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It may seem like there are “experts” all around you when you share that you are considering divorce. Friends, family, neighbors, and others without a legal background will tell you all about their own experiences. However, it is important to take their advice with a grain of salt: You should only trust a qualified Illinois divorce attorney with these types of proceedings to ensure protection of your legal rights. Look out for some of the most common myths about divorce and steer clear of taking any action based on misinformation.
You Must Win the Race to the Courthouse
There is no advantage if you are the first to file for divorce; both spouses to a marriage have equal rights and obligations under Illinois law. The first spouse to file is not called a “plaintiff” in divorce cases and there are no negative connotations due to the other not being called a “defendant.” The person who initiates the divorce is termed the petitioner and the other is the respondent.
If you are planning to file for divorce in Illinois and have already set up an appointment with a lawyer, you have made a wise decision. Having an experienced attorney on your side ensures protection of your legal rights throughout the divorce process. You can take another step in the right direction by being prepared for the meeting because you will gain the most out of the consultation when you know what to expect. While every case is different, here is a checklist of some of the items you may discuss with an Illinois divorce attorney during your initial appointment.
Issues Related to Children
If you have minor children, you should discuss your current situation and potential plans for raising them post-divorce. Of critical importance to a court is the parental responsibilities and decision-making, living arrangements, and financial support. However, there are other factors to consider, such as tax implications and planning for college. Many of these issues will be addressed in a parenting plan that you must file in court within 120 days of filing your case. Therefore, make sure your lawyer is aware of all issues related to children.
If you are in a situation where you fear for your own safety due to the actions of another person, Illinois law does provide you with options to protect yourself. Sometimes termed a “restraining order,” an order of protection can prevent harm by mandating that an abuser avoid contact or communication with you. It is critical to consult with an experienced DuPage County restraining order attorney about the three different types of orders of protection right away, before any further violence impacts your life.
Emergency Orders of Protection
Under Illinois law, you can obtain an emergency order to protect against violence solely through your own testimony to a judge, without the typical procedural rules that would apply in other cases. You do not have to notify the abuser and he or she does not have to appear in court, when the harm you are trying to prevent will likely happen if proper notice is delivered.
Whether you are caring for a minor child, a developmentally disabled adult, or another person with special needs, certain situations may require you to go through guardianship proceedings to act on that person’s behalf. Illinois law provides for different types of guardianship matters depending on your circumstances.
Guardian of the Person
When a person is appointed the guardian of the person, he or she is responsible for the ward’s support, comfort, healthcare, educational needs, and other matters relating to personal care. The intent of the personal guardian is to aid the ward with guidance on these aspects of life, while also promoting self-reliance and an appropriate level of independence. Typical duties of a personal guardian may include fixing meals, arranging for medical care, reviewing medical records, and procuring necessary services and living accommodations.
Guardian of the Estate
If you are a parent who receives financial support for minor children by court order, you may be familiar with certain Illinois laws that allow you to pursue the payor to enforce payment for amounts due. However, the matter may be more complex if the paying parent lives or has moved to another state.
Federal law includes regulations that may provide you with a legal remedy in certain cases when the other parent fails to abide by child support obligations. It is wise to discuss federal law on child support enforcement with an experienced child support lawyer and understand some of the basics.
Failure to Pay Child Support Obligations: A Crime Under Federal Law
Like Illinois, federal law is tough on parties that fail to pay child support when under a court order to do so: As proof, the law is located under the Crimes and Criminal Procedure section of the United States Code, providing different types of punishment for those who violate support obligations. At the federal level, however, enforcement efforts only apply in situations where the non-paying parent:
Typically, the order finalizing your divorce contains the arrangement for the decision-making, parenting time, and other details regarding raising a minor child. However, it may not be so clear what happens if the residential parent seeks to move. The legal requirements of relocation depend on where the child currently lives and the distance of the new address, so you should discuss the specifics of your situation with an experienced DuPage County parental responsibilities attorney.
Whether the child lives with you or the other parent, it is important to understand the process of relocating a minor child after divorce.
Parent’s Duty to Notify
Under Illinois law, the parent who wants to relocate the child must give written notice of the intent to move to the other parent. This notice, which must also be filed with the court, needs to include the date of relocation, new address, and any other relevant details. The notification must be provided to the non-residential parent at least 60 days before the move.
If you receive a notification involving child abuse allegations from the Illinois Department of Children and Family Services (DCFS), it is important to understand your options if you want to contest the claims. The DCFS is entrusted with the protection of children and the agency takes investigations seriously, but you do have rights under the law. A DuPage County DCFS defense lawyer can provide more detail about your specific situation; however, answers to the more common questions may be useful.
What is a Notice of Indicated Finding?
Any person who comes into contact with your child may file a report with DCFS if he or she believes there has been abuse or neglect. The DCFS immediately begins an investigation into the allegations and will enter an “indicated finding” if there is credible evidence of abuse. You will receive a notification of an indicated finding and the information will also be reported to the State Central Register, where it will remain for anywhere from five to 50 years depending on the circumstances.
Your circumstances can change considerably in the months and years after your divorce, especially your financial situation. The spousal maintenance arrangement ordered by the court as part of the dissolution of marriage process may not be appropriate anymore, but you do have options for amending the terms. While you should discuss the specifics for modifying spousal support with an Illinois divorce lawyer, an understanding of certain general information may prove helpful.
State Law on Spousal Maintenance Modification
The Illinois Marriage and Dissolution of Marriage Act provides that an order for spousal maintenance can be modified by showing a “substantial change in circumstances.” Both the ex-spouse receiving support and the one paying it can request a change to increase, decrease, or terminate maintenance payments. The law lists a number of factors indicating a substantial change in circumstances, including:
Child support is not just an issue that is between parents, but also a matter of concern for the state of Illinois. The state has an interest in making sure that all of the children in it are provided for. Therefore, the state has child support services that both parents can use to help make sure that child support is paid on time and in full.
The child support services department is part of The Illinois Department Healthcare and Family Services. While the state offers many different kinds of child support services, there are several things that can only be done with the assistance of a knowledgeable child support attorney.
Paternity
There are several services related to child support that the state provides. One provided service is related to paternity. It is important to establish paternity so the child will have a legal right to child support, inheritance, and certain government benefits. Paternity can be established by being married to the mother, signing a voluntary acknowledgement of paternity, or by a judicial or administrative determination. The child support enforcement agency can help you with the paternity process if necessary and may even pay for genetic testing.
If you are currently going through divorce proceedings, you are probably aware that the court will address the needs of minor children. There are many considerations that will factor into a judge’s decision on parental rights and obligations, all of which focus on an arrangement that accounts for the best interests of the child. You should consult with a DuPage County parental responsibilities lawyer about your situation; however, some general information is a good start.
Parental Rights and Responsibilities
There are two primary considerations involved with a parent’s legal obligations and rights in Illinois:
Decision-Making
This area covers a parent’s duty to make the choices involved with raising the child, and it includes decisions on:
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