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Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

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708-449-7404

Oak Park divorce mediation lawyerWhen a couple makes the decision to end their marriage, they may expect the divorce process to be hostile and contested. However, many aspects of a divorce can be settled between spouses in an amicable and respectful manner. One of the most effective ways to resolve the issues involved in a divorce case is through mediation. 

What Is Divorce Mediation? 

Here in the United States, mediation is one of the most common methods of dispute resolution used by divorcing couples. Mediation is a process in which the two spouses work together with a third-party mediator to reach a divorce settlement that works for both spouses. 

The benefits of mediating your divorce can be numerous. Most notably, mediation allows you to have some control over the decision-making process. This means that you and your spouse can try to work together to determine what is fair for both parties and reach solutions that ultimately may not have been possible through a standard, court-driven legal process. Because the divorce is settled privately between the two of you, there is no public record of the mediation. This allows for a level of privacy that is not possible in a standard divorce. Mediation may also allow you to complete the divorce process more quickly since you can reach a settlement without the need for multiple court hearings or a divorce trial. 

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Hillside divorce lawyer fathers' rightsEvery year, thousands of American couples make the difficult decision to pursue a divorce. A divorce can represent an opportunity to start a new and independent life. However, when children are involved, the divorce process can be incredibly tense. For fathers, a divorce can be frightening, considering the overwhelming statistical evidence that the majority of sole-custody parents are mothers. If you are looking to secure significant parental responsibilities as a father, you need quality legal assistance. 

Securing Parenting Time and Parental Responsibilities 

Due to recent changes in Illinois’ state law, child custody is now referred to as the “allocation of parental responsibilities.” While both parents will typically receive some amount of “parenting time” (as long as there are no issues regarding domestic abuse or other criminal activity), one parent may still be the primary residential parent. As a father, it is important to understand the steps you need to take in order to remain a primary figure in your child’s life, including: 

Be Engaged: Under the new state law, the courts in Illinois can grant a parent decision-making rights regarding four primary subjects: religion, education, health, and extracurricular activities. In order to have an opportunity to either reach an agreement with your former spouse or be awarded the rights in these areas, it is important for you to be highly engaged in your children’s lives. 

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Oak Park prenup postnup lawyerEvery year, thousands of American couples file for divorce. Ending your marriage can be one of the most emotionally trying times in your life, but sometimes a divorce can come with more than just emotional challenges. In the aftermath of a divorce, many people are left with a complete lack of financial security. In order to avoid this, you may wish to enter into a prenuptial or postnuptial agreement that will ensure that your financial future will be intact, no matter what happens in your marriage. When preparing to secure the financial well-being of you and your family, it would be very wise to meet with a skilled family law attorney regarding a prenup or postnup. 

What a Prenuptial or Postnuptial Agreement Could Mean For You 

A prenuptial agreement is a private agreement made between a couple prior to their marriage. The agreement will explicitly define the manner in which the couple’s assets will be divided in the event of a divorce, and it may address other issues, such as spousal maintenance. Here in the state of Illinois, prenuptial agreements are defined under the Illinois Uniform Premarital Agreement Act. According to Illinois state law, a prenup is only valid after both parties have signed and consented to the terms of the agreement. 

A postnuptial agreement is a comparable document that is entered into after a couple has married. Sometimes, spouses may elect to use a postnuptial agreement because of the sensitive nature of discussing financial matters, and the possibility of divorce, prior to getting married. 

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Hillside child support lawyer

When a couple begins the divorce process, it is normal to experience a wide range of emotions. On one hand, a divorce can represent a new opportunity at happiness. On the other, a divorce is a separation from someone you once thought you would spend the rest of your life with. When children are involved, a divorce can be especially emotional. 

Child custody is one of the most important and contentious elements in a divorce. Custody (now called the allocation of parental responsibilities in Illinois) may be only part of the battle, as many spouses will attempt to avoid paying child support. If you are looking to secure child support payments from your former spouse, you need the help of a skilled and aggressive legal team. 

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Hillside parenting time attorneyWhen it comes to divorce cases, some of the most contentious issues that can arise are those pertaining to a couple’s children. Before you are able to conclude your divorce, the court will want you and your soon-to-be ex to submit a mutually-agreed-upon, written parenting plan. This parenting plan should contain information about parenting time schedules, who has what decision-making rights, dealing with the child’s school holidays, and other issues pertaining to the child. If both parents cannot come to an agreement on a parenting plan, the court will make the parenting plan decisions for the parents.

Determining Factors

Illinois family law courts start out with the presumption that each parent is a fit parent and that no restrictions should be placed on his or her parenting time, unless it is found that the parenting time would endanger the child’s physical, mental, moral, or emotional health. All decisions pertaining to the child need to be based on the child’s best interests. A number of factors are considered when determining parenting time, including:

  • The wishes of each parent;
  • The wishes of the child, taking into account the child’s age and maturity level;
  • The amount of time each parent has spent taking care of the child in the past two years;
  • The interaction of the child with his or her parents, siblings and any other person who would affect the child’s best interests;
  • The child’s adjustment to his or her home, school, and community;
  • The mental and physical health of all involved;
  • The child’s needs;
  • The ease of the child transitioning between parents;
  • The willingness of each parent to place the needs of the child before his or her own needs;
  • The ability of each parent to facilitate a loving relationship between the child and the other parent;
  • Whether or not there is a history or possibility of abuse in either household.

An Oak Park, IL Parenting Time Lawyer Can Help

It is never easy to get a divorce, and especially when there are children involved. Usually, it is best for everyone if you and your spouse can come to an agreement on a parenting plan before you go to court. This can be accomplished in meetings with your spouse and their attorney or through mediation. However, in the event that you must have the judge make decisions pertaining to your child, a highly-experienced Hillside divorce attorney can greatly help you. At the Law Office of Vincent C. Machroli, P.C., we can help you protect your parental rights and your child’s interests. Call our office today at 708-449-7400 to schedule a free consultation.

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