the proper legal process. The will also must be filed with the probate court. Once the will is stated, it is publicly available for execution and resolving disputes in the future.
A trust allows you to transfer your assets to a trustee. One can also establish a living trust while the grantor is still alive. The trustee manages the trust's assets while following the conditions of the agreement.
Top Mistakes to Avoid When Filing for Divorce in Illinois
Filing for divorce can be an emotionally difficult and complex process. It is important to avoid common mistakes that could negatively impact your divorce settlement. Here are some key mistakes to steer clear of when filing for divorce in Illinois.
Not Establishing Residency
In order to file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This is known as establishing residency. Failing to meet this residency requirement could result in your divorce petition being rejected. Be sure you or your partner have physically lived in IL for the required time period before filing.
Rushing to File the Initial Petition
It is tempting to want to hurry up and start the divorce process. However, it is wise to take your time and consult with an attorney before filing the initial petition. This ensures you understand Illinois divorce laws and how assets, debts, spousal support, and child custody may be impacted. Rushing through the initial filing can lead to mistakes.
Understanding Your Rights as a Father in Illinois Family Court
Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. However, many dads are unaware of their rights or how to assert them effectively. It is beneficial to know about a father’s rights during a child custody case.
Presumption of Equal Parenting Time
Recent changes to Illinois law have established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means courts will generally seek to order a timeshare as close as possible to 50/50 custody or at least “reasonable parenting time" for each parent.
Fathers should not hesitate to request equal parenting time and present arguments about why spending half of the time with dad is best for the kids. Unless evidence shows otherwise, judges will aim for a schedule maximizing the involvement of both parents.
Right to Seek Joint Custody
Mediation vs. Litigation, Which is the Right Choice for Your Divorce?
Divorce is one of the most challenging life events an individual and family can experience. Each spouse must determine how to best handle the dissolution of their marriage. Two primary routes for resolving divorce are mediation and litigation. Knowing the difference between both approaches can empower both parties to protect themselves emotionally and financially.
Why Is Mediation Preferred Over Litigation?
Mediation offers a less combative and more cooperative approach to divorce. A neutral third party, known as a mediator, facilitates discussions between the spouses. The focus is on open communication, cooperation, and finding acceptable solutions. Mediation is beneficial when both parties are willing to work together.
One of the key advantages of mediation is the control it gives to the divorcing couple. Each spouse can create their own personalized agreement instead of a judge. Together they can handle issues such as:
Parenting Plan Tips for Parents Who Work Irregular Hours
Not everyone has a regular weekly work schedule. People who work in the healthcare sector or who are first responders may see their work schedule shifting frequently. The same may be true for workers who are away from home for weeks or days at a time, like long distance truckers. While children tend to thrive on consistency, routine scheduled visits may be impossible when a parent works irregular hours. However, spending time with both parents is likely to be in the child’s best interests even if it means that there will be a shifting schedule. Parents who have frequently changing work schedules or who work unusual hours must take care when creating a parenting plan to ensure that they will be able to enjoy as much time with their child as possible. It is important to work with an attorney who has experience representing first responders and other workers with varying schedules when you are getting divorced or establishing a child custody schedule.
Tips for Co-Parenting During a Pending Divorce
Many parents begin to settle into a pattern after their divorce has finalized and they have a final decree dictating who spends time with the child and when. Conflict may begin to become less heated and less frequent when the divorce has been finalized. However, it is important for parents who are getting divorced to continuously co-parent beginning the day they tell their child about their imminent separation. When divorcing parents work together for the benefit of the child from day one, children may experience an easier transition from living in a two-parent household to seeing each parent separately. Unless there are certain circumstances suggesting that one parent should be excluded from the child’s life, such as cases where one parent has abused the child, your child could likely benefit from you and your soon-to-be ex-spouse planning for successful co-parenting until your divorce has finalized.
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