Parents often face the problem of having to go to work or somewhere else of importance and they need someone to care for their child. This situation arises in marriage many times, but it also happens after a couple has divorced. When a couple is married, the situation is not so problematic. Either one of the parents can watch the children, or the parents will agree on a babysitter. After divorce, the situation becomes much more complicated. So, what do you do if you are divorced and need to leave your child with someone else? It may depend on what your divorce agreement says.

The Right of First Refusal

Until recent years, Illinois law did not specify what should happen when someone other than the parents needed to watch the children. However, on January 1, 2014, a new law took effect that gives the other parent the right of first refusal. This legal statute requires parents in certain situations to offer the other parent the right of first refusal to watch the child.

For example, Parent A and Parent B may share joint custody of their child. The child may stay with Parent B for the weekend, but Parent B is called into work and needs a babysitter. If the couple’s divorce agreement stipulates a right of first refusal, Parent B will have to provide Parent A with the first opportunity to watch the child, before asking anyone else. If Parent A cannot watch the child, Parent B can then ask anyone they choose to watch the child.

Good news: Yes, indeed you can get a divorce in DuPage County Illinois right now. The DuPage divorce courts are open for business. In fact, now might be a good time to get a divorce since there are fewer divorce cases being filed.

I’ve heard the DuPage divorce Court is Closed Due to the pandemic. What can I do to get a divorce now in DuPage County?

Here’s what’s going on: in DuPage County, the same number of Divorce Judges are now available to resolve Divorce cases as there were before the pandemic but fewer cases are being filed.

Recently, the biggest change in the divorce cases in DuPage County is that DuPage divorce Judges will conduct them remotely using “Zoom.”  Person to person, face-to-face trials are fast becoming obsolete, a thing of the past.

Although each judge may make the decision that a case should be conducted in person and safety policies have been put into place. In practice, so far, there have been very few face-to-face trials for a good reason, not just a pandemic, it is simply easier on the Judge as well as the divorcing couple.

Our law firm has been practicing divorce law for more than 30 years. Over that time we have seen a complete rewriting of the Illinois divorce laws, including doing away with grounds for divorce which used to be an excuse to have a separate trial just to see if the divorce was going to be granted and then the court would proceed to divide assets and assign debt. Likewise, guidelines now exist for child support, maintenance [alimony] as well as written laws as to how assets are to be divided and debts to be assigned. All of these things have been calculated to make the divorce process as streamlined and rapid as possible so it comes as no surprise that the courts will make use of Zoom and not to require in person trials.

Getting a divorce is stressful for anybody, and seems even more overwhelming during these uncertain times. But don’t let everything that is currently taking place in the world, discourage you from moving forward. The attorneys and staff at Martoccio & Martoccio will ensure your divorce is given the attention it deserves and someone that you can rely on. To schedule a free consultation with one of our knowledgeable attorneys, call our office today at 630-920-8855.

All parents want to spend as much time as they can with their child, and that feeling continues even after divorce. In an effort to gain the most time possible though, parents often make mistakes that can actually hurt their child custody case and result in less time with their children. Below are some of the biggest mistakes made in these cases, as well as some tips on how to help you secure the most favorable outcome possible.

Parenting Less While Working More

Divorce is costly, and you may have many more expenses now or in the immediate future that you did not just a few months ago. Due to this, you may be tempted to put in more hours at work, but that is a mistake. The court wants to see that you are making an effort to be a large part of your child’s life and if you are working 60 hours a week, it could indicate that work is a bigger priority for you. This is not to say that you cannot work or even be extremely dedicated to your job. It only means that you should make a conscious effort to make plenty of time for your child, too.

Doing Only Fun Stuff

Parenting involves a lot of fun times and a lot of hard times, and it is important that you are there for all of them. If you are only interested in seeing your child when it is time to go to a baseball game or head out for ice cream, and you do not want to care for them when they are sick or get up in the middle of the night, it can hurt your child custody case. The court also wants to know that you are going to make any time with your child a priority, not just the fun times.

People going through a divorce have to think about the many different terms they will have to sort through, whether it is during mediation meetings or through litigation. One of the most common terms that comes up during a divorce case is spousal maintenance. Spousal maintenance is shrouded in many myths and misconceptions, so if you are going through a divorce, it is important to understand the truth behind this common term. To help with this, below are some of the most common questions about spousal maintenance, and the answers to them.

Are Spousal Maintenance and Alimony the Same Thing?

Yes. Although the Illinois Marriage and Dissolution of Marriage Act uses the term ‘spousal maintenance’ when talking about payments one spouse will make to the other after divorce, it has the same purpose as alimony.

Does the Lower-Earning Spouse Always Receive Spousal Maintenance?

No. Getting a divorce does not automatically give the lower-earning spouse the right to spousal maintenance. Spousal maintenance is awarded when a judge deems that it is appropriate for a specific situation and orders one spouse to make payments to the other following the divorce. A judge will consider 13 specific factors when determining whether to award spousal maintenance. These include the age, health, needs, vocational skills, and income, as well as the length of the marriage, and the parent that has custody of the children.

The word divorce is often associated with short marriages that were the result of a spontaneous weekend but truthfully, a marriage of any length can end in divorce. When a couple gets divorced after a long marriage, they will likely face issues that may not be present when a couple divorces after only being married for a short time. Below are the three most common issues that come up in divorce cases when a couple has been married for a long time.

Complex Property Division Issues

Property division is a complex issue in any divorce, but the matter becomes particularly complicated when the couple has been married for a long time. Property division relies on dividing marital property between separate property, and this is difficult after a long marriage. Over time, a couple’s separate property is likely to become commingled in joint bank accounts, meaning it may be subject to property division rules, even though it is separate property.

Other property division matters also become more complicated when a couple has been married for a long time. For example, both spouses may have accumulated savings in retirement accounts, and these must also be divided. If the spouses have an estate plan, it is also important to change these, as it is likely that the spouses named each other as beneficiaries.