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Parallel Parenting for High-Conflict Divorce Involving Children
Divorcing spouses without children can walk away from the relationship after their divorce is complete. Even if they are subject to spousal support orders or other court orders, they are not forced to interact with each other the way divorcing spouses with children are forced to interact.
In a high-conflict divorce case involving children, parents are often unable to work together to raise children through a cooperative co-parenting relationship. Parallel parenting may offer an opportunity for high-conflict parents to reduce interaction and mitigate conflict while prioritizing their child’s best interests.
Restricting Communication to Reduce Conflict
Research shows that conflict between parents has a profound effect on children’s development and wellbeing. Being exposed to parental arguments increases a child’s risk of developing depression, anxiety, and behavioral issues. Studies have found that high-conflict homes can even lead to reduced cognitive performance. Parallel parenting seeks to reduce the conflict between divorcing or divorced parents by reducing the amount of interaction between the parents.
My Ex is Trying to Restrict My Parenting Time, What Can I Do?
In Illinois, physical custody of a child is called “parenting time.” When a parent has concerns about a child’s safety with the other parent, he or she may ask the court to impose certain parenting time restrictions. For example, a parent may request that the other parent’s parenting time be supervised by a third party. This is sometimes called “supervised visitation.”
If your child’s other parent or another party is seeking to restrict your parenting time, contact a child custody lawyer for legal advice and support specific to your situation.
When Can the Court Limit a Parent’s Parenting Time?
Illinois law presumes that both parents are capable of providing a safe, loving environment for their children. The court only restricts parenting time if the court finds that unrestricted parenting time would “seriously endanger the child’s physical, mental, moral, or emotional health.”
How is Inheritance Handled in a DuPage County Divorce?
In any divorce case, there are important financial issues to be determined. The spouses' assets and debts will need to be identified, classified, valued, and divided. Spouses may also be subject to child support and spousal support obligations.
If you are getting divorced, you may have questions about how your money and property will be dealt with. Specifically, you may wonder whether assets you received through inheritance are subject to division. Typically, inheritance is not divided between spouses in an Illinois divorce. However, as with many financial concerns during divorce, the answer is not always this straightforward.
Marital Versus Non-Marital Property
In Illinois, property in a divorce falls into one of two categories: marital property and non-marital property. Marital property belongs to both spouses while non-marital property only belongs to one spouse. Typically, any asset or debt that a spouse earns during the marriage is classified as marital property. However, inheritance is an exception to this rule.
How Can I Legally Adopt My Stepchild?
Being a stepparent can be challenging. However, it can also be deeply rewarding. Many times, a stepmom or stepdad becomes an essential figure in a child's life, acting as if he or she was the child's biological parent. However, stepparents do not have the same rights as biological parents. For example, if a stepparent divorces the child's biological parent, the stepparent has to no right to parenting time with the child. For this reason and many others, some stepparents choose to legally adopt their stepchildren.
Stepparent Adoption When the other Parent Consents
The law says that children can only have two legal parents or guardians. If you want to adopt your stepchild and both of the child's biological parents are still living, one of the parents will need to relinquish his or her parental rights. In some cases, biological parents see that stepparent adoption is in their child's best interests. They fully cooperate with the adoption and willingly relinquish their own parental rights so that the stepparent can become the child's legal parent. If a biological parent agrees to the adoption, the stepparent adoption process is relatively straightforward. However, some parents refuse to give up their parental rights to allow the adoption to occur, even if this is in the child's best interests.
5 Reasons to Consider a Prenuptial Agreement Before You Get Married
If you are engaged to be married, congratulations! Marriage can be a wonderful way to formalize a committed relationship. However, marriage is not without financial risk. One way married individuals can mitigate the financial risks associated with marriage and protect their financial future is by creating a prenuptial agreement.
Prenuptial agreements are becoming more and more popular, especially among millennials. In a study conducted by the American Academy of Matrimonial Lawyers, over 60 percent of the lawyers surveyed noticed an increased number of engaged couples seeking prenups. The increase is not surprising given the significant benefits associated with prenuptial agreements for both spouses in a marriage.
