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900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

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Subscribe to this list via RSS Blog posts tagged in allocation of parental responsibilities

Lombard family law attorneysOne of the biggest challenges of being a parent is the responsibility to make important decisions that affect the lives and well-being of your children. Married parents at least have the benefit of being able to confide in and consult with a trusted partner when making such decisions, but for divorced or single parents, this is often not the case.

Even co-parents who get along and communicate well must cope with the challenge of raising their children between two different households, and co-parents who are in conflict with each other tend to face even more significant obstacles. The way that you and your co-parent share decision-making responsibilities depends largely on your family’s unique situation, but an experienced attorney can help you work toward an effective arrangement.

What Kinds of Decisions Are Considered to Be Significant in Illinois?

Under Illinois law, parents have the discretion to make routine decisions regarding their children during their allocated parenting time. However, certain types of significant decisions are governed more specifically according to the terms of a parenting plan. These include decisions regarding:

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Naperville dissolution of marriage lawyer

In Illinois, marriage dissolution, or what is most commonly referred to as divorce, is the sole means by which a couple can legally terminate their marriage. The termination itself requires a judgment entered by the court, which a judge will issue after the couple agrees to the terms of the divorce. If the couple cannot reach an agreement, then a judge will decide the marital and child-related issues, including the allocation of parental responsibilities and other matters, such as division of property and assets or spousal maintenance (alimony). It is not unusual for one of the spouses to decide to move out of state while the divorce proceedings are going on. In some cases, circumstances such as a job transfer make the move necessary. In other scenarios, however, a spouse may decide to move in an attempt to get a better outcome or even contest the divorce. 

Challenging the Final Divorce 

Your spouse moving out of state during divorce proceedings should not prevent your divorce from becoming final. This is because once you meet the requirements for filing for divorce in Illinois, your divorce proceedings will continue until the divorce is made final by the court entering a judgment in your case.

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Illinois family law attorneysIn Illinois, divorcing parents must determine the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) will be split among them. Unfortunately, this sensitive matter can create a lot of tension, and parents may struggle to come to an agreement. If this happens, the decision may be left up to a judge. Learn more about how child-related matters are decided upon in an Illinois divorce, and how an experienced attorney can help with your case.

Parents Usually Start with a Parenting Plan

Typically, the first step in determining the allocation of parental responsibilities and parenting time is the completion of a parenting plan. Done either jointly or separately, this plan must be submitted to the court within 120 days of the divorce petition (unless an extension is filed). If parents are unable to agree, they may attend alternative dispute resolution (i.e. mediation) to work out their differences.

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Illinois divorce lawyersDivorce can bring on a confusing mix of emotions and high levels of stress. Often, this is because couples are not certain of what to expect during the process. Rest assured that, although every divorce is unique, many contain similar aspects. Though complex and different in their application from one divorce to the next, understanding these major and common issues can help reduce the anxiety that you may be feeling and prepare you for the journey ahead.

Division of Marital Assets

Unless you and your spouse developed a comprehensive, well-planned prenuptial agreement, it is likely that you will need to go through the division of marital assets. Despite common misconception, this is not a 50-50 split in Illinois. Instead, Illinois is an equitable distribution state, which means you and your spouse will split your property, assets, and debts in a “fair” manner. What equitable means will vary from one couple to the next, and how each couple determines it will depend greatly on their situation.

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Illinois family law attorneysEarly studies on children of divorce found that divorce negatively impacted children in all sorts of ways. They struggled in school, found it difficult to adjust, suffered psychological problems long into adulthood, and often experienced issues in their own adult relationships. Divorce has changed a lot since then – it is more common, more socially acceptable, and it is far more likely that both parents will continue to be a part of the child’s life after the divorce. However, more recent studies have found that the effect of divorce on children has changed very little.

Possible Negative Effects of Divorce on Children

There is no shortage of studies on children of divorce. One published in Journal of Youth and Adolescence found that twice as many children from divorced families experienced a condition known as “destructive parentification” – a situation in which the child takes on parental responsibilities, possibly even caring for the parent themselves. The effect was found to be long-lasting, carrying into many of their adult lives. Many went on to experience anxiety or depression of their own and struggled with forming healthy romantic relationships.

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