For divorcing couples interested in resolving their divorce amicably and with minimal involvement of the court, mediation is often a viable method of alternative dispute resolution. Even in a contested divorce, the court will sometimes order the spouses to attempt mediation to resolve some of their agreements. Whether you are preparing for mediation voluntarily or by court order, it is important to know what to expect, including whether it is a good idea to hire an attorney for the process.

Mediators and Attorneys Play Different Roles

In mediation, you and your spouse will meet with a trained mediator who will help you reach an agreement on the various aspects of your divorce resolution, including property division, spousal support, child support, and the allocation of parental responsibilities and parenting time. Many mediators are also licensed attorneys who have a thorough understanding of the laws governing divorce proceedings in Illinois. However, their role in the mediation process is not to provide legal advice or advocate on behalf of either party. Rather, they must remain neutral and impartial, helping the parties identify common ground and make progress toward an agreement on their own terms.

A divorce attorney, on the other hand, is a representative for one of the parties. If you hire an attorney, they represent you alone. Their role is to advocate for you and your interests throughout the divorce process, whether in amicable negotiations or contested litigation. Your attorney can also provide you with qualified legal advice and help you fulfill all legal requirements to finalize your divorce. Importantly, an attorney cannot represent both spouses even in an uncontested divorce, as this would create a conflict of interest.

In Illinois, minor children and disabled adults sometimes require court-appointed guardians to help them take care of their regular needs and manage their finances. Guardianship cases are handled in probate court, and they can involve many complicated issues, including competing claims and questions as to whether guardianship is necessary. In order to prepare for these complications, it is important to understand the fundamental issues at hand—namely, who will serve as guardian of the person and guardian of the estate.

Guardianship of the Person in Illinois

A guardian of the person is responsible for the person’s care. In a minor guardianship case, the guardian of the person has many of the same duties as a parent, including making sure the child has adequate food, clothing, and shelter; providing for the child’s hygienic and medical needs; taking responsibility for the child’s education and extracurricular activities; and making important decisions regarding all of these matters. A guardian of the person may be appointed for the short term, perhaps if the parents are temporarily unable to care for the child, or for the long term, perhaps after the parents’ death or abandonment of the child.

The duties of a guardian of the person in an adult guardianship case are similar, including the responsibility to provide for the ward’s care and health and the authority to make decisions in their best interests. Sometimes, the guardian is also responsible for caring for the ward’s minor children. However, the extent of the guardian’s responsibilities is determined based on the ward’s needs. For example, a ward could be mentally capable of making their own decisions, while requiring the guardian’s assistance with their physical care.

If you own a business, it is likely one of your most valued properties, if not the property that is the most important to you. A business represents the investment of time, money, and effort, and it is often crucial to your ability to support yourself. As such, the thought of something happening to your business in a divorce can be extremely concerning. However, if you thoroughly prepare for the divorce process, you can effectively address many of the issues that often affect business owners.

How Does a Business Affect the Divorce Process?

Illinois business owners should be well informed about all of the following issues that may arise during their divorce:

• Marital and non-marital property - Illinois law defines what qualifies as marital property, which belongs to the couple and must be divided in a divorce, and non-marital property, which belongs to each spouse individually. Business owners should determine whether their business qualifies as a non-marital asset, perhaps because they owned it before the marriage or inherited it from a family member, or because they have a prenuptial agreement that excludes the business from the marital estate.
• Business valuation and division - When a business qualifies as a marital asset, it is important to determine an accurate valuation before deciding how to address it in the division of marital property. A business can be valued based on its assets, income, or market value. Options for dividing a business in divorce include selling it and dividing the proceeds, distributing ownership shares, or having one spouse buy out the other.
• Spousal maintenance - Business owners who want to retain full ownership of their business will often need to compensate their spouse in other ways. One common option is spousal maintenance, otherwise known as alimony or spousal support, through which one spouse makes regular payments to the other for a defined time period.
• Child support - Business owners with young children will be required to contribute to child support after a divorce. Since Illinois child support obligations are calculated based on each parent’s income, business owners often face additional challenges when it comes to demonstrating the monthly income that their business brings in.

Contact a DuPage County Divorce Lawyer

If you need help protecting your business assets during your divorce, Mevorah & Giglio Law Offices can provide it. We have extensive experience representing clients throughout all aspects of the divorce process, and we will work to ensure a fair resolution in your case. Contact a Lombard, IL family law attorney today for a free consultation by calling 630-932-9100.

When parents get divorced, their children’s best interests and well-being are paramount when determining an appropriate allocation of parental responsibilities and parenting time. In many cases, protecting a child’s best interests means ensuring that they can spend significant time with both parents after the divorce. However, there are situations in which restricting parenting time is necessary to ensure a child’s safety.

Grounds for Restricted Parenting Time

In Illinois, it is fairly common for a parenting time schedule to allocate more time to one parent than the other, whether because the parents agree to this arrangement or the court determines that it best meets the children’s needs. However, a parenting time restriction is a much more serious matter, and it is only ordered by the court when there is sufficient evidence that a parent has endangered a child’s physical or mental health or development. In some cases, a restriction will reduce or even eliminate a parent’s allocated parenting time, but other options are available to the court depending on the circumstances.

 The appropriate restriction measures often depend on the reason why the restrictions are necessary. For example:

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