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Recent Blog Posts
When Can I Change the Terms of My Illinois Parenting Plan?
When Illinois parents divorce, they are asked to create a “parenting plan” describing parental responsibilities and parenting time and submit it to the court. If the parents disagree about the terms of the parenting plan and cannot reach a compromise during mediation, the court may decide on the unresolved elements for them. Life is full of unexpected changes, and consequently, there may come a time that a parent needs to alter the terms of the parenting plan. However, parental responsibilities and parenting time arrangements may only be modified in certain circumstances.
When Can Parental Responsibilities Be Modified?
Parental responsibilities refers to a parent’s authority to make major decisions about the child such as where the child will attend school or religious services. Illinois law places a two-year moratorium on parental responsibility modifications in order to promote stability in the child’s life. However, parental responsibilities may be changed before the two-year period if:
Gaslighting and Emotionally Abusive Relationships
Domestic violence does not always involve physical harm like punching and slapping. Emotional and psychological abuse can often be just as harmful. An abuse victim may be psychologically manipulated in such a way that he or she fears leaving the abusive situation or even blames himself or herself for the abuse. Gaslighting is a form of psychological manipulation that some abusive people use to manipulate and control their victims.
Controlling a Victim Through Deceit
The term “gaslighting” refers to a 1944 movie starring Ingrid Bergman called Gaslight. The film centers on a manipulative husband’s attempts to undermine his wife by making her question her sanity. One of the tactics used by the husband to make his wife think she is going crazy is dimming and brightening the gaslights. The term has since become a catch-all term for psychological manipulation used to maintain control or power over a victim.
Examples of Gaslighting in a Toxic Relationship
How an Emergency Order of Protection Can Help You During Your Divorce
Domestic violence is a hidden epidemic in Illinois and throughout the country. Millions of men and women suffer silently in abusive marriages because they are unaware of the resources they have at their disposal. In fact, the Illinois Coalition Against Domestic Violence served over 45,000 adults and nearly 9,000 children in the year 2019 alone. If you are ready to leave an abusive marriage, you should know that there are several steps you can take to protect yourself and your children.
Protecting Yourself and Documenting the Abuse or Harassment
In Illinois, what are often referred to as “restraining orders” are called orders of protection. An order of protection is a court order that prohibits an abusive person from further abuse or harassment. If the subject of the order, called the respondent, violates any of the terms of the protection order, he or she may be arrested and charged with a criminal offense. Furthermore, a protection order serves as a crucial record of the abuser’s actions that will be very important during any subsequent divorce or child custody cases.
How to Help Your Children Cope with Your High Conflict Divorce
When parents split up, children can sometimes feel as if their entire world has been turned upside down. Divorce that involves a significant amount of contention is often especially hard on children. If you are a parent who is going through a high conflict divorce or you suspect that you soon will be, you are probably worried about how this will affect your kids. Poor performance in school, behavioral issues, low self-esteem, and other psychological consequences have been shown to result from parental conflict. However, there are things that you can do to reduce the negative effects of divorce on your children.
Use Caution When Telling the Children About the Divorce
The moment that your children learn that you and the other parent are divorcing may be one that they remember for the rest of their lives. It is important to plan out what you will say in advance. Most experts suggest that parents tell their children the news together, however, this may not be possible in a high conflict situation. The age of your children will determine the types of conversations that you can have about divorce, however, experts agree that it is best to tell them all at once. This prevents one child from having to keep a secret from the others.
How Can I Prove Paternity so that I Can Get Child Support in Illinois?
Parents have a moral and legal obligation to help support their children. Unfortunately, getting the financial support you need as a single parent can be complicated if a parent does not cooperate. If you are a mother who wishes to get child support from your child’s father, there are several steps you may need to take. If you were not married to the child’s father when your child was born, there is no legal presumption of paternity. You may need to establish the father’s legal relationship to the child before you can get child support from him.
When the Father Acknowledges His Parentage
If your child’s father acknowledges that he is the child’s biological father, the process of establishing paternity is much easier. You can establish the legal relationship between your child and the father using a document called a Voluntary Acknowledgement of Paternity (VAP). You and the child’s father simply fill in the required information, include copies of your government-issued IDs, and sign the document. Unfortunately, the process is more involved if the father does not voluntarily acknowledge his parentage.
How Can I Get a Fair Divorce Settlement if My Spouse Lies About Money?
