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Divorcing in Illinois When You Have a Disabled Adult Child
Everyone knows that child custody is a standard part of divorce for couples with small children. However, what happens when you have a disabled adult child with a disability who relies on you both for financial support and care in Illinois? If either of you or both of you have established guardianship, you likely have questions about what will happen to that guardianship when you divorce. If you have not yet established guardianship, now may be the time to consider it, and a DuPage County, IL guardianship attorney can help.
What Goes Into Caring for an Adult Child After an Illinois Divorce?
The first consideration for a disabled adult whose parents are divorcing is to develop a care plan. No one knows your child better than you, and you can best decide how to meet their needs when your daily lives are changing. Some elements to consider when creating a care plan include:
Is Mediation or Litigation Right for You in an Illinois Divorce?
Divorce can seem like a huge undertaking. Some delay the process, fearing it will become a prolonged, bitter fight. However, not all divorces are created equal, and you have options, including mediation, that can smooth the bumpy road and make the process less intimidating for both parties. When you need the court to intervene, you can still have an experienced Arlington Heights, IL divorce attorney on your side to walk you through the legal process and protect your rights.
What Is Divorce Mediation in Illinois?
Under Illinois law, mediation refers to a meeting outside the courtroom where a professional, often an attorney, acts as the mediator between both parties. The mediator's job is to keep the conversation on track toward an agreement about the divisions that must be made during a divorce. Often, the mediator will make helpful suggestions and offer legal routes to compromise that make the process swift and straightforward. Mediation is effective when both parties create a divorce decree and feel their rights were protected and they were not required to overly compromise on important issues.
Should Singles Consider Estate Planning?
When most people think about estate planning, they picture a married couple planning to leave inheritances behind for their children. But estate planning is just as important—maybe even more important—for people who are single. Just because you are not married and do not have children does not mean you do not have people and things you care about. You have a right to decide what will happen to your money, your property, and your health if something unexpected happens to you. When you have not left any instructions for how your property should be handled, laws go into effect that dictate what will happen regardless of what your wishes may have been. To learn more about how estate planning works for single people, speak with an experienced Illinois estate planning lawyer.
Why Is Estate Planning Important for Single People?
If you are single and you do not have a plan in place, your property will be handled according to Illinois law when you pass away. Certain family relationships that are automatically granted a relative’s assets if they pass away intestate, meaning they have no will or other form of expressing how they want their estate distributed after their death. That might mean your things go to some family members you are not close with and it could also mean that some people you care about get nothing at all.
Can I Request a Parenting Plan Modification Due to a New Work Schedule?
Life does not always stay the same after a divorce or parenting agreement is finalized. One common change many parents experience is a shift in their work schedule. Whether you are starting a new job, picking up more hours, or moving to a different shift, you might wonder how this affects your parenting time. Illinois allows you to request a modification to your parenting plan if your new work schedule makes it hard to follow the current arrangement. If you are wondering how parenting plans can adapt, a knowledgeable Illinois family law attorney has answers and can explain your options.
What Is Included In an Illinois Parenting Plan?
A parenting plan is a legal agreement outlining how parents are expected to divide time with the child and share responsibilities. It includes where the child lives, how holidays are spent, and who makes major decisions that impact the child. Once this plan is approved by the court, both parents are expected to follow it. But life changes, and sometimes the plan needs to change too.
Can My Child Choose Which Parent to Live With in Illinois?
In Illinois, child custody decisions are guided by one primary principle: the best interests of the child. Many parents going through a divorce or separation wonder whether their child can choose which parent to live with. While the child's preferences may be considered by the court, they are not the deciding factor.
Understanding how Illinois courts weigh a child’s wishes can help parents better prepare for the custody process. A qualified Illinois family law attorney with experience helping children and parents navigate these decisions can explain more about the type of custody arrangement your family might benefit from.
How Do Courts Consider a Child’s Preference?