Top Benefits of Utilizing a Prenuptial Agreement
Prenuptial agreements, or prenups, are often misunderstood. These legal tools are not only useful for extremely wealthy couples. They provide benefits for married individuals of all ages, lifestyles, and income levels. Prenuptial agreements can provide benefits including:
Getting a Fair Child Support Order When a Parent Makes Money "Under the Table"
Divorced parents and parents who never married are often subject to child support orders. Child support is a method for splitting the cost of raising a child between parents who are no longer together and ensures that the child will receive financial support from both parents. In 2016, Illinois changed the way child support is calculated. The amount that a parent pays is now based on both parents' net incomes, not just the paying parent's net income. Lawmakers changed the child support calculation method in order to ensure that child support obligations are fair and reasonable, given both parents' financial circumstances.
Before the court can calculate child support, parents must disclose all forms of income to the court. Unfortunately, some parents fail to disclose the income they earned "under the table." How can parents get a fair child support order if a parent receives cash income and fails to disclose it?
Child Support for a Child with Autism, Down Syndrome, or another Intellectual Disability
Childcare, medical expenses, afterschool tutoring, clothes, and groceries are just some of the many child-related expenses parents must manage. When a child is disabled, there are often additional expenses including specialized medical care and educational serves. If your child has an intellectual disability such as autism spectrum disorder, fetal alcohol syndrome, fragile X syndrome, or down syndrome, you may be able to extend the length of time that you receive child support from your child’s other parent.
Understanding the Cost of Intellectual Disabilities
Parents of children with disabilities often face a unique set of challenges both personally and financially. Raising neurotypical children is already expensive, but children with disabilities often require special medical care, therapy, educational services, and caregiving. The organization Autism Speaks estimates that the average lifetime cost of these services for a person with an intellectual disability is $1.4 to $2.4 million. Social Security Disability Income (SSDI) and other programs may help mitigate costs, however, government assistance is often not enough to cover all of these expenses.
Finding Hidden Assets in the Age of Digital Currencies
The cryptocurrency finance market has grown quickly in the last few years. What was once a niche investment that many assumed would be a waste of money has now become mainstream. As more and more people invest in cryptocurrency and NFTs, these assets are increasingly used as vehicles for hiding money in a divorce. Divorcing individuals deserve a fair share of the marital estate – including a fair share of any digital currencies. If you are getting divorced and you believe your spouse is hiding assets using crypto or NFTs, contact an experienced divorce lawyer for help.
Cryptocurrency May Be Used to Shield Assets from Division During Divorce
When spouses divorce, they can either negotiate an agreement about how to divide assets and debts or allow the court to decide for them. When the court divides assets, each spouse receives an equitable, or fair, share of property based on the spouses’ current financial circumstances, future earning capacity, and other factors.
Divorcing a Narcissist: A Survival Guide
The term “narcissist” technically refers to an individual with narcissistic personality disorder. However, the term may also refer to someone with narcissistic traits who has not been officially diagnosed with any mental health conditions. No divorce is easy, but narcissists often make the process of divorce much harder than it has to be. If you suspect that your spouse is a narcissist, your divorce may be frustrating and complicated. However, there is light at the end of the tunnel.
Signs Your Spouse is a Narcissist
Many narcissists have an exaggerated sense of self-importance. They usually need a great deal of attention and admiration from others. Individuals with narcissistic tendencies may also lack empathy or sympathy towards others. Many people married to narcissists are initially charmed by their partner’s words and behavior. Your spouse may have been kind and loving when you were dating but then changed once you got married. Narcissists are often intelligent and manipulative. They may use gaslighting, intimidation, and psychological tricks to get what they want.
Your Questions About Contested Divorce in DuPage County, Illinois
Deciding to get divorced is often just the start of a long, complicated process. Many people embarking on a divorce feel overwhelmed and confused. There are so many factors to consider and countless questions to answer. Fortunately, you do not have to face divorce alone. A skilled divorce lawyer can explain all of your options and help you take the next steps.
What is a Contested Divorce?
An uncontested divorce occurs when spouses agree on all the terms of the divorce, including property division, child custody, and spousal support. A contested divorce occurs when spouses cannot reach an agreement on one or more issues. For example, the couple may agree on how to share parenting time and parental responsibilities but not how to divide marital property.
Can I Avoid a Contested Divorce?
Some couples are able to reach an agreement on all of the divorce issues without litigation. Alternative resolution methods like mediation may help the couple resolve their disagreements and come to a compromise. The spouses’ lawyers may also be able to negotiate on the spouses’ behalf and help them reach an agreement. Unfortunately, a contested divorce is sometimes unavoidable.
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