Tag Archives: child custody

IL divorce lawyerHistorically speaking, the decisions made in a divorce case largely favored the woman. When spousal maintenance, or alimony, was awarded, the woman was usually the recipient. Family courts were also more likely to award the woman in a divorce case child custody, believing it was in the best interests of the child to stay with their mother. These patterns in history have led many men to believe they are already at a disadvantage before their divorce case even starts, but that is not the case.

Today in Illinois, family law judges only consider what is fair when making decisions on a divorce case. Gender is no longer a part of the decision-making process. Still, many myths surrounding men and divorce still abound in the state today. Below are the most common myths many people still believe, and the truth behind them.

Women Are Always Awarded Child Custody

The idea that women are always awarded child custody is perhaps the biggest myth involving men and divorce. At one time, this was true but today, the family court will only evaluate what is in the best interests of the child and they will make their decision based on that. Like other decisions made in a divorce case, gender is not taken into consideration when judges award one parent child custody.

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IL divorce lawyerAfter a divorce, entering into a romantic relationship with another partner is very exciting. Many times, people even want to get remarried, which is another exciting prospect. However, if you are considering remarriage after getting a divorce, there are some very important factors to consider first. Any new marriage you enter into will not only affect you and your new spouse, but also your former spouse and your children.

Spousal Maintenance Considerations

If you are receiving spousal maintenance, also known as alimony, a remarriage will have a great impact on it. In Illinois, recipients of spousal maintenance do not continue to receive it once they get remarried. This is because it is presumed that the new spouse can provide financial support instead of the spousal maintenance payments. If you are receiving spousal maintenance from your former spouse, you need to consider the effect of no longer receiving these payments.

On the other hand, if you are the spouse making maintenance payments, you will still be obligated to pay them after getting remarried. You will still need to consider the impact these payments will have, and if you can afford to financially support your former spouse as well as your new family.

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IL family lawyerChild custody is one of the most highly disputed issues of any divorce. It is also one of the most misunderstood. Parents often enter into child custody hearings thinking that a judge will award them sole child custody, based on their gender, or the fact that their child prefers to live with them. Other times, parents think that when they are not satisfied with the judge’s decision, they can make a motion to modify the order right away.

These are just two of the most common misconceptions about child custody. If you are going into child custody hearings, it is important that you know the facts about this legal issue, so you can better understand what to expect. Below are six facts to keep in mind throughout your divorce case.

Child Custody Decisions Are Always Based on the Best Interests of the Child

A judge will consider many factors when making a decision on child custody, and they all reflect the best interests of the child. These factors are identical in all child custody cases. While the preference of the child is one of these factors, it is never the sole deciding factor. A judge will also only consider the preferences of the child when they are of a certain age and maturity to make such preferences known.

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IL divorce lawyerNearly everyone has heard of a friend or family member that has gone through a nasty divorce. It can seem as though this is the only way to get a divorce, but that is not true. Uncontested divorces are those in which both parties agree to all terms of the divorce and they simply draft an agreement reflecting those terms. Couples often seek uncontested divorces because they allow the parties going through the process to do so with less stress in a shorter amount of time, and it also allows them to save money during the process.

Willingness by Both Parties

If even one party in a divorce is intent on dragging out the process and making it as difficult as possible, an uncontested divorce is not possible. To get an uncontested divorce, both people must be willing to remain open, reasonable, and objective. It is crucial that differences are put aside, which is often challenging in a situation when emotions run high. Still, this is the most important element when trying for an uncontested divorce.

The Right Attorney

Just because a divorce is uncontested and agreed upon does not mean that spouses cannot use an attorney. In fact, each spouse can and should have separate representation to ensure that their rights are being upheld. However, choosing the right attorney is of paramount importance. Some lawyers are so focused on taking a case to trial that they cannot move from the mindset of a litigator to that of a collaborator.

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IL divorce lawyerWhen considering divorce, you are likely thinking about how it could be a long process, and the many steps you will have to take throughout it. While the actions you take during divorce will depend on the specifics of your case, there are also some things that anyone considering divorce should do before they even file. The most important of these are listed below.

Prepare Financially

You will need a lot of documentation during your divorce case. Now is the time to collect records of financial accounts, phone records, car notes, and mortgages. Many times, spouses share these documents and when that is the case, you should take photocopies of the documentation and store them in a safe place.

Be Realistic About Child Custody

If you have children, custody issues are likely to be one of your biggest concerns as you consider divorce. It is important to remember that in most cases, a judge will award both parents time with the child unless there is an extreme situation such as addiction or domestic violence. Reviewing your work schedule, your child’s schedule, and the obligations you have will greatly help you prepare for the child custody process. If you and your spouse can reach a child custody agreement that is fair, your divorce will proceed much quicker and much more smoothly.

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