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DuPage Divorce Lawyer: Navigating Divorce in the New Year

The new year often marks fresh beginnings and major life changes. For many couples in DuPage County, this includes navigating the challenging decision to pursue a divorce.

While the decision to divorce can be emotionally and logistically overwhelming, working with an experienced DuPage divorce lawyer can make the process more manageable and help you move forward more clearly. Here’s what you need to know about navigating divorce in the new year.

Why Divorce Rates Spike After the New Year

January is often called “Divorce Month” due to an uptick in divorce filings following the holiday season. While divorce filings increase at the start of the year, data from Washington University reveals that the peak typically occurs between March and August. This delay is often linked to the time and preparation required for divorce’s legal and emotional aspects.

Several factors contribute to this post-holiday trend:

  • Holiday Delays: Many couples delay filing for divorce until after the holidays to avoid disrupting family celebrations, particularly when children are involved.
  • Reflection and Resolutions: The new year often inspires a desire for change, motivating individuals to address unresolved marital issues and pursue a fresh start.
  • Financial Planning: Considerations, such as tax implications or year-end bonuses, can also influence the timing of divorce filings.

Understanding these trends can help you anticipate the divorce process’s challenges. Let’s explore the steps involved and how an experienced DuPage divorce attorney can provide the guidance and support you need during this sensitive time.

Understanding the Divorce Process in DuPage County

Understanding the legal process is crucial if you consider divorce in DuPage County. While each case is unique, the divorce process generally involves the following key steps:

  1. Filing a Petition for Dissolution of Marriage: The divorce begins when one spouse files a Petition for Dissolution of Marriage with the DuPage County Circuit Court. This document formally initiates the legal process and outlines the filer’s request for asset division, parenting time, and spousal support.
  2. Serving the Petition: The spouse who files the petition must serve the other party with legal notice of the divorce proceedings. This is typically done through a process server or sheriff’s office.
  3. Temporary Orders: The court can issue temporary orders to address immediate concerns, such as child custody, visitation schedules, or financial support, while the divorce is ongoing.
  4. Discovery Process: Both parties must disclose financial documents, assets, and other relevant information. This process helps ensure transparency and fairness when negotiating the divorce terms.
  5. Negotiation and Mediation: Many divorces are resolved through negotiation or mediation rather than litigation. This process allows couples to work together to reach agreements on asset division, parenting plans, and support obligations.
  6. Finalizing the Divorce: Once both parties reach an agreement—or a judge makes a ruling—the court will issue a Judgment for Dissolution of Marriage, finalizing the divorce.

Navigating this process can be complex, so it is essential to have a skilled DuPage divorce lawyer who is familiar with the county’s legal system.

Key Considerations for Your Divorce in DuPage County 

1. Allocation of Parental Responsibilities & Parenting Time

Illinois law refers to child custody as the “allocation of parental responsibilities” and visitation as “parenting time.” These decisions are made with the child’s best interests in mind. A DuPage divorce lawyer can help you create a parenting plan that prioritizes your child’s needs and minimizes disruption to their routine.

2. Division of Assets 

Illinois is an equitable distribution state, meaning the court will consider each party’s current situation and future needs when dividing marital property. Proper documentation and financial disclosures are key to helping ensure a fair division. This can include:

  • Marital homes and real estate.
  • Retirement accounts and pensions.
  • Investments and savings.
  • Credit card and loan debt.

It’s important to remember that “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled divorce attorney to help ensure your rights are protected during asset division in Illinois.

3. Spousal Maintenance (Alimony)

Alimony is a financial arrangement where one spouse supports the other after a divorce or separation. Its primary goal is to help financially disadvantaged spouses maintain a standard of living comparable to what they experienced during the marriage. Alimony can be temporary or permanent, depending on various factors. These factors include:

  • The length of the marriage.
  • Each spouse’s income and earning capacity.
  • Parental agreements, with the custodial parent potentially receiving additional support to cover child-related expenses.
  • Contributions to the household or family, including both financial and non-financial contributions.

4. Alternative Dispute Resolution (ADR)

Many couples in DuPage County choose mediation or collaborative divorce to avoid the time and expense of litigation. Alternative dispute resolution (ADR) methods encourage open communication and problem-solving, allowing couples to resolve disputes amicably.

