Family Law and Personal Injury Attorneys
Recent Blog Posts
How Can I Get Emergency Custody of a Child in Illinois?
If your child is in an unsafe situation with the other parent, you may need to file for emergency custody with an Illinois lawyer. Getting emergency or temporary custody allows you to protect your child while your permanent custody case proceeds. Here is how the emergency custody process works in Illinois:
File a Petition for Emergency Order
To request emergency custody in Illinois, you must file a “Petition for Temporary Emergency Custody” in court. The petition should detail reasons why the child is currently at risk of harm in their present environment. Examples include abuse, neglect, drug use in the home, or the child’s special medical needs not being met.
How Can You Achieve a Fair Parenting Plan in Illinois?
When parents separate or divorce in Illinois, one of the most important issues to resolve is a parenting plan arrangement, also known as child custody. Negotiating agreements can be extremely emotional and challenging. However, there are steps you can take with an Illinois attorney to help achieve a fair outcome that prioritizes your child’s best interests.
Understand Illinois Parenting Plan Laws
The parenting plan laws are designed to promote the child’s welfare and best interests. Illinois uses the “best interests of the child” standard to determine custody. The court considers factors like the wishes of the parents and child, the child’s interactions with family, the child’s adjustment to home and school, and the mental and physical health of all parties.
Dividing Assets in an Illinois High Net Worth Divorce
Divorce can be an extremely complicated and stressful process, especially when substantial marital assets are involved. Navigating the asset division process requires understanding complex financial matters, tax implications, and understanding how Illinois law handles high-net-worth divorces. Working with an Illinois lawyer can help with the process.
Classifying Assets as Marital or Non-Marital in Illinois
The first major task is identifying and classifying all assets as marital or non-marital. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property includes any assets acquired or income earned during the marriage, as well as any appreciation in value of non-marital assets during the marriage. Non-marital assets that are exempt from equitable division include:
Top Mistakes to Avoid When Filing for Divorce in Illinois
Ending a marriage is never easy. On top of the emotional turmoil, there can also be complex legal processes to navigate, especially if you are dealing with alimony and spousal support. Making mistakes during this process can lead to financial loss, damaged relationships, and unnecessary stress. Knowing the common divorce mistakes ahead of time can help, along with the guidance of an Illinois attorney.
Failing to Meet Illinois Residency Requirements
To file for divorce in Illinois, you or your spouse must have lived in the state for at least 90 days. This is a firm requirement under Illinois law. If you file before meeting the 90-day minimum, your case could get thrown out resulting in wasted time and money. Make absolutely certain you or your spouse have physically resided in IL for 90 days before taking legal action.
2023 Changes in Child Custody Laws in Illinois
Child custody is often a significant issue for divorced or unmarried parents in Illinois and across the country. Over time, laws have changed to be more equitable between parents. Changes to recent laws have also given more weight to what the child wants. While you should always consult with an experienced Hinsdale child custody attorney to remain up to date on Illinois child custody laws, here are some recent changes you should know about.
Recent Changes in Illinois Child Custody Laws
Since 2016, there have been many significant changes in child custody laws in Illinois that both parents should be aware of. These changes aim to prioritize the child's best interests while ensuring fairness and clarity in custody arrangements. Below are some fundamental changes that have been implemented regarding child custody to the Illinois Marriage and Dissolution of Marriage Act.
Is Illinois a 50-50 Divorce State?
Divorce laws vary from state to state, and it is essential to understand how your specific state handles the division of marital property when going through a divorce. In Illinois, the division of assets is guided by the principle of "equitable distribution," which means that assets are divided fairly but not necessarily equally. This stands in contrast to the concept of a "50/50 divorce state," where marital property is split right down the middle. When you hire an experienced Hinsdale divorce lawyer, they can help you understand how this framework will impact your divorce.
Equitable Distribution 101
Illinois is an equitable distribution state, which means that when a couple divorces, the court will aim to divide marital assets and debts fairly based on various factors. The goal is to achieve a division that considers each spouse's financial situation, contributions to the marriage, and needs after the divorce. This approach recognizes that fairness does not always equate to a strict 50/50 split.
How is Custody Determined in Illinois?
Illinois child custody laws and statutes set forth the specific steps for determining child custody when two parents divorce or are unmarried. Each parent should have their own Hinsdale child custody attorney during this process.
When it comes to navigating custody matters, both parents typically attempt to divide custody responsibilities amicably. However, if mutual agreement remains elusive, the legal system intervenes to ensure a fair resolution.
Types of Child Custody in Illinois
When it comes to custody matters, there is legal custody, and there is physical custody. Illinois courts draw a clear line between them. Legal custody is called “parental responsibilities” and encompasses the authority to make significant decisions that impact a child's life. For instance, the parent with parental responsibilities makes decisions about the child's education, healthcare, and religious upbringing. On the other hand, physical custody, or “parenting time,” pertains to the child's day-to-day care and living arrangements.
What Is Divorced Dad Syndrome?
As your Hinsdale divorce lawyer will assure you, divorce and its aftermath are unique to each couple and family. Sometimes in the aftermath of a marriage, fathers can experience changes in their parenting styles, resulting in what some call "Divorced Dad Syndrome."
Divorced Dad Syndrome, sometimes called Guilty Dad Syndrome, is a behavioral phenomenon that manifests in certain men following a divorce. These individuals are overwhelmed by a deep sense of guilt stemming from the dissolution of their family, often due to their perceived wrongdoings. This guilt is mainly fueled by the emotional wounds their children may experience due to the divorce.
In response, these fathers might attempt to compensate for their perceived failures by adopting guilt-based parenting practices rather than prioritizing their children's best interests. The result is a diversion of their guilt rather than focused, appropriate parenting.
What Is a Parenting Marriage?
Divorce is not for everyone and today, couples have many options. One that is becoming more common is a parenting marriage. In a parenting marriage, the couple involved are no longer romantic with each other. However, they do not want to get a divorce and instead, want to redefine their relationship to each other. Although the marital relationship has changed, many things remain the same in a parenting marriage. The couple often lives in the same home albeit in different rooms, and they each have equal responsibilities for raising the children.
While a parenting marriage can simplify the process of ending a romantic relationship, it does come with many unique issues. It is still important to speak to a Hinsdale family lawyer that can help prevent disputes from arising.
What are the Requirements to File for Divorce in Illinois?
Although divorce is often nuanced with many other issues and emotionally charged, it is a legal process at its roots. If you or your spouse have filed for divorce, you need representation from the most skilled Hinsdale divorce lawyers available. You can find them at the Law Office of Martoccio & Martoccio. We handle the legal details for you and ensure everything is handled correctly so that you can focus on yourself and your children.
Divorce Requirements in Illinois
Unlike some other states, Illinois has some very simple rules to qualify for a divorce. Here is what you need to know about the requirements for divorce in this state:
-
Residency Requirements: You or your spouse must have lived in Illinois for at least 90 days before filing for divorce.
© 2024 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855
