Tag Archive for: chicago divorce law

Chicago Divorce Lawyer: Answering Your FAQs

With the U.S. ranking 10th in the highest divorce rates worldwide, many couples may find themselves navigating this complex process. Divorce laws in Illinois have specific considerations that require careful attention to ensure your rights are protected and the process moves as smoothly as possible.

Whether you are just beginning to think about divorce or are already in the middle of the proceedings, understanding the legal landscape can make a significant difference in the outcome of your case. In this blog, we’ll answer some of the most frequently asked questions about divorce in Chicago, helping you better understand what to expect during this challenging time.

1. What Are the Grounds for Divorce in Chicago?

In Illinois, the sole grounds for divorce are irreconcilable differences. This legal term means the marriage is no longer working and cannot be repaired. One of the key benefits of this system is that you don’t need to prove specific reasons for the breakdown of the marriage, such as infidelity or domestic abuse, to obtain a divorce. Instead, Illinois law allows couples to end their marriage without assigning fault to either party, making the process less contentious.

Since Illinois became a no-fault divorce state in 2016, proving wrongdoing is no longer a requirement for divorce. To file, at least one spouse must have lived in Illinois for at least 90 days. Additionally, if you and your spouse have been living apart for six months or more, the court will automatically presume irreconcilable differences, further simplifying the process.

2. What Is the Process of Filing for Divorce in Chicago?

The divorce process in Illinois starts with filing a Petition for Dissolution of Marriage in the appropriate court. One spouse (the petitioner) files the petition, and the other spouse (the respondent) is served with divorce papers. Here’s a breakdown of the divorce process in Chicago:

  • Step 1: Filing the Petition: The petitioner files and pays a filing fee.
  • Step 2: Serving the Petition: The respondent receives the divorce papers.
  • Step 3: Response: The respondent files an answer to the petition, agreeing or contesting the terms.
  • Step 4: Discovery: Both parties exchange financial information and other relevant documents.
  • Step 5: Negotiations: The parties may negotiate a settlement regarding asset division, spousal support, child custody, etc.
  • Step 6: Trial: If an agreement cannot be reached, the case goes to trial, where a judge makes final decisions.

3. How Are Assets Divided in a Chicago Divorce?

Illinois follows the principle of equitable distribution when dividing marital property. Equitable doesn’t necessarily mean equal, but rather what is fair based on several factors, such as:

  • Length of the marriage.
  • Each spouse’s financial contributions and needs.
  • Value of non-marital property.
  • Any agreements between the spouses, such as a prenuptial agreement.

Understanding the distinction between marital and separate property is key. The marital property encompasses assets acquired during the marriage, regardless of which spouse’s name is on the title. This includes income earned, real estate purchased, and investments made during the marriage. Marital property is generally subject to division between the spouses during divorce proceedings.

In contrast, the separate property comprises assets acquired before the marriage or received as gifts or inheritances during the marriage but designated as separate. These assets typically remain with the individual who owns them and are not subject to division. Recognizing and understanding the differences between the two is crucial for a fair and equitable distribution of assets during the divorce process. Working alongside a divorce attorney can help you protect your rights and interests.

4. How Are Parental Responsibilities Determined in Chicago?

Child custody, referred to as parental responsibilities in Illinois, is one of the most challenging aspects of a divorce. The courts prioritize the child’s best interests when making their determinations, considering factors such as:

  • The child’s relationship with each parent.
  • The child’s adjustment to their home, school, and community.
  • Each parent’s ability to provide for the child’s needs.
  • The child’s wishes, depending on their age and maturity.

Illinois law encourages both parents to share in parental responsibilities whenever possible. A parenting plan must be submitted either jointly by both parents or individually, outlining decisions regarding the child’s education, health care, religion, and living arrangements.

5. What Is Spousal Support (Alimony) in Chicago?

Spousal support, or maintenance as it’s called in Illinois, is not automatic in every divorce. The court considers several factors when deciding whether to award maintenance, including:

  • The length of the marriage.
  • The financial resources of each spouse.
  • Each spouse’s earning capacity and needs.
  • The standard of living is established during the marriage.

In longer marriages or when one spouse has sacrificed career opportunities to support the family, spousal support may be more likely. The amount and duration of maintenance are calculated based on state guidelines. For marriages lasting 20 years or more, spousal support can be awarded indefinitely.

