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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
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DuPage County parenting plan lawyer

The emotional upheaval brought on by divorce in the family can be exhausting and intense. It can take a significant amount of time for everyone to process the event, regardless of how amicable the decision to separate may have been. The end of a marriage is particularly difficult for any children involved, as they are suddenly confronted with not only the reality that their family is changing, but also the realization that they must accept and adjust to new routines and essentially a different way of life. The result of such a big transition is a lot for children of any age, and emotional distress is both natural and inevitable. Just as adults process loss in their own way and in their own time, so too do children of divorce.

Providing Emotional Support for Your Children 

It is common for parents in the midst of divorce proceedings to struggle to find the energy to extend to their child, who also needs comfort and support during such a trying time. Practicing basic self-care during the transition is critical, so you are able to recharge and be emotionally available for them. However, even under strained circumstances, there are many strategies and attitudes you can adopt that can help lighten your child’s burden, make them feel safe and loved, and maybe even lift their spirits. Here are four ways every parent can reduce the stress of divorce for their child:

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Naperville ADR divorce lawyer

Marriage is not for everyone; however, there are those people who enter into marriage believing they can make it work and last a lifetime. Unfortunately, even for those couples who give it their best, they may ultimately decide to divorce. Indeed, most recent statistics available show that more than 22 percent of couples marrying for the first time end up divorcing in less than five years, while 53 percent of all marriages dissolve by the 20-year anniversary. Although divorce proceedings are usually carried out in court, litigation is not always necessary to legally terminate your marriage.

Alternative Dispute Resolution

There is a growing trend for couples to use other means to resolve the issues involved in ending their marriage, and these methods are known as Alternative Dispute Resolution (ADR). Mediation is one of the most common types of ADR, and during this process, divorcing spouses will work with a third-party mediator to address and resolve all legal issues involved in dissolving their marriage. The process is confidential and non-binding. This means if one spouse does not agree with the mediator’s proposed resolution of an issue, they will not be required to follow it, and any issues that cannot be resolved may be addressed through litigation in court. The mediator can help resolve issues typically involved in divorce, such as:

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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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Naperville asset division attorneysIllinois is an “equitable division” state, which means the judge presiding over your case will determine what is fair when dividing marital property between you and your spouse during a divorce. However, the judge does not arbitrarily decide what is fair and equitable. Rather, the judge must follow factors provided under Illinois law which are listed below.   

What Constitutes Marital Property?

Marital property under Illinois law means all property, including assets and debts, acquired by either spouse subsequent to marriage with very few exceptions. By this definition, property acquired prior to marriage is not included, except in certain special circumstances.

What Factors Will the Court Consider in Dividing Marital Property?

In equitably dividing marital property, Illinois property division courts are guided by several considerations established under the law, which include the following:

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Lombard Divorce AttorneyWhen parents with minor children divorce in Illinois, the court asks them to submit a mutually agreed parenting plan that includes an allocation of parenting time and decision-making responsibility. The court will approve that plan as long as it appears to be in the best interests of the children. However, if the parents cannot agree, the court will have to determine the parenting plan. To ensure that the court has enough information to make decisions in the best interests of the children, the court may appoint a guardian ad litem (GAL) to conduct an investigation and report back to the court. A parent may also ask the court to appoint a GAL if they believe that the court needs to hear an independent perspective on certain matters, e.g., a child’s special needs or the fitness of a parent to care for a child.

What Does a Guardian Ad Litem Do in an Illinois Divorce Case?

A guardian ad litem is an independent attorney who acts as an investigative arm for the court. The GAL does not represent the wishes of either parent nor the wishes of the children. Rather, their goal is to help the court make decisions that are in the best interests of the children. While the court will listen to each parent’s individual perspective, the GAL’s perspective will be given substantial weight as a trusted representative of the court.

The GAL’s investigation will generally include:

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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