Creating a parenting plan during divorce is particularly challenging for parents who are so hostile towards each other that even the most minimal communication elicits an argument. Of course, this has a negative impact on the emotional and psychological well-being of parents, but the primary victims of this hostility are children who get exposed to conflict. 

In cases like this, Illinois parents may pursue a strategy called “parallel parenting.” Parallel parenting is an explicit acknowledgment that the children will be better off if the parents communicate as little as possible. 

Prevent Conflict with a Parallel Parenting Plan

Many couples can share the allocation of parental responsibilities, even if they do not get along all the time. But for parents who need to practice parallel parenting, parental responsibilities will not be shared at all - even if each parent has equal parenting time with the children. This is done by addressing issues as specifically as possible within a parenting plan so there is no question as to which parent is responsible for which issue. 

When two people get married, any assets either spouse owned before the marriage generally remain under the exclusive ownership of the original owner. Many couples sign a prenuptial agreement before getting married to ensure assets that are personally owned remain that way if a couple gets divorced. 

However, sometimes both spouses use their personal property and money in a way that causes something called “commingling,” or the mixing of individual and marital assets. When a couple decides to get divorced, commingled assets can make it difficult to determine which parts of an asset or bank account belongs to which spouse during the asset division process. This can cause conflict when, for example, a spouse who shared his or her inheritance acted with generosity and now faces having to split the entire amount.

Illinois has strict laws when determining how commingled assets are handled, giving legal preference to a commingled asset over the process of “tracing” the source and use of an asset back far enough to prove individual ownership (or lack thereof, if you are the spouse claiming the previously personal asset is now marital). However, many individuals have successfully protected their premarital assets in divorce despite commingling them during the marriage. 

American tabloids love to cover the sultry details of high-profile divorce trials. Consumers may love to read about other people’s divorces, but for those going through a divorce trial, it can be a nightmare. Long wait times between court dates, hostile disputes with former partners, and the expense of a protracted trial -- to say nothing of the public exposure -- are all strong incentives to avoid the trial process altogether. 

Fortunately, Illinois courts encourage divorcing couples to do exactly that. Using mediation, collaborative divorce, or a similar alternative dispute resolution process, even the most high conflict spouses can usually prevent divorce litigation. Although certain issues must be approved by a court before a divorce can be finalized, couples can spare themselves from the stress and expense of a lengthy divorce trial by working towards a mutually agreeable compromise using alternative dispute resolution. 

Mediation

Mediation is a popular method that is often mandated by Illinois divorce courts before a case can go to trial. The reason is simple: Mediation is really quite effective. Mediators are usually attorneys and are always trained in conflict resolution. They help spouses work out their differences by minimizing conflict and helping everyone stay focused on the relevant issues. 

The “best interests” of a child are the primary concern of Illinois courts and judges when making decisions about a parent’s ability to spend time with and make decisions for their child. But reasonable people can and often do disagree about what is best for a child - parents getting divorced being a prime example - so how does anyone make decisions about what is truly best for a child? 

How Are a Child’s “Best Interests” Determined? 

In a divorce or parenting time modification, Illinois judges encourage parents to work together closely to try to create an arrangement for the children outside of court. When parents are able to cooperate, both parents generally find that, while the parenting plan may not be exactly what they hoped for, they are more satisfied than if a judge made all the decisions on their behalf. 

Unfortunately, it is not always possible for parents to agree on some or all of the parenting arrangements. Irreconcilable disputes about who gets to make important decisions for the children (parental responsibilities) and who gets to have the children in their physical custody (parenting time) can force courts to take action. In cases like this, the court considers many factors when determining the best interests of the child. 

Couples owning a million dollars or more in assets face unique challenges when getting divorced in Illinois. There is a lot at stake in a high net worth divorce, and both parties are likely to hire excellent attorneys to represent them. The proceedings can be long and protracted and often involve the assistance of outside experts. 

In this blog, we will discuss some of the most common challenges we see in our clients’ high net worth divorces. If you are considering divorce and are worried about what it might mean for your assets, business interests, or spousal maintenance obligations, contact a qualified Cook County divorce attorney for help.  

Privacy Concerns

Many high net worth couples have public profiles and want to curtail any public interest in their decision to divorce. When couples have been involved in community, business, or political leadership, maintaining privacy during divorce can be more difficult. We go beyond the standard attorney-client relationship and make every attempt to help you protect your privacy and minimize public exposure during your divorce.