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DuPage County divorce attorneysIn most types of court proceedings, there is a clear delineation between the plaintiff and the defendant. The plaintiff—sometimes called the claimant—is the party that has decided to take some sort of legal action against the defendant. In a personal injury case, for example, the plaintiff may have filed a lawsuit to recover financial compensation for injuries that he or she believes were caused by the defendant. Likewise, the plaintiff in criminal proceeding—the state—is seeking a judgment of guilt and criminal penalties against a defendant believed to have committed a crime. Technically, a divorce is no different: the spouse that files the divorce petition is considered the plaintiff, making the other spouse the defendant. But, does it really matter which spouse is which?

Different Terminology

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) is a comprehensive compilation of statutes that govern the divorce process in Illinois. The IMDMA generally avoids the use of the terms “plaintiff” and “defendant,” instead using the more neutral “petitioner” and “respondent” in most cases. This highlights the concept that divorce does not need to a highly contentious battle in which there are clear winners and losers.

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Lombard family law attorneysWhile, for some, divorce can completely sever all marital ties, those that share children always share a connection – namely, their child. This is as it should be since, under most circumstances, children benefit greatly from having two loving parents in their lives. Unfortunately, the continued connection between divorced parents is not always a healthy one. Some may still experience contention and other problematic issues, such as parental alienation and visitation interference. The following can help parents cope with such situations, and it provides some valuable insight on your legal rights.

When Contentiousness Abounds

Generally, parents with excessive conflict are encouraged to develop a parenting plan that limits their contact. Of course, as life changes and children grow, the original parenting plan may be difficult to adhere to, even for the most well-intentioned parents. If contentiousness is still an issue when the parenting plan starts to collapse, frustration and stress may reach an all-time high. If left unchecked, this could lead to serious arguments, bitter exchanges, and a child that feels as though they are trapped in the middle. To avoid this all-too-common issue, parents may want to use mediation to renegotiate their parenting plan so they can develop one that works amidst all the changes.

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Posted on in Divorce

dating, dating during divorce, Lombard Family Law AttorneysIf you are going through a divorce, you probably feel that your marriage was over a long time ago. The legal process of divorce may represent little more than a necessary formality so that you can get on with your life. As the proceedings continue, however, you may be inclined to begin a new romantic relationship, one in which you finally feel appreciated and empowered for the first time in quite a while. Of course, you have every right to seek happiness in your post-divorce situation, but until your divorce is finalized, it is probably a good idea to stay out of the dating scene.

Legal Considerations

From the standpoint of Illinois divorce law, there is nothing preventing you from pursuing a new relationship once the process of divorce has begun. If you choose to date, you will need be careful about what assets you may be using to fund your activities, though. Using your own money is fine, but inappropriately spending marital funds prior to the property division process may be considered dissipation, and you may be required to pay it back.

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