6. Can a Divorce Be Settled Outside of Court?

Many divorces are resolved through alternative dispute resolution (ADR) methods such as mediation or collaborative divorce. These approaches allow couples to settle their differences without needing a courtroom trial.

Mediation involves a neutral third party who facilitates discussions between both spouses, helping them negotiate and reach an agreement on the terms of their divorce. Collaborative divorce is a process where each spouse works closely with their attorneys to negotiate and settle matters cooperatively. These methods can be especially beneficial when children are involved, as they often lead to more amicable solutions that prioritize the entire family’s well-being.

Divorce attorneys may encourage couples to pursue ADR because it fosters better communication and cooperation. It also helps create a more constructive and less adversarial environment for resolving key issues such as asset division, spousal support, and parental responsibilities.

7. How Long Does It Take to Get Divorced in Chicago?

The duration of a divorce in Chicago can vary significantly based on several key factors. Understanding these factors can help set realistic expectations during this challenging time:

Overall, while uncontested divorces may wrap up within a few months, contested divorces can take six months to over a year to finalize. It’s essential to consult with an experienced divorce attorney to understand your situation and the potential timeline for your divorce in Chicago.

Why Should I Work With a Chicago Divorce Lawyer?

While it is possible to represent yourself in a divorce, it can be risky, especially if the case involves complex financial assets or spousal support. Consulting with an experienced Chicago divorce attorney is essential to help protect your rights. At Masters Law Group, our skilled divorce and mediation attorneys are fully equipped to advocate for you and your family. Here’s how we can help:

  • Experienced Mediators: Erin E. Masters is an approved Mediator for the Cook County Domestic Relations Division and provides private mediation services. Our mediation team has extensive experience in family law and excels at facilitating productive discussions between divorcing spouses, helping them reach amicable resolutions.
  • Seasoned Litigators: When your case requires courtroom representation, a skilled litigator from our firm will effectively present your case before the judge. We meticulously prepare legal arguments, gather evidence, and develop strategies to help ensure the most favorable outcome for you.
  • Conflict Resolution: Our attorneys strive to achieve conflict resolution, focusing on finding peaceful, fair solutions for both parties while prioritizing the well-being of any children involved.
  • Protecting Your Interests: At Masters Law Group, we help protect your legal rights and children’s best interests throughout the divorce process.

Our senior attorneys, Erin E. Masters, and Anthony G. Joseph, are recognized leaders in the field, having been honored by respected publications, including Best Lawyers, Super Lawyers, and Leading Lawyers. This highly esteemed recognition provides you with trustworthy guidance during your divorce process.

Final Thoughts

Divorce is never easy, but having a clear understanding of the legal process can help reduce the stress, uncertainty, and emotional toll. At Masters Law Group, we approach each case with personalized care, helping you be supported and informed at every stage.

With our deep knowledge of Illinois family law and a commitment to compassionate representation, our goal is to help you navigate your divorce as smoothly as possible. Contact us today to schedule your complimentary consultation and learn how we can assist you.

What to Expect: Spousal Support and Alimony in Illinois

Divorce is a life-altering event that can bring significant changes, not just emotionally but financially as well. One of the most crucial aspects is alimony—known as “spousal maintenance” in Illinois. This process provides financial support to a spouse during and after a divorce. 

 Whether you’re paying or receiving, understanding the details of spousal support is essential. With the guidance of an experienced DuPage divorce attorney, you can confidently navigate these challenges. Here’s what you need to know.

Understanding Spousal Support in Illinois

Spousal maintenance in Illinois is based on a simple principle: one spouse’s need for support and the other spouse’s ability to pay. However, the specifics can vary depending on whether the support is temporary or long-term. The goal of alimony is to help the lower-earning spouse maintain a lifestyle similar to what they had during the marriage. Illinois law provides for several types of spousal support:

  1. Temporary Support: This is awarded during the divorce proceedings and is designed to help the recipient spouse maintain financial stability until a final divorce decree is issued.
  2. Fixed-Term Support: This type of support is awarded for a set period and is often used in cases where the recipient needs time to become self-sufficient, such as pursuing education or re-entering the workforce.
  3. Reviewable Support: This support is awarded for a specific period, after which it is subject to review. The court will reassess the situation to determine if continued support is necessary.
  4. Indefinite Support: This type of support may be awarded in cases where the recipient spouse cannot achieve self-sufficiency due to age, illness, or disability.