Disagreements about financial issues is consistently ranked as one of the top reasons for divorce. Financial deception is also a common issue in marriages across the United States. Spouses may spend large quantities of money, hide assets, and rack up debt without the other spouse’s knowledge. The popularity of online banking has made it easier than ever to hide financial transactions from your spouse. If you are getting divorced and financial deception has been an issue for you in the past, it is important to take steps to ensure that you receive a fair divorce settlement.
Speak to a Lawyer As Soon As Possible
If your spouse has been dishonest or controlling about finances in the past, it is very likely that he or she will continue to do so during your divorce. Per Illinois divorce law, you deserve an “equitable” or fair share of the marital estate. However, you can only receive your fair share if you know what your fair share is. You also deserve child support and spousal support arrangements that are based on your actual financial circumstances. An attorney who is experienced in handling divorce cases involving complicated financial issues can help you uncover the truth. Your attorney may use a variety of techniques to get accurate and complete information about income, property, debt, and expenses during the divorce, including:
Benefits of Family Law Mediation to Resolve a Child Custody Dispute
Understandably, most parents have strong opinions about divorce issues involving their children. Child custody disputes are often one of the hardest types of family law disputes to resolve. Parents may disagree on where the child should attend school, the child’s religious upbringing, which parent should have the majority of the parenting time, and countless other issues. Sadly, it is often the children themselves that suffer the most during child-related disputes in a divorce. If you are a parent involved in a child custody dispute, one option you may want to consider is family law mediation.
Advantages of Reaching An Agreement on Parenting Issues Through Mediation
Parents have 120 days after filing for divorce to submit a parenting plan to the court. Family law mediation may help you and your spouse reach an agreement about the elements of your parenting plan. There are several advantages to using mediation to resolve child custody issues, including:
What Rights do Grandparents Have Regarding Grandchild Visitation in Illinois?
When most people think about child custody issues, they assume that the issue involves the child’s biological parents. However, non-parents such as grandparents can also be important figures in a child’s life. If you are a grandparent, you may be curious about your right to see your grandchild. You may wonder if there is any way that you can be granted visitation rights the way that a biological parent would be. In Illinois, grandparents can be issued visitation rights, but only in certain circumstances.
Grandparents Rights in Illinois
The Illinois state government generally assumes that parents know what is best for their child. However, if the wellbeing of the child is questioned, the government can step in. If a parent does not want their child to spend time with his or her grandparents, it is assumed that the parent has a good reason for doing so. However, this is a rebuttable presumption. If a grandparent can prove that spending time with a grandchild is necessary to protect the child’s wellbeing, the court may grant visitation rights to the grandparent.
What Are My Options if My Ex Is Not Obeying Our Parenting Plan?
In Illinois, parents who divorce must create a “parenting plan” that describes each parent’s rights and responsibilities. If the parents cannot reach an agreement about the provisions in the parenting plan, the court will hear arguments from both sides and then issue a parenting plan based on what the court thinks is in the child’s best interests. If your ex is not following your parenting plan, you may be frustrated and annoyed. You may wonder what you can do to make your spouse comply with the terms set forth in the plan.
Do the Other Parent’s Actions Constitute a Violation of the Parenting Plan?
Divorced couples who share custody of children have the unenviable responsibility of remaining in each other’s lives for the sake of their children. Your ex may forget about responsibilities, drop off children late, or make other mistakes that lead to unnecessary frustrations in your life. While this can certainly be annoying, not every mistake is considered a violation of the parenting plan. Recently, COVID-19 lockdowns have caused many parents to be unable to carry out some of the responsibilities contained in their parenting agreement. If a parent makes an honest mistake regarding the parenting time schedule or unintentionally disobeys the parenting plan, the best way to deal with the situation may be to talk with him or her about potential solutions. You may consider requesting a modification to your parenting plan and changing the plan so that works better for your unique situation.
How Can Forensic Accounting Benefit Me During My Illinois Divorce?
When two people get married they merge their financial lives in such a way that dividing assets and debts prove quite difficult during divorce. Property division during divorce is further complicated when the couple owns complex assets, has a particularly high income, or when a spouse refuses to be honest about his or her finances. The spouses’ financial situations will also have a dramatic impact on child support, spousal support, and other elements of the divorce. Forensic accounting may help divorcing spouses trace marital assets and debts, reveal hidden assets and income, determine how much money is available for support payments, and much more.
How a Forensic Accountant May Help During Divorce
Divorce lawyers often utilize the expertise of a forensic accountant when complicated financial circumstances or financial deception confound the divorce process. Forensic accounting is often used when a married couple owns a business or professional practice or other complex assets like stocks and stock options, retirement funds, cryptocurrency, or real estate.
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