When parents get divorced, some of the most important decisions are related to the creation of an effective parenting plan that provides for the best interests of the children, while also meeting the needs of both parents, plus fulfilling all the requirements of Illinois law. During the divorce process, it is important to work with a skilled family law attorney who can ensure that all  subjects regarding parental responsibilities and parenting time will be properly addressed in a parenting plan. 

What Is a Parenting Plan?

A parenting plan is a legal agreement between divorcing parents that will be part of their final divorce decree. The plan will outline the parents' respective rights and responsibilities regarding their parenting duties, and also their relationships with their children. A parenting plan should include provisions for decision-making authority, parenting time or visitation, holidays, vacations, transportation arrangements, communication between parents and children, and other subjects related to the child's welfare. 

Illinois Requirements for Parenting Plans

In Illinois, divorcing parents are required to submit a written parenting plan proposal in order for their divorce to be finalized. If parents can work together to reach agreements on child-related issues by using their attorneys, mediation, or other methods, they can submit a single parenting plan together, and the judge in their case will typically approve this plan, as long as it is in the children's best interests. Alternatively, each parent can submit his or her own parenting plan that details their proposals for how different issues should be addressed, and the parents may then ask the judge to make the final decisions about any areas that are in dispute.

Just as there are a  variety of types of marriages, there are numerous different types of divorces. Some divorces are a result of one spouse having an affair, while other divorces occur  because the couple simply grows apart. The end of their marriage comes as a total shock to some spouses, while others have known it was coming for years. If you are in a situation where you and your spouse are not on the same page about how you want to end your marriage and move on with your life, you may be facing a contested divorce. Contested divorces are much more complicated and time-consuming than uncontested divorces, and a person going through this type of divorce is strongly encouraged to hire an experienced family law attorney.

Contested Divorce vs. Uncontested Divorce

Couples going thru a divorce who agree on subjects such as property and debt division, the allocation of parental responsibilities, parenting time, child support and spousal maintenance generally do not have to go through numerous court hearings or extensive legal negotiations in order to end their marriage. The court’s main purpose when it comes to divorce is to make rulings about issues on which couples disagree. There is usually no need for far-reaching court involvement when couples are willing to cooperate and compromise.

Contested Divorce

If one or both spouses dispute some aspect of their divorce and the couple cannot come to a compromise or agreement, they will probably be facing a contested divorce. An individual who wishes to divorce his or her spouse will need to first prepare and file the divorce petition. This is the legal document which formally requests the divorce. The person’s attorney then engages in the “discovery” portion of the divorce process, which involves gathering information about each spouse’s financial situation. Then there may be pre-trial legal motions and hearings. During this time, the attorneys will also attempt to negotiate a settlement.

Conflict is often a part of divorce, but certain relationships have higher levels of conflict than others. If your spouse has a history of being abusive or destructive or has unpredictable, angry outbursts, you may worry that he or she may try to destroy your shared belongings. Perhaps he or she has already done so, and you are wondering if you can be awarded the lost value of those items. In cases like this, what’s known as an “asset dissipation claim” may be worthwhile to bring in the divorce case. To learn more about this type of claim, read on, and then contact a skilled Illinois divorce attorney for help with such a claim. 

When Can an Asset Dissipation Claim Be Brought? 

Angry or vindictive destruction of marital property is not the only reason a spouse may want to bring a claim of asset dissipation. Any time a spouse uses marital funds for purposes unrelated to the benefit of the marriage, without the consent of the other spouse,   an asset dissipation claim may be able to be brought in the divorce case.  This is because marital money is meant to be used for the benefit of all parties in a marriage - not just one party. Examples of  behavior that may justify asset dissipation claims include, but are not limited to: 

• Secretly spending large amounts of money on drug or alcohol abuse; 

  ...

Alimony can be one of the most frustrating issues to deal with in a divorce. Not only are both parties generally unhappy by the payments themselves (the payer usually feels they are too much, while the recipient usually argues they are insufficient), but the payments often go on long after a marriage has ended. Understandably, former spouses are often very sensitive to things that could influence or terminate the payments. 

Whether you are making or receiving alimony payments in Illinois, it is important to understand the circumstances that could trigger a modification or halt in payments. Knowing the law is especially important because failing to follow it, even accidentally, could lead to court sanctions. Read on to learn more, and then contact an Illinois alimony attorney today. 

Spousal Maintenance in Illinois  

Alimony is formally known as “spousal maintenance” in Illinois, although you may also hear it called “spousal support” as well. Although spousal maintenance is ordered less often than it used to be, it is still a common feature of divorce, especially when one spouse earns more than the other, or when one spouse gave up career opportunities to care for children. 

Child support is one of the issues Illinois parents most frequently disagree about after their divorce. Even if you were never married to your child’s other parent, child support is an issue that is likely to come up repeatedly until your child reaches legal adulthood–and, if they attend college, perhaps even after that. 

If you are receiving child support payments from your child’s other parent and the payments stop, even for a short time, you may be unable to provide for your child. Rather than trying to resolve the problem yourself, it is recommended that you get help from an experienced Illinois child support attorney, who can work with you to get payments back on track as soon as possible. Read on to learn more about your options. 

What You Should Do When Child Support Is Not Getting Paid

The first thing you need to do is make sure you have a copy of a formal order from a court about child support. Some parents, especially unmarried parents who share only one very young child, make an informal agreement about visitation and child support. While this may work for a while, if either parent reneges on the agreement, the other parent has no legal recourse if there’s no existing court order.