How is Spousal Support Determined?

Illinois courts consider several factors when determining whether to award spousal support and, if so, the amount and duration. Some of the key factors include:

  • Duration of the marriage: Longer marriages are more likely to result in spousal support awards, especially when spouses have a significant income disparity.
  • Income and property of each spouse: The court examines their financial situation, including income, property, and earning potential.
  • Standard of living: The court considers the standard of living established during the marriage and aims to ensure that both spouses can maintain a similar lifestyle post-divorce.
  • Age and health: Both spouses’ age and physical condition determine the necessity and duration of support.
  • Contributions to the marriage: The court also considers non-financial contributions, such as homemaking and child-rearing.
  • Future earning capacity: The court may consider both spouses’ potential earning capacity, including any sacrifices made by one spouse to further the education or career of the other.

Modifying or Terminating Spousal Support

The duration of spousal support in Illinois is typically based on the length of the marriage. Illinois law has a formula to help determine the duration of support. This formula can be calculated as a percentage of the number of years the marriage lasted. For example, a marriage that lasts less than five years may result in spousal support equal to 20% of the length of the marriage.

However, the court has discretion to adjust this duration based on the unique circumstances of each case. Spousal support orders are not necessarily permanent. In Illinois, spousal support can be modified or terminated under certain conditions, such as:

  • Change in financial circumstances: If either spouse experiences a significant change in financial circumstances, the court may modify the support order.
  • Cohabitation: If the recipient spouse begins cohabitating with another person in a marriage-like relationship, the paying spouse may seek to terminate the support order.
  • Remarriage: If the recipient spouse remarries, spousal support typically terminates automatically.

How Masters Law Group Can Help

Divorce is a complex and emotionally charged journey that requires assistance from a seasoned divorce attorney. At Masters Law Group, our experienced DuPage divorce attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some crucial areas where we can help guide you:

  • Personalized Legal Advice: We understand that every divorce case is unique. We provide personalized legal advice tailored to your circumstances to help protect your rights and best interests.
  • Negotiation and Mediation: Our skilled attorneys are experienced in negotiation and mediation, helping you reach a fair and amicable spousal support agreement without needing contentious court battles. 
  • Court Representation: If your case goes to court, you can rely on our attorneys to represent you with tenacity and professionalism, presenting a compelling case on your behalf.
  • Post-Divorce Modifications: Life changes, and so can spousal support orders. Whether you need to modify or terminate an existing support order, we can guide you through the process and advocate for your needs.

Working alongside a DuPage divorce attorney, you can confidently navigate the complexities of divorce and reduce the stress associated with the process. Your rights and the well-being of your family are our top priorities.

Final Thoughts

Spousal maintenance is a critical aspect of divorce that can significantly impact your financial future. Understanding what to expect and having the right legal representation is essential to help ensure a fair outcome.

At Masters Law Group, our family law attorneys can help protect your rights during this challenging time. With a focus on helping clients in DuPage County and beyond, our practice is committed to providing a comprehensive suite of services to support parents, children, and families during challenging periods like divorce.

Contact our DuPage divorce attorneys today and schedule your complimentary consultation.

How a Divorce Attorney Can Help Achieve Peace

Divorce can be one of life’s most challenging and emotionally taxing experiences. However, it doesn’t have to be a battleground filled with anger, resentment, and endless legal battles.

A peaceful divorce is possible if both parties are willing to work together and prioritize communication, compromise on conflicting preferences, and focus on the emotional well-being of their children. Here, we will explore tips to help you achieve a harmonious divorce, all with the guidance of a seasoned divorce attorney. Here’s what you need to know.

Maintain Open and Honest Communication

At the heart of any peaceful divorce lies open and honest communication. Both partners must work together to communicate their feelings, concerns, and expectations. Doing so can help establish a foundation of trust and clarity that goes a long way in preventing misunderstandings and unnecessary conflicts.

Consider involving a mediator, therapist, and/or divorce attorney if you encounter difficult conversations or find communicating challenging. These professionals can provide guidance and a neutral environment to facilitate productive discussions, ultimately helping both parties work towards fair and mutually agreeable resolutions.