Tips for Navigating Divorce in the New Year

Divorce often brings a range of challenges that can feel overwhelming. Understanding how to address these hurdles is essential for navigating this difficult time. If you are beginning the divorce process this year, here are a few tips to help you navigate it effectively:

1. Seek Professional Guidance

Divorce can stir up emotions such as stress, anger, and grief, making it crucial to prioritize your mental health. Seeking support from therapists, joining support groups, or confiding in trusted friends and family can provide a much-needed outlet and help you build resilience. Work with an experienced DuPage divorce lawyer who can provide clarity and guidance at every stage.

2. Stay Organized

The financial impact of divorce can feel daunting, especially when it comes to dividing assets and planning for your financial future. Partnering with financial professionals alongside your divorce attorney can clarify your financial standing and help you make informed decisions for the future.

3. Prioritize Communication

For families with children, minimizing conflict and maintaining stability is vital. A thoughtfully crafted parenting plan can help address their emotional and physical needs, making them feel secure during the transition. Prioritizing open communication and consistency can help significantly improve their well-being.

By addressing these challenges proactively and seeking professional guidance, you can navigate the complexities of divorce with greater confidence and stability.

How Masters Law Group Can Help DuPage Divorce Attorney

Choosing a local divorce attorney with in-depth knowledge of DuPage County’s family court system can make a meaningful difference in the outcome of your case. At Masters Law Group, we understand that every divorce is unique, and we are dedicated to providing personalized support tailored to your specific circumstances.

Our divorce attorneys are here to guide you through every step of the divorce process, from dividing assets to creating parenting plans. With our extensive knowledge of DuPage County, we offer:

  • Experience in Court Procedures: We are well-versed in the filing requirements and processes specific to DuPage County’s family courts.
  • Judiciary Insight: Understanding judicial approaches to family law cases allows us to develop effective strategies for your case.
  • Familiarity with Local Mediation Practices: We can help you resolve disputes efficiently and amicably through mediation or collaborative divorce.

Whether you pursue mediation, collaborative divorce, or litigation, our team is committed to advocating for your best interests and helping you achieve a fresh start. If you are considering divorce in DuPage County, the team at Masters Law Group is here to guide you through this transition.

Contact us today to schedule a consultation and learn how we can help.

FAQs About Divorce in DuPage County

How long does a divorce take in DuPage County?
The timeline varies depending on whether the divorce is contested or uncontested. On average, an uncontested divorce can take a few months, while contested cases may take longer.

What are the residency requirements for filing a divorce in DuPage County?

In Illinois, at least one spouse must have resided in the state for at least 90 days before filing for divorce. If the case involves minor children, the residency requirement extends to 180 days to help ensure jurisdiction over child-related matters. The team at Masters Law Group is here to assist you in filing your divorce petition and confidently navigating the legal process.

Can mediation work if we don’t agree on everything?
Mediation can help resolve disagreements in a structured, neutral setting. The mediation process involves a neutral third party helping both spouses communicate and negotiate a fair agreement, often reducing the emotional and financial strain of a traditional trial.

How is parenting time decided?
The court considers the child’s best interests, including factors like parental involvement, work schedules, and the child’s needs.

Do both spouses need to hire an attorney?
While it’s not required, having legal representation helps ensure your rights are protected throughout the process.

Disclaimer: The information provided in this blog is for educational purposes only and does not constitute legal advice. Please consult the qualified family law attorneys at Masters Law Group for advice regarding your individual circumstances.

Do Parental Responsibilities Fall Under The Hague Convention?

Parental responsibility cases can be emotionally challenging and legally complex, especially when situations arise that involve parental child abduction. When family disputes span across national or international borders, the Hague Convention can prove a valuable resource for the parent left behind.

While the main goal of the Hague Convention is to secure the prompt return of children wrongfully removed to or retained in any country (which is not the child’s country of habitual residence), it does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. Rather, it determines under what circumstances a child should be returned to a country for custody proceedings under that country’s laws.

Understanding how this convention applies to parental responsibility cases is crucial for parents recently filing for divorce or separation who have international connections. Unfortunately, some parents never accept the divorce and purposely cause problems, sometimes by taking their child far away from the other parent. 

PARENTAL RESPONSIBILITY AND PARENTING PLANS

In Illinois, the landscape of parental arrangements has evolved. “Allocation of Parental Responsibilities” includes the division of decision-making responsibility, previously known as “legal custody,” and parenting time, previously known as “visitation,” amongst the parties.  Parenting plans outline the schedule dictating a child’s interactions with each parent after a divorce or separation. 

