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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

DuPage County divorce attorney parenting plan

Divorce involving children brings about additional concerns. Parents will need to decide how they will make major decisions about the child, including where he or she will attend school, what types of extracurricular activities he or she will participate in, how the child’s medical care will be managed, and much more. Parents must also decide how they will divide “parenting time” or the time that a parent is directly caring for a child. Disagreements about parental responsibilities and parenting time can be difficult to overcome. Understandably, most parents have strong opinions about what they think is best for their child. Read on to learn about some of the most common child custody dispute resolution methods in Illinois divorce cases.

Negotiating an Agreement Through Your Lawyers

Divorcing parents in Illinois must make specific plans about how parenting duties will be handled after the divorce. In their “parenting plan,” the parents will describe which parent will make decisions about the child’s healthcare, education, religious upbringing, and other major concerns. They must also describe a method or schedule for dividing parenting time. The parenting plan also describes the child-related rights that parents have, including the right to know about child-related emergencies, access to the child’s school reports and medical records, and more.

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Cook County divorce attorney asset division

During a divorce, spouses are expected to disclose truthful information about their assets, liabilities, expenses, and income. However, some spouses lie about their financial situation in an attempt to gain an advantage during a divorce. If you are thinking of divorce and your spouse owns a business, it is important to know what you are entitled to in the divorce. It is also crucial that you are aware of the ways that some business owners hide assets or falsify financial information in order to manipulate property distribution.

Underreporting Business Revenue and Undervaluing Business Assets

Spouses who want to manipulate the divorce settlement may use their business to hide assets and income. Typically, this is accomplished by undervaluing the business or reporting lower-than-actual business revenue. A business owner may temporarily lower business revenue or assets by:

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DuPage County family law attorney divorce

While every divorce is bound to involve some conflict, some divorce cases are much more contentious than others. Toxic spouses may engage in behaviors that intentionally upset the other spouse, undermine progress during the divorce, and make the process of ending their marriage more difficult than it needs to be. If you suspect that your divorce will be wrought with conflict, you should know that there are steps you can take to protect your rights and avoid falling into common high-conflict divorce pitfalls.

Do Not Stoop to Your Spouse’s Level

A toxic spouse may spread lies about you, threaten to ruin you financially or even attempt to keep your children away from you. Anyone would be infuriated by this type of conduct. Unfortunately, the most important thing you can do in a high-conflict divorce is also the hardest to actually accomplish. You must avoid responding to your spouse’s manipulative and offensive behavior by counterattacking him or her. Ignore your spouse’s calls, texts, and social media posts. If needed, request an emergency order of protection to stop your spouse from harassing you.

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Cook County family law attorney parenting time

Being a parent is a tremendous responsibility. Being a parent also affords individuals certain rights under Illinois law. For example, a parent has a right to “parenting time” or the right to spend time with his or her child. However, there are situations in which a parent’s parental rights can be terminated. Some parents voluntarily relinquish their parental rights while others have their parental rights involuntarily terminated because they are found to be “unfit.”

Voluntary Relinquishment

Children can only have two parents according to Illinois law. If an individual such as a stepparent wishes to become a child’s legal parent, the other parent may need to relinquish his or her parental rights. Once a parent has relinquished his or her parental rights, he or she no longer has a right to parenting time or the right to make decisions about his or her child’s upbringing. The parent is also relieved of child support obligations. Illinois courts always make child-related determinations based on what is in the child’s best interests. Courts generally assume that a child should have financial support from two parents instead of only one. Therefore, courts typically only grant a voluntary relinquishment of parental rights if another individual is prepared to adopt the child.

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DuPage County divorce attorney mediation

When a couple divorces, they must address several difficult and complicated issues. They must reach an agreement about how to split up their assets and debt, what to do with the marital home, how child custody issues will be managed, whether a spouse will receive spousal maintenance, and more. If the spouses are unable to reach an agreement, their case may go to trial. Most divorcing spouses want to avoid divorce litigation if possible. Mediation is an alternative resolution method that may help a couple reach an agreement about the terms of their divorce; however, mediation is not right in every case.

Mediation May Not Suffice When There are Complex Legal and Financial Issues

Many couples who are still on relatively good terms wish to resolve divorce issues through family law mediation so that they can avoid a contentious court battle. However, mediators are not required to have legal training or a law degree. They are not there to give you legal advice or representation but instead to facilitate productive discussions and negotiations about the divorce issues. Mediation alone may be insufficient when a couple has a high net worth, owns complex investments, owns a business, or has other unusual financial or legal situations.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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