Remember that a commitment to open and honest communication benefits you and your ex. It creates a more stable and supportive environment for any children involved, as they can witness healthy conflict resolution and cooperation during a challenging time.

Consider Mediation

Opting for mediation instead of a traditional courtroom battle can significantly reduce stress and promote cooperation. The mediator’s role is to facilitate the negotiation process, help both parties understand each other’s perspectives, and explore alternative options for resolving disputes. The mediator does not make any decisions for either party but instead reinforces they have equal opportunities to voice their opinions and arrive at a mutually agreeable outcome.

Mediation can be an effective option for couples willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce. A divorce attorney can represent you during these processes, working to reach a fair and mutually acceptable settlement with your spouse. 

Prioritize the Well-being of Your Children

If you have children, their well-being should be your top priority. Maintain a united front when it comes to co-parenting decisions. Create a comprehensive parenting plan that outlines responsibilities, schedules, and guidelines. Keep children out of adult conflicts and reassure them of your love and support.

Whether it’s parenting time, asset division, or spousal support, your divorce attorney will help that your voice is heard and that the court’s decision is fair and aligned with your best interests. Furthermore, during court proceedings, your divorce attorney can address unexpected challenges and legal objections and help ensure that all legal procedures are followed diligently. 

Their presence in court assures you that you have a dedicated legal professional fighting on your behalf, helping you navigate the complexities of the judicial process during an emotionally challenging time.

Seek Emotional Support

Going through a divorce can be emotionally challenging for everyone involved. It’s vital to recognize the emotional toll it can take and take proactive steps to seek emotional support. You can turn to friends family members, or consider getting help from a therapist to assist you in coping with the stress and grief that comes with the divorce process. Prioritizing your mental and emotional well-being is a fundamental aspect of achieving a peaceful divorce.

Letting go of anger and resentment is a cornerstone of a peaceful divorce. Instead of harboring feelings of revenge or striving to “win” the divorce, focus on achieving fairness and equity for both parties. Getting the help of an experienced divorce attorney can help you further embrace these principles and lead to a more constructive and less acrimonious divorce process.

Work With A Divorce Attorney

If you’re currently residing in Illinois and seeking a divorce attorney to assist you in finalizing your divorce, Masters Law Group is here to provide the support you need. Our team of experienced divorce attorneys and mediators is fully prepared to advocate for you and your family.

Erin E. Masters and Anthony G. Joseph have consistently earned recognition from esteemed publications year after year, a testament to their unwavering work ethic, strong character, and experience in family law. Our track record of success reassures you have a trustworthy ally throughout your divorce proceedings.

GOOGLE REVIEWS AND CLIENT TESTIMONIALS

We believe each client deserves a legal team willing to go the extra mile. We will always provide honest advice and guidance on all matters related to your case.

Client Reviews:

“ Masters Law Group was incredibly helpful with my divorce. Erin and Anthony were a pleasure; they were very responsive, efficient, and very knowledgeable. I always felt that my case was in good hands, and it was a relief to trust them with the process. I highly recommend Masters Law Group to anyone needing help with a family law matter.”

-Luz G.

Divorce Client

 

“I highly recommend Masters Law Group. This was a very long and drawn-out divorce. Still, Erin and Anthony always seemed to be one step ahead of the opposing counsel, and nothing was a surprise, only anticipated with appropriate protections in my favor. I was able to finalize my divorce on favorable terms and am very happy with the outcome. I can’t thank Erin and Anthony enough for their patience, understanding, and expertise throughout this difficult time.”

-Giancarlo B.

Divorce Client

Final Thoughts

A peaceful divorce becomes achievable when both parties commit to open communication and cooperation—placing the well-being of all involved, especially children, at the forefront. Keep in mind that divorce is a journey, and with the right mindset and support, you can navigate it to pave the way for a brighter future for everyone.

If you’re ready to begin your journey toward a peaceful divorce, contact us today to schedule your complimentary consultation.

Navigating International Divorce

International divorce has become prevalent in our ever-connected world. Unraveling the intricate divorce web when it spans borders can be an emotional rollercoaster. If you are facing separation while living overseas, here’s what you need to know. 

The Hague Convention on Private International Law provides a comprehensive framework designed to tackle the legal complexities of these cases. 

