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Recent Blog Posts
Mediation: Why It Is an Effective Tool in the Divorce Process
Even the most peaceful divorces can benefit from family law mediation. Whether there are minor or major disputes regarding issues such as finances or the raising of children, the groundwork for any separation is improved when spouses work with a certified professional who can both provide the resources and information needed to ensure the divorce process goes smoothly and help reduce tension at the same time.
Why Is Family Law Mediation Such a Helpful Tool?
- It reduces emotional and financial stress.
Divorce can make you go bankrupt - both literally and figuratively. It is not uncommon for spouses who feel hurt or betrayed to experience a lot of hurt and anger toward their partner. These emotions often turn into the desire for revenge, especially where finances are concerned. When consumed or blinded by these emotions, it is easy to lose sight of reality and form unrealistic expectations about how much money you will receive from your spouse or how much you will be responsible to pay following the separation. If you are not careful, this can translate to a lot of money and energy spent on “getting even,” which can sadly lead to serious emotional toll as a result. Divorce mediation helps keep the facts and your perspective in check, providing a professional, civil, organized environment for settling financial and lifestyle matters.
Paternity: The VAP (Voluntary Acknowledgement of Paternity) and Why You Need It
Whether you are in an unmarried partnership, are in the midst of a divorce, or are planning to re-marry in the near future and share a child with someone else, paternity establishment is important. It ensures your rights as a parent are protected and that your child’s rights are protected as well. Without establishing paternity, your child’s medical and financial benefits might be at stake, and your parenting privileges can be compromised.
The state of Illinois utilizes various methods to help parents establish paternity, including personal interviews, genetic testing, and judicial court hearings, when necessary. However, you can opt to complete something called a Voluntary Acknowledgement of Paternity (also called a VAP) if you would like to establish paternity in a simple, straightforward manner. This is typically done right at the hospital when the child is born, although a VAP may be completed, signed, and witnessed at any time for any child born to unmarried parents.
Challenges for Non-Custodial Parents and How the State Can Help
Non-custodial parents (also referred to as NCPs) face a number of challenges during big family transitions such as divorce. Whether you are in an unmarried partnership or are getting ready to go through a divorce or legal separation, if you share a child with someone, chances are you might run into some roadblocks as you navigate the allocation of parental responsibilities (child custody) and parenting time (visitation).
Parenting Time
Parenting time (also known as visitation) is an important part of building and maintaining a healthy relationship with your child. As a part of the divorce process, it is very common for couples to disagree on lifestyle arrangements for their children. For example, disagreements can arise about everything from religious upbringing and school choices to which parent gets to spend time with the child and how often. Typically, parents work with an attorney, the state, and a mediator to put together a parenting plan, which establishes the groundwork for all these issues and creates guidelines for how the child will be brought up following the separation. This is especially helpful for the child, as it provides structure and encourages a safe, stable environment for them after their parents’ relationship ends. Never-married couples having trouble seeing their children also have options for managing their parenting time. The state’s Access and Visitation Program can help with mediation, counseling, enforcement of visitation orders, and much more.
Irreconcilable Differences: Common Conflicts that Lead to Divorce
Despite even the greatest efforts, some marriages end in divorce due to deterioration over time while others fade quickly due to inevitable circumstances beyond anyone’s control. Whatever your situation, when it comes time to file for divorce, you will likely come across the term irreconcilable differences, a concept used to describe conflict that is unable to be resolved between two spouses. Under the Illinois Marriage and Dissolution of Marriage Act, irreconcilable differences are cited as the source for the “irretrievable” breakdown of the marriage. In some states and counties, these differences are also referred to as grounds for divorce.
When the court determines that certain efforts at reconciliation have failed, or that any further attempts at reconciliation in the future are no longer practical or productive, those efforts are no longer considered in the best interest of the family. In short, when both parties have done all they can do to resolve their problems and have reached no compromise or found no solution, their marriage is dissolved due to irreconcilable differences.
Common Divorce Questions
Regardless of the reason for your impending divorce, the challenges set before you as you wade through the ordeal can seem daunting, especially when you are unfamiliar with the steps required to initiate the process. Even the most civil agreement between two partners to end their marriage can prompt a lot of stress due to the overload of incoming information.
You have decided to divorce. So, what is next? What do you need to know? Are you taking the most reasonable course of action? Who can help guide you along the way? Here are three things every divorcing spouse should know:
Legal Separation Is Not for Everyone
Some partners choose to file