Without a parenting plan, no official documentation exists specifying where a child should be at any given time. This legal void can lead to situations where parents can, without repercussion, abandon their children or take them away without the explicit consent of the other parent. In the state of Illinois, according to 720 ILCS Sec. 10-5(b)(6), a parent can abduct their child if, absent a custodial order/parenting plan, “knowingly conceals” a child “for 15 days and fails to make reasonable attempts within the 15 days to notify the other parent.” Let’s take a look at how Illinois grants custody.

HOW ILLINOIS GRANTS CUSTODY

Approximately 40% of states in the United States strive to provide equal custody time for both parents. Courts consider the child’s best interests when determining parenting arrangements. They aim to confirm that the child maintains a strong and healthy relationship with both parents.

They consider the child’s age, needs, and each parent’s ability to provide a safe environment. The court may select a mother over a father if the father negatively impacts the child or vice versa. Having clear guidelines and agreements can help establish stability and promote effective co-parenting. If you are a parent facing international parental child abduction, or feel your family is at risk of such an event, let’s look at how the Hague Convention could help.

“RIGHTS OF CUSTODY” UNDER THE HAGUE CONVENTION

As previously mentioned, the Convention does not affect or impact the decision-making process regarding custody issues (allocation of parental responsibilities), nor does it focus on the underlying merits of a custody dispute. However, it aims to secure the prompt return of children who have been wrongfully removed to or retained in any contracting state and distinguishes between the remedies available to protect “rights of custody” and “rights of access.”

  • “Rights of custody” includes rights relating to the care of the child and the right to determine the child’s place of residence.
  • “Rights of access” includes the right to take the child for a period of time – Article 5(a).

The Convention protects rights of access without an order of return, but in some circumstances, an “access parent” may be considered to hold rights of custody and thus be entitled to an order for the child’s return under the Convention.

PROTECTING PARENTAL RESPONSIBILITIES ACROSS BORDERS

The Hague Convention sets out clear procedures for determining where the child normally lives and dealing with wrongful removal or retention cases. Each country appoints central authorities to resolve disputes, and courts in both the child’s home country and the country where they’re in decide on the best course of action. 

If the Convention states if the removal or retention was wrongful, then the court must order the child returned to his or her habitual residence for a custody determination, unless the responding parent (the parent who removed or retained the child ) can establish one of the following:

  1. More than one year has passed since the wrongful removal or retention and the child is settled in his or her new environment
  2. The petitioning parent was not actually exercising custody rights at the time of the removal or retention
  3. The petitioning parent had consented to or subsequently acquiesced in the removal or retention
  4. The child objects to being returned and is of an age and maturity level at which it is appropriate to take account of his or her views
  5. There is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” or
  6. The return of the child would be inconsistent with “fundamental principles … relating to the protection of human rights and fundamental freedoms.”

Overall, the Hague Convention helps maintain stability and consistency in parenting arrangements while protecting the rights of children and parents involved in cross-border disputes.

CHALLENGES TO CONSIDER

Parents often face hurdles when dealing with international parenting disputes. One of the most significant challenges is simply navigating another country’s legal system. This can involve language barriers, unfamiliar legal procedures, and cultural differences, making it difficult for parents to advocate for their rights effectively. 

Additionally, parents may struggle to locate and communicate with their children, especially if the other parent is hiding them. In some cases, parents may also face obstacles related to travel, such as visa restrictions or prohibitive travel costs. International parental responsibility cases can be highly stressful and emotionally taxing for parents. That’s why having the right support and guidance is essential throughout the process.

GETTING THE HELP YOU NEED

The Hague Convention on the Civil Aspects of International Child Abduction can be a valuable resource for resolving abduction cases involving international borders, prioritizing their well-being. 

But to navigate these complex cases successfully, seeking legal counsel with knowledge and experience in Hague proceedings is extremely valuable. Erin Masters and Anthony Joseph have extensive experience in cases involving international parental disputes in courts located in the State of Illinois and the United States federal court system. 

Our profound understanding and proficiency with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”), enacted into law through the International Child Abduction Remedies Act (“ICARA”), empowers us to help advocate thoroughly and effectively. 

Highlighted Hague Decisions:

Contact us today to schedule a consultation.