Understanding the Hague Convention

The Hague Convention on the Recognition of Divorces and Legal Separations, commonly known as the Hague Divorce Convention, is an international treaty that establishes a legal framework for recognizing divorces and separations across different countries. The Convention was signed on June 1, 1970. Its main objective is to provide clarity in resolving conflicts of law and jurisdictional matters in international divorce cases.

The law is fundamental as the legal systems for divorce or separation can vary. The Hague Divorce Convention applies when a couple from different countries ends their marriage or obtains legal separation. It aims to ensure the divorce or separation is recognized and enforceable in the country where it was granted and in other countries that are party to the Convention. Let’s look at the aspects addressed by the Hague Divorce Convention in international divorce proceedings.

Jurisdiction and Applicable Law

The Convention provides rules and criteria to determine which country’s court has jurisdiction over divorce or separation. Establishing clear guidelines helps avoid conflicts and uncertainties that may arise when multiple countries could claim jurisdiction over a case—establishing a process for identifying a divorce or separation granted in one country as valid and legally effective in another country that is a party to the Convention.

This facilitates the implementation of the rights and obligations arising from the divorce or separation, such as:

  • Property Division.
  • Child Custody.
  • Spousal support across international borders.

The Hague Divorce Convention requires participating countries to establish central authorities for receiving and processing requests to recognize legal separations. These central authorities serve as contact points between individuals seeking recognition of their divorce or separation in other countries.

It’s important to note that not all countries are party to the Hague Divorce Convention. Therefore, its provisions may not apply in certain jurisdictions. Couples considering an international divorce or legal separation should consult with a divorce attorney familiar with Hague Divorce Law to understand the specific requirements and procedures applicable to their situation.

Central Authorities and Communication

Under the Hague Convention, each participating country designates a Central Authority. The Central Authorities act as intermediaries between the parties and authorities in different countries to ensure effective communication. One of the primary functions of the Central Authorities is to assist in locating parties involved in an international divorce case.

They help individuals identify and contact the appropriate authorities in the country where the divorce or legal separation was granted or is being sought. This is particularly important when one party resides in a different country—making effective communication channels between the relevant jurisdictions essential. 

Child Custody and Visitation

International divorces often involve child custody and visitation issues. The Hague Convention on the Civil Aspects of International Child Abduction can provide guidelines for resolving these issues. Its primary objective is to protect the child’s best interests and establish cooperation between countries to enforce custody orders effectively.

The Hague Convention addresses child custody and visitation disputes in international divorces. It aims to protect the child’s best interests and promote cooperation between countries to enforce custody orders effectively. The Convention establishes guidelines for resolving international child custody disputes, considering factors such as the child’s habitual residence. Participating countries cooperate to determine jurisdiction and enforce custody orders made by applicable laws.

Parents involved in international child custody disputes should seek legal advice from international family law attorneys to navigate and ensure the child’s best interests are upheld. The Hague Convention does not dictate specific custody arrangements but provides a framework for prioritizing the child’s well-being. If a parent unlawfully removes a child violating a custody order, the Convention can ask for a prompt return to the child’s habitual residence.

Challenges and Limitations

While the Hague Convention on the Recognition of Divorces and Legal Separations provides a valuable framework for resolving international divorce matters, it is essential to acknowledge it has limitations. Although the Convention has set guidelines, countries may have legal systems and cultural perspectives that can change their performance. This results in variations of how the way is implemented, leading to difficulties in these cases. These challenges can occur due to variations in convention interpretation.

Another challenge lies in differences in legal systems and procedures among participating countries. Each country may have specific laws for divorce, legal separation, and child custody. These differences can affect jurisdiction, enforcing custody orders, and ensure the child’s best interests. Seeking guidance from legal professionals in international family law is crucial to effectively navigate these challenges and provide the best possible outcome in international divorce cases.

Working With an International Divorce Attorney

When navigating an international divorce, it is highly recommended to seek the assistance of an attorney with experience handling such cases. An international divorce attorney possesses the knowledge and understanding necessary to navigate the complexities and unique challenges in cross-border divorce proceedings.

At Masters Law Group, our attorneys have experience with international divorces and are well-versed in the legal frameworks of international family law. This experience and knowledge allow them to provide valuable guidance on how these legal instruments may apply to your specific situation.

