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Recent Blog Posts
Allocation of Parental Responsibilities
Throughout the years and perhaps due to the change in family dynamics in our country, the family law regarding child custody and visitation schedules have undergone significant changes. No longer are we in the ages of the clear cut, laid out in a black-and-white model of care arrangements. Legislators realized that there is no one-size-fits-all model. Instead of joint custody or sole custody division, Illinois has the additional assignment of parental responsibility. Although transitions such as these are beneficial because they allow the courts to mold a solution suitable for each family, terms become increasingly blurred and challenging for someone unfamiliar with the area. It is not uncommon for questions to arise when determining the best outcome for each child.
The Best Interest of the Child
As always, Illinois focuses on the best interest of the child, occasionally even if that is against the guardian's preferences. A judge will take into consideration if someone is unwilling or has a lack of want to care for the child, as well as those who do prefer to look after the child, however other factors play into consideration. By Illinois law, 15 factors influence the determination of parental control, including:
The Best Time to Divorce: Three Factors that May Influence Your Divorce Timeline
Many couples must ponder the idea of whether or not there is truly a “right” time to divorce when faced with the decision to call it quits. Is there really such thing as a good time to break the sad news to friends and family? No one is ever truly prepared for the emotional toll that divorce entails, so it is completely understandable when a couple chooses to delay the decision. Some couples hold off with hopes for possible reconciliation, while others feel it may be best to stay together for the children.
Identifying Priorities
Whatever the personal circumstances surrounding your imminent separation, weighing various factors that may ultimately shape your divorce experience for better or worse before officially ending the marriage can be beneficial. Evaluating these factors can help you identify your priorities in the divorce process, which can help you decide the best time to make the jump.
Explore some of these key areas when looking at the timeline of your divorce:
Staying Together for the Sake of the Children
There is no greater dilemma for parents exploring the possibility of divorce than deciding whether or not to go through with the process for the sake of the children. There is much at stake where kids are concerned when deciding to end a marriage. Everything must be taken into account, including the immediate emotional and mental effects, to how the split will impact the children in the future, as the years go on.
Should You Stay or Should You Go?
The question of whether staying together is in the children’s best interests is a difficult one to answer, but one thing is certain: There are a number of diverse opinions on the matter, but ultimately only you, the parent, can decide if it is time to say when, or if it will work in everyone’s favor to remain a family unit despite the marital conflict.
Psychologists suggest examining the following as you explore whether divorce is the right decision for your family:
The Challenges of Becoming a Stepparent
While it is not uncommon for the road to and through divorce to be a mutual, peaceful one, the reality remains that there is always that percentage of married couples who do not make it through the journey without multiple bumps in the road. Divorce is often plagued by conflict, tension, and problems reaching resolution on numerous matters, from everything to parenting time arrangements and the creation of a parenting plan, to the division of assets and child support payments.
Approaching Divorce as a Beginning, Not an End
Whatever your personal divorce circumstances look like, if you are on the verge of blending a new family dynamic together shortly after your split, then you are on deck for a whole new challenge entirely. Those pesky conflicts you faced throughout the divorce proceedings are no longer tied to the separation alone, but are now factors that will come into play with another issue: The task of beginning a new chapter with your newly blended family. Merging a new family means working with your former partner, addressing lingering hurt your children are experiencing from the previous marriage, and channeling your time and energy into building a healthy foundation with your new partner and their children.
Ways Stay-at-Home Parents Can Protect Their Rights Following Divorce
As a parent undergoing divorce, you have your work cut out for you. Not only do you need to address the legal technicalities of the split in the midst of experiencing the grieving process, you also need to tackle all the issues that accompany the end of a marriage, including everything from the division of assets and parenting time (visitation), to parenting plans and inventory of your personal finances. For the stay-at-home parent, divorce requires a complete lifestyle overhaul, which can trigger a number of concerns for the spouse who has been the primary caregiver at home.
Safeguarding Your Rights as a Stay-at-Home Parent
The idea that the stay-at-home parent will be able to continue to live the lifestyle they were originally accustomed to prior to the divorce is sadly not always a realistic one. While there are laws that vary from state to state that allow certain protections for the stay-at-home spouse, the parent’s lifestyle will inevitably change as their financial circumstances evolve due to the divorce. Parents used to staying home to raise their children can still make the effort to safeguard their rights during the transition in the following ways:
How Does Relocation after Divorce Impact Your Children?
