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Naperville IL family law attorneyIn today’s world, most divorces are settled in some sort of amicable fashion. As the understanding of family, child, and adolescent psychology has evolved in the past couple of decades, family courts have increasingly advocated for couples to settle their issues in agreement with one another, which can lessen the burden on everyone. Unfortunately, however, not everyone is able to do this. Some couples end up in contentious situations that breed resentment that follows them into their post-divorce life.

Child-related issues such as parenting time and parental responsibilities are very emotionally driven topics that are often the cause of disputes after the divorce is final. Sometimes, a parent can take a dispute to the extreme and begin to interfere with the court-ordered parenting plan, which causes even more stress for the family.

Creating a Parenting Plan With Court Intervention

When you get a divorce as a parent in Illinois, one of the things you are required to do prior to finalizing the split is submit a parenting plan to the court. A typical parenting plan contains detailed information about how you and your spouse will parent your child from this point forward. This information will include things such as how parental responsibilities will be allocated to each of you and how parenting time will be distributed. If you and your spouse cannot agree on the terms of your parenting agreement, the court will intervene and make the final determination, though this can leave some parents unhappy with the court’s decision.

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Naperville IL parenting time attorneyAfter the divorce process has been initiated, one of the most difficult things for parents to adjust to is the change in their parenting schedules. Instead of seeing and spending time with your child every day, you might only be spending a few days with your child each week. For many parents, this can feel as if they never get to spend enough time with their children. One option that can help a divorced parent spend more time with their children is including a clause known as the right of first refusal in the parenting agreement. An Illinois family law attorney can help you draft a parenting plan that includes this provision.

What is the Right of First Refusal in a Parenting Plan?

The right of first refusal means that when one parent is unable to take care of the child during their scheduled parenting time, they are to first check with the other parent to see if they would like to care for the child before making alternative child care arrangements. The idea behind this is to allow both parents to spend as much time with their children as possible rather than resorting to another option, and in some cases, it may even help parents save on child care costs.

Awarding the Right of First Refusal

As with the parenting time schedule, it is preferred if the parents can agree to a plan for the right of first refusal between themselves. However, if the parents are unable to do so, the judge will determine whether or not awarding the right of first refusal to one or both parents would be in the child’s best interest. To make this determination, the judge would use the same criteria that are used when making decisions on parenting time.

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Naperville IL family law attorneyIn many divorces, the most contentious issues tend to be those involving the children. Both parents are usually concerned with protecting their rights, and it is not uncommon for parents to disagree on issues such as the allocation of parenting time and decision-making responsibilities. Even after the dust has settled, these disagreements can be dragged up again and get even more heated when one of the parents requests a modification to the parenting plan because of their intention to relocate with the children. If you are opposed to your former spouse’s relocation, you may have options to prevent it from happening.

Prior Notice of Relocation Must Be Provided

If your ex-spouse wants to move from their current residence to a new residence and take your children with them, they are not always able to do so without your permission. In some cases, a parent’s move is considered a relocation, which requires certain prior documentation and notice to the other parent before the relocation can take place. A notice must be provided to you prior to the relocation if the other parent’s new residence will be:

  • More than 25 miles away from the child’s current residence in Lake, Will, DuPage, McHenry, Kane, or Cook Counties.

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Naperville IL marital property division attorneyGetting a divorce often makes people feel like they are diving into the great unknown. From the moment you and your spouse make the decision to split up, there are many changes that should be anticipated. Some of the biggest changes that take place during a divorce have to do with your finances and how your assets are distributed. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that each spouse is supposed to get an equitable share of the marital estate, which may not always work out to be an equal share. However, when it comes to certain assets, such as those obtained through an inheritance or family wealth, property division can become tricky because each situation is different from the next.

Determining Your Marital and Non-Marital Property

Prior to actually dividing any of your property, your attorney will want to determine which of your properties are marital assets and which are non-marital assets.  According to the IMDMA, in general, any asset acquired by either spouse prior to the marriage is considered to be non-marital property that is not subject to division during a divorce. Any asset that is acquired by either spouse during the marriage is considered to be marital property, which is subject to division during a divorce. There are a few exceptions to the marital property rule, however. Assets that are obtained during a marriage can be considered non-marital property if the asset:

  • Was given as a gift, acquired by legacy or descent, or acquired in exchange for such property

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DuPage County divorce attorneyDivorce is no doubt one of the most stressful things a person can experience in their lifetime. Even for adults, coping with the stress of a divorce can be difficult, but for a child, it can be nightmarish. Children are not nearly as developed as adults are in any sense, whether that be emotionally, physically, or mentally. As such, children tend to have a much more difficult time coping and dealing with the impact of the divorce than their parents, especially if the divorce is particularly contentious. For many parents, the well-being of their children is the most important thing and at the top of their list of concerns, and if they are struggling to cope with your divorce, it may be beneficial for them to talk to a family therapist.

Signs That Your Children Are Struggling to Cope

Here are a few signs that may indicate that your children need help:

  • Frequent Outbursts or Displays of Aggression: Children are still learning important skills, like emotional control and regulation. Some children may express their strong emotions by lashing out in anger, throwing tantrums, being disobedient, or otherwise acting completely out of character.

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