Last Thoughts

International divorce cases can be intricate, involving a comprehensive understanding of the legal framework and potential hurdles. By familiarizing yourself with the Convention and seeking legal advice, you can navigate international divorce with confidence and clarity. At Masters Law Group, we are here to assist you. Take the first step towards resolving your international divorce by scheduling your complimentary consultation with us today.

 

4 Common Misconceptions About Family Law

Family law matters can be emotionally and mentally draining. Misconceptions about family law can further complicate the process and cause unnecessary misery for all parties involved.

Getting (and giving) bad advice is an unfortunate part of life. While the giver of the advice most probably only means well, they could be sabotaging a case legally without even knowing it.

Gain clarity and confidence in approaching family law matters, including divorce, by debunking the four most common misconceptions below. Here’s what you need to know.

MISCONCEPTION #1: IF MY SPOUSE CHEATED ON ME, THEY WILL AUTOMATICALLY GET LESS PARENTING TIME.

Illinois courts take into account various factors when making custody and parenting time decisions. All of these factors include the best interests of the child. While it can be easy to assume that infidelity will sway the court’s decision, it is important to understand that this is not necessarily the case.

The court is more likely to focus on issues like communication and the child’s relationship with each parent. Working with a professional family law attorney will help you in the long run. The court’s ultimate decision is in the best interests of your child.

MISCONCEPTION #2: THE MOTHER ALWAYS GETS PRIMARY CUSTODY OF THE CHILDREN

In Illinois, the court will consider various factors to determine what is in the child’s best interests. Some of the factors that the court may consider include:

  • The child’s age and physical and emotional needs
  • The living situation of each parent, including the child’s relationship with each parent and the home environment
  • Each parent’s ability to provide for the child’s needs, including financial and emotional support
  • The child’s adjustment to their school, community, and home life
  • The mental and physical health of the parents and the child
  • Any history of domestic violence or substance abuse in the household

In addition, the court may consider the child’s wishes if they are mature enough to express them. This generally applies to older children or teenagers, who may have a better understanding of their preferences and needs. It’s important to note that parents can create their custody agreement, which the court will review to ensure that it is fair and in the child’s best interests. This can be a less adversarial approach and can give parents more control over the outcome of their custody arrangement.

Custody decisions are complex and require careful consideration of various factors. Consulting with an experienced family law attorney can help you understand your options and make informed decisions about your child’s custody arrangement.

MISCONCEPTION #3: I WILL BE DIVORCED SOON AFTER I FILE.

In Illinois, an uncontested divorce can be granted without a waiting period as long as residency requirements are met. However, a contested divorce typically requires a six-month waiting period before it can be finalized. The duration of the divorce process in Illinois varies. Here are some of the potential factors:

  • The complexity of the case
  • The willingness of the parties to cooperate
  • The court’s caseload.

It’s important to note that the process can take longer than six months. Especially if there are significant disagreements between the parties involved. However, working with a family law attorney can help expedite the process and ensure your rights and interests are protected. An attorney can also guide options such as mediation or collaborative divorce to help resolve disputes more efficiently.

MISCONCEPTION #4: I HAVE TO GO TO COURT TO GET DIVORCED.

While some divorces may be litigated in court, alternative methods of dispute resolution are also available. These methods are used to reach a divorce settlement without the need for a court trial. Divorce Mediation is one of the most commonly used methods.

Mediation involves working with a neutral third-party mediator who can help facilitate negotiations between you and your spouse to settle. This approach includes working with your attorney, financial experts, or a mental health professional, to reach a mutually beneficial settlement. Overall, mediation can potentially be a less expensive and less time-consuming approach than going to court. 

FINAL THOUGHTS

Dealing with family law matters like divorce, child custody and parenting time can be emotionally and mentally challenging. However, having a clear understanding of the facts can make the process less daunting. If you are going through a family law issue, it’s important to consult with an experienced family law attorney. They can help guide you through the process and protect your rights.

At Masters Law Group, our award-winning attorneys and law firm have a long history of helping clients successfully navigate through various family law issues.  Our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.. 

Contact us here today.

Navigating Parental Responsibilities: A Q&A Guide

No one starts a family of their own thinking it will end in separation. However, parental rights and responsibilities are part of mothers’ and fathers’ role as their children’s caretakers after separation as much as it was prior. If you’ve got questions regarding parental responsibilities in Illinois, here’s what you need to know in 2023. 