There are countless aspects surrounding the divorce experience that parents are faced with when raising children throughout the separation process. Studies show that children are especially prone to the negative psychological effects that accompany the end of their parents’ marriage, due to the fact that they are still developing and learning to process - and cope with - rapidly changing emotions and circumstances. It is understandable, then, how something as anxiety-inducing as moving during or shortly after divorce can trigger a significant psychological struggle for children.
Moving and Divorce: A Psychological Toll
Recent divorce law changes in the state of Illinois now allow the primary residential parent to relocate with their child after divorce, as long as the move is made within a 25-mile radius. Because of this new guideline, that 25-mile radius can actually mean a jump over the state line, depending on which county you live in. Whether you are moving one neighborhood away or using up those permissible 25 miles, studies indicate that moving after divorce can be unsettling for children and can reap long-term psychological effects.
Illinois Legal Separation Process
If you and your spouse find yourselves in the midst of separating, you, like many couples, may be pondering the advantages and disadvantages of legal separation before divorce. Legal separation serves to outline the rights and responsibilities of each spouse when they are living apart, but are not yet divorced. Living apart for a period of time can be helpful for the couple who wants to try a trial separation before making the decision to call it quits, but doing so can bring about certain financial risks if not addressed properly early on.
Making It Official
If you choose to go the trial separation route, there are certain stipulations that must be met in order to make the separation official by law. Ensuring your separation is legal will help prevent any potential financial risks associated with living apart before you divorce.
The following three main requirements must be met in order to legally separate in the state of Illinois:
Money Management Problems often a Contributor to Divorce
Multiple studies conducted by various experts, over many decades, have revealed the sad truth that serious financial trouble is an overwhelming predictor for separation and divorce for couples around the globe. The American Psychological Association (APA) reports a number of studies that have proven the stress brought on by financial struggle can cause even the strongest relationships to fall apart, making it crucial for everyone, regardless of their income level or line of work, to address their money management habits early on in a marriage.
Clashing Money Management Styles
Looking at the way you and your spouse spend, save, and budget money before the marriage and in the early stages of your union can make a significant difference in how well your relationship fares over time. This is especially important when you and your spouse experience additional stressors throughout the course of your marriage, adding more pressure to the existing tension. Such issues can increase the number of arguments between you and your spouse, and ultimately affect the longevity of your relationship.
Details You Cannot Afford to Neglect When Arranging a Prenup
Although the subject of prenuptial agreements spark ongoing controversy, the reality is such agreements can offer a range of benefits for both parties involved, should a divorce ever take place. When both parties are open and willing to discuss the potential advantages of arranging a prenup, the outcome can bring great peace of mind and provide a clear, organized game plan in the event the marriage comes to an end.
Key Areas to Address
The purpose of a prenup is to prepare for the management and protection of your assets, especially in the event that you and your spouse have difficulty agreeing on the division of those assets during a divorce. Due to the important nature of the agreement, it is crucial to identify which areas require attention as you begin the process of creating the contract. Some areas every couple needs to address include the following:
Debts - The reason for talking about debts with your future spouse is twofold; you both need to know about any existing financial obligations, and you both will also benefit from being transparent regarding any debts that are in your name before you tie the knot. Make a list of everything, including personal and bank-acquired loans, as well as any debts that may currently be in collections.
Key Factors that Influence Your Child’s Post-Divorce Adjustment
Navigating the adjustment period after a divorce is a challenge for everyone at the end of a marriage. Depending on the level of tension and conflict in the relationship, the final unraveling of the union has the potential to wreak a significant amount of emotional damage on each party, and it is only natural for even the most peaceful splits to leave some sort of emotional scarring by the time the divorce is official.
The Psychological Effects
The psychological effects of divorce are just as impactful for children, and in some cases, even more so. This is due in part to the critical developmental periods children go through, such as the early teen years, when their minds and bodies are changing rapidly and drastically. The American Psychological Association reports research that indicates children from divorce tend to experience less financial security and have lower academic achievement, tend to drink and smoke more, and have a harder time finding and keeping jobs.
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