Back to School: 5 Tips for Co-Parenting

Back to school comes with a lot of nerves and excitement for children and families. For parents who are separated, in the middle of a divorce, or already divorced, co-parenting with your ex can be a challenge.  At this time of year, however, your children need you to put aside your animosity in order to make their school year a success.

After a divorce, working with your child’s other parent may be uncomfortable, to say the least. But making the effort to cooperate with your co-parent and your child’s school set-up can make things easier for everyone. That’s especially true now, with emerging strains of COVID-19 and now Monkeypox concerns clouding parents’ vision of the 2022-2023 school year.

We know it can be hard to get on the same page with your ex. We also know that you want what’s best for your children—and that means being able to communicate effectively with each other in order to ensure they get the education they deserve.

Here’s what you should know about co-parenting this fall and a couple of tips to help you prepare for your child’s 2022-2023 school year.

Share Obligations for Back-to-School Shopping

As the school year approaches, it’s important to remember that back-to-school shopping is a shared responsibility. Shopping for materials and supplies can be costly, especially if you’re buying them for more than one child. Suppose you are co-parenting and are happy to help your children pick out new clothes and supplies. In that case, others may not be as excited about the process of buying “boring” mandatory necessities. Make a clear plan of who is buying what and when to ensure your child doesn’t miss out on those soccer boots or backpacks (plus, you’ll avoid duplication of expenses).

Keep a Predictable Parenting Time Schedule

Stay ahead of any anticipated disputes by designing, implementing, and complying with a detailed parenting plan. Creating a parenting schedule can be an emotional law topic and should have been set during your divorce proceedings. If this is not the case, it’s important for parent-child relationships to have consistency in their schedule, and therefore you need to set one immediately.

If you are co-parenting, it helps both parties to keep track of the child’s activities. For children, it helps give them a sense of routine, security, and certainty which is an important part of healthy child development.

Inform Your Child’s School of Your Co-Parenting Arrangements

When your kids start a new school year, it’s important to make sure that the school knows who they should talk to in case of emergencies. And even more importantly, who they should release their children to after school? At the start of each school year, provide the principal at your children’s school with a copy of your child custody and parenting order. This is especially crucial if your parental responsibilities order has been modified over the past year. This will put the school on notice about who they should talk to in case of emergencies and who to release their children to after school to avoid conflict.

Coordinate Events with Your Co-Parent 

It can be difficult to attend school functions when you’re divorced. Your co-parent may not want you to go, or they might want you to attend but won’t be there themselves. If this is the case, make sure your child knows who will be attending without making it seem like the non-attending parent didn’t want to go.

Sporting events, class plays, and class graduations are all important to your child and their development. They will ultimately suffer if you end up clashing at these important milestones. For their sake, try to cooperate with one another to attend school events together as a show of unity and support. If that isn’t a possibility, make sure your child knows who will be attending, so they’re not on the lookout for ultimate disappointment.

Set Expectations and Remember Your Priorities

The first few weeks of school can be a bit chaotic. It’s important to remember that it’s not just your child who is adjusting to new teachers, new classrooms, and new classmates—you are too!

When you are co-parenting and planning for your kids to go back to school, make sure you’re both on the same page. Back-to-school time opens a door for conflict, but conflict results in the child/children suffering.

You and your co-parent need to know what is expected of each other. Who is going to help with homework? Who will take your child to football practice? Maybe mom helps one child, and dad is responsible for helping the other. Maybe you take it in weekly or biweekly turns. There is no right answer, but whatever arrangement you and your co-parent decide upon should be detailed in your parenting plan to eliminate confusion in the future.

Allocation of Parental Responsibilities

If you STILL cannot come to a civil agreement on parenting time, the Allocation of Parental Responsibilities is an actionable step to set a new plan in place.

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 their child’s education and schooling matters (amongst other decisions such as 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 spend 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.
  • 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.

How Masters Law Group Can Help

Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. Attorney Erin E. Masters is a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Attorney Anthony G. 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.

We offer a variety of services to help parents, children, and families through difficult times like Divorce, Parenting Time, and Allocation of Parental Responsibilities. If you are in need of legal assistance, contact a member of our team today. Our attorneys will work with you to develop an action plan that is fair and fits your unique needs and goals. 

We will work diligently on your behalf and provide regular updates throughout the process. You can count on us when it matters most—and we hope that means now! Contact us today to speak to a qualified Chicago family law attorney to set up a free consultation with us.