Illinois law no longer uses the terms "custody" and "visitation." Instead, it refers to "parental responsibilities" and "parenting time." As part of this broader shift, the law considers several factors when deciding how parental responsibilities are divided among parents. These include the child's needs, each parent’s ability to meet those needs, and yes—sometimes—the child’s own preferences.
Can I Move Away With My Child After My Divorce Is Finalized?
When a parent wants to relocate with their child after a divorce, there can be several questions and concerns. In Illinois, parents cannot simply move out of state or even to another city without going through the proper legal steps, especially when there is a court-ordered custody arrangement in place. Understanding how parental relocation works under Illinois law is crucial for ensuring that your rights—and your child’s best interests—are protected. To learn more, speak with a qualified Arlington Heights, IL family law attorney.
What Is the Legal Process for Parental Relocation?
In Illinois, parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act, which outlines specific rules for when and how a parent can move with their child after a divorce. If a custodial parent wants to move more than 25 miles from their current residence within the state, or if they want to move out of state, they must seek approval from the court.
What Happens to Your Debts When You Pass Away in Illinois?
When someone passes away, it is natural for their loved ones to think about the emotional and financial challenges that may follow. One of the most important things to consider is what will happen to any debts the person leaves behind. In Illinois, as in many other states, debts do not disappear when someone dies. Instead, the deceased person’s estate is responsible for paying those debts before any assets are distributed to heirs.
Understanding how debts are handled can help families make informed decisions during the estate planning process. An experienced Wheaton, IL estate planning lawyer can review your options for addressing your debt after you pass away.
How Is a Deceased Person’s Debt Handled?
In Illinois, when someone passes away, their estate—consisting of all their assets, like property, savings, and investments—is responsible for paying off any outstanding debts. These debts can include things like mortgages, credit card balances, medical bills, and car loans. The responsibility to pay off debts does not automatically fall to the family or the person’s heirs unless they are co-signers on loans or have a legal obligation to pay.
Can a Child Choose Which Parent to Live With in Illinois?
When parents go through a divorce or separation, one of the most emotional parts of the process is deciding where the child will live. Many parents wonder if their child can choose which parent to live with. This is a common question in Illinois family law, but the answer is not as simple as "yes" or "no."
While a child’s wishes may be considered, they are exclusively considered and the child does not have the final say. Instead, the court looks at various factors to decide what would be best for the child. To learn more about how these decisions are made, contact a qualified Illinois family law attorney with experience representing parents in custody cases.
Who Decides What is in the Child’s Best Interest?
Under Illinois law, custody decisions are made based on what is in the best interests of the child. Judges look at several things to figure out what living situation would best serve the child’s needs and interests, including:
How Does Divorce Affect Medicaid Eligibility in Illinois?
Divorce can have significant financial implications, and one area that may be affected is eligibility for Medicaid, the joint federal and state program that provides health coverage to low-income individuals and families. In Illinois, the program offers healthcare assistance to people who meet certain income and asset requirements.
During divorce, several factors, such as asset division and changes in income, can influence someone’s ability to maintain eligibility for Medicaid. Understanding how divorce impacts Medicaid eligibility is crucial for those navigating this process. If you are facing a divorce, speak with a knowledgeable Illinois family law attorney to understand how to protect your rights.
What Factors Affect Medicaid Eligibility After Divorce?
Several aspects of a divorce can influence a person’s eligibility for Medicaid in Illinois:
What Happens If My Ex Ignores Our Custody Agreement?
When parents get divorced, legally separated, or were never married to begin with, they have a custody agreement that outlines each of their responsibilities and rights regarding their child. When one parent refuses to uphold the terms of the agreement, it can create significant stress and conflict. Fortunately, custody agreements are legally binding, so if your ex refuses to abide by yours, a qualified Illinois family law attorney can explain your rights and how you might proceed.
How Can I Address a Violation of My Custody Agreement?
If your child’s other parent is ignoring the terms of your custody order, consider taking the following steps to address the issue: