Recent Blog Posts
3 Ways to Remind Your Child That Your Divorce Is Not Their Fault
When children are facing the difficult reality that their parents are getting divorced, they might respond by internalizing the conflict between the adults. Most children are generally not privy to the many arguments behind closed doors and disagreements that the parents have had for many years. As a result, children may turn inward and blame themselves for their parents’ failing relationship, as well as for the divorce itself. While you might realize that your divorce has nothing to do with your child, they might not be so sure, and it is your job to help your child to stop accepting the blame.
#1: Talk Openly and Carefully
If a divorce is coming, you and your spouse should make every effort to speak with your child together about what will soon be happening. You must be very clear that the split is due to issues that you and your spouse have with one another. Your child did not break the marriage, and they cannot fix the marriage. Also, be sure to talk to your child in a manner that is appropriate for their age, including the details you choose to share. For example, it might be true that the stresses of child-rearing did cause damage to the relationship between you and your spouse. However, if you say that to your second grader, they could interpret that as you saying that he or she caused your divorce by simply existing.
Do I Need to Establish Paternity?
Questions or disputes over paternity are very common, especially when the parents of a child have already separated or never had a formal relationship in the first place. Prospective mothers, who may be facing pregnancy and childbirth without a partner, are often torn between the benefits of establishing paternity and the drawbacks of establishing a permanent legal relationship between a child and a man whom she may not trust or know very well - or worse, that she fears.
If you are pregnant or recently gave birth to a child and are wondering whether the benefits of establishing paternity for your little one outweigh the potential risks, it is important to speak with an Illinois paternity lawyer who can help you explore your options and make an informed decision. If you do decide to move forward with a paternity suit, your attorney can help you manage that so you do not have to navigate the complex Illinois family court system alone.
Can a Parent Be Required to Pay for an Adult Child’s College Expenses?
College is notorious for being exorbitantly expensive; even if a child attends an in-state school, they could be paying tens of thousands of dollars a year to earn a degree in a field that may or may not have good prospects for future financial success.
Many parents, especially those who are divorced and who do not share values and priorities, are torn over whether the cost of sending a child to college is ultimately worth it. While parents who are still married cannot be compelled to pay for an adult child’s college education, many parents who are divorced may be surprised to learn than they can be. If you have a child approaching college age and you are wondering about your child support obligations regarding their university tuition, read on and then contact an Illinois adult child support attorney for advice in your specific case.
Parents Can be Ordered to Pay for a Child’s College Degree in Illinois
What if My Ex Wants to Send Our Kids to a Different School?
After parents of minor children get divorced or break up, they need to formalize several different categories of arrangements that will determine how the co-parenting process will work. This can involve a lot of frustration and negotiation as parents, who are often separating precisely because they have fundamental differences in values and judgment, struggle to reach an agreement about what is best for their children.
One of the most common areas of conflict has to do with a child’s education. Where should the child go to school? Should both parents be expected to ensure a child’s homework gets done and turned in? What if one parent wants a private or parochial education for their child and the other does not? These are all important questions that need to be answered in a parenting plan, which will be approved by a judge and enforced by Illinois family law courts.
How Do Co-Parents Make Decisions About a Child’s Education?
Is a Cheating Spouse a Good Enough Reason to Get Divorced?
In times past, people had to prove fault when they wanted to get divorced. This meant bringing evidence before the court that their spouse was abusive, cruel, neglectful, or had abandoned the family. Now, however, thanks to an updated family law code, the only “grounds” for divorce in Illinois is irreconcilable differences, meaning that the relationship has broken down and does not stand a chance of recovery.
On a theoretical level, at least, most people would agree that infidelity is a good enough reason to end a marriage. When it actually happens, however, people often feel more torn; is one instance of infidelity enough to end a marriage, especially one that has gone on for many years, involves young children, and is generally happy? What about ongoing infidelity? While only you can answer this question, knowing a little about how cheating can impact divorce proceedings in Illinois may help you make the decision about divorce for yourself.
Should We File for an Uncontested Divorce?
The divorce rate in Illinois and across the nation is continuing to drop, and couples who do get divorced are generally doing so more deliberately than past generations. Because many Millennials and Gen Zers grew up watching their parents fight their way through miserable divorces and custody battles, these generations have shifted their focus to finding a more peaceful divorce process whenever possible.
An uncontested divorce is one way that couples who want to get divorced can reach an agreement on important issues like property division, spousal support, and a parenting plan. However, even if you are sure you and your spouse agree on everything, it is important to work with an attorney to make sure your proposed agreement is both fair and within the bounds of the law.
When is a Default Judgment Granted in an Illinois Divorce?
When a couple decides to get divorced, both spouses usually agree that the relationship has come to an end and participate in the divorce process together. Sometimes, however, one spouse opposes the divorce and refuses to cooperate. Other times, a spouse is missing and cannot be located. In these cases, the partner who wants to file for divorce may be desperate to get out of an abusive, unhappy, or defunct relationship but may not be sure where to begin. Fortunately, something called a default divorce judgment is available in Illinois that may be useful to people to find themselves in these situations.
An Uncooperative Spouse
In times past, spouses could prevent the finalization of a divorce simply by not participating in the divorce process or by contesting the other spouse’s alleged version of events. This left many people trapped in unhappy or abusive marriages. Now, when one spouse files for divorce, the other spouse has only 30 days to file a response (except in certain cases, such as with deployed military spouses). If a spouse decides not to respond in time, the spouse who initially filed for divorce can petition for a default divorce and the proceedings will move forward without the participation of the other spouse.
An Overview of the Right of First Refusal in Illinois Parenting Plans
In 2014, Gwyneth Paltrow and Chris Martin announced they were getting divorced using a very particular phrase: “Conscious uncoupling.” The couple faced widespread public derision over the term, which was seen as snooty and foolish. However, in the years that have followed, the public at large has begun to recognize the values embedded in the idea of a conscious uncoupling: That parents of minor children, even if they decide to end their marriage, can still be committed to divorcing carefully and co-parenting in a way that puts their children’s interests first.
One strategy under Illinois law that allows parents to do exactly that is a concept known as the “right of first refusal.” This idea, while not for everyone, can allow two ex-partners to continue co-parenting peacefully while maximizing the amount of time that each parent gets to spend with their child. To learn more, read on and then contact a team of Illinois divorce attorneys who are committed to helping you get peacefully divorced while protecting your child’s future.
What Should I Ask My Divorce Lawyer During Our First Meeting?
Most people getting divorced are doing so for the first time. Uncertainty is normal and having questions is common. Even if you are sure that you want to get divorced and have a sense of what you want to get out of the process, you may be unsure of how to choose the right divorce attorney. With so many options out there, it can be difficult to know what to look for and even what questions to bring to your first meeting. At Goostree Law Group, our Illinois divorce attorneys are prepared to guide you throughout your divorce - including a few things you should discuss with your attorney in your first consultation.
Am I Likely to Reach a Settlement With My Spouse?
Many, if not most, divorces can reach a settlement before going to trial. If you and your spouse can negotiate a settlement, even if you need the help of a mediator, you can avoid the time and expense of courtroom litigation. However, settlement negotiations are not reasonable or safe for everyone, so talking to your attorney about your situation should help you better understand whether negotiation is the best path for you to pursue.
What Happens During a Child Custody Evaluation?
Child custody issues can be complicated. Emotions are often running high and the parties involved are looking for a fair outcome. In many child custody disputes, each parent has a very different idea of what is best for their child. This is why many courts use a child custody evaluation.
A child custody evaluation is an assessment of each parent's ability to provide for their children and the best interests of the children involved in the dispute. The court will appoint a neutral, third-party evaluator who has experience in family law or mental health counseling.
Child Custody Evaluations in Illinois
A child custody evaluation is conducted by an experienced, impartial professional who has expertise in both family dynamics and psychology. The purpose of the evaluation is to help the court make an informed decision about the best interests of the children.
During a child custody evaluation, both parents may be interviewed separately and together. The evaluator may also interview other people involved in their lives, such as friends or relatives, to gain insight into the parents' abilities to care for the child. The evaluator may conduct a home study and observe how the parents interact with their children.