Married or not, raising a child is a complex and challenging task, and the responsibility of ensuring a child’s well-being falls on the shoulders of the parents

However, in the event of a separation or divorce, the allocation of parental responsibilities can become a source of confusion and disagreement. This blog is an essential resource for parents going through separation or divorce in Illinois. Below, we will cover common questions about parental responsibilities and allocation during these events.

Here’s what you need to know.

Q: What is considerd “parental responsibility?”

A:Parental responsibility is a set of rights and duties that a parent or a legal guardian has towards their children. Usually, parental responsibility includes both ‘parenting time’ and ‘decision making’.

Q: What is Allocation of Parental Responsibilities?

A: There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

Q: What is the process for allocating parental responsibilities in Illinois?

A: The process for allocating parental responsibilities in Illinois begins with the filing of a petition for allocation of parental responsibilities by one of the parents. The court will then conduct a hearing to gather information. From here, they will make a decision based on the best interests of the child. Both parents will have the opportunity to present evidence and testify. The court may also appoint an attorney for the child or a guardian ad litem to represent the child’s interests.

Q: What are the factors considered by the court in Illinois when allocating parental responsibilities?

A: In Illinois, the court will consider a number of factors when allocating parental responsibilities, including the child’s needs, the relationship between the child and each parent, and each parent’s ability to provide for the child’s needs. The court will also consider the following:

  • History of abuse or neglect
  • The child’s own wishes, if they are old enough to express them.

Q: What is the difference between legal custody and physical custody in Illinois?

A: In Illinois, legal custody refers to the right to make decisions about the child’s upbringing, such as decisions about education and healthcare. Whereas physical custody is based on where the child lives and who is responsible for the child’s day-to-day care. 

In many cases, the court will award joint legal custody to both parents. Meaning both parents have equal rights and responsibilities when it comes to making decisions about the child. Physical custody can be awarded either on a joint or sole basis. The court will rule in the best interests of the child.

Q: Can a parent’s allocation of parental responsibilities be modified after the initial court order in Illinois?

A: Yes, a parent’s allocation of parental responsibilities can be modified after the initial court order in Illinois if there has been a significant change in circumstances. This could include the following:

  • A change in the child’s needs.
  • A change in one parent’s living situation or ability to care for the child.
  • A change in the child’s relationship with one of the parents. 

Q: What happens if one parent is deemed unfit to have parental responsibilities?

A: If a parent is deemed unfit to have parental responsibilities, the court may award sole custody to the other parent or to a third party, such as a grandparent. This may be the case if a parent has a history of abuse, neglect, or substance abuse, or if they are unable to provide for the child’s needs. The parent’s rights and responsibilities may be limited, but they may still have the right to visit the child.

Q: Are grandparents’ rights taken into consideration in Illinois when allocating parental responsibilities?

A: Yes, grandparents in Illinois can petition for certain rights, such as visitation rights, if they have an existing relationship with the child and the court finds that it’s in the child’s best interests.

Next Steps To Consider

Protect your children’s interests during a separation or divorce by taking these steps:

  1. Establish legal custody: Legal custody determines who has the authority to make decisions about the child’s welfare, including education, healthcare, and religion. This can be joint or sole custody. In Illinois, child custody is called parental responsibilities.
  2. Create a parenting plan: A parenting plan outlines how the child will be cared for and how much time they will spend with each parent. This should include details such as a schedule for visits, transportation arrangements, and communication protocols.
  3. Communicate with your ex-partner: It is important to maintain open lines of communication with your ex-partner. Especially when it comes to the well-being of your child.
  4. Prioritize your child’s needs: The child’s best interests should always be the top priority. Put aside personal differences and work together to provide a stable and nurturing environment for the child.
  5. Seek legal advice if needed: If you have any legal questions or concerns, it is best to seek the advice of an experienced family law attorney.

Final Thoughts

The allocation of parental responsibilities during a divorce or separation can be a difficult and emotional process.  Working with a professional family law firm like Masters Law Group can provide a great help in navigating this often emotionally-charged process. 

We are dedicated to protecting your rights, and more importantly, the rights of your child/children. Our Senior Attorneys Erin E. Masters and Anthony G. Joseph have extensive experience working with cases involving children in family law conflicts. Ms. Masters is a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

If you’re facing a family law issue, don’t hesitate to contact Masters Law Group for the professional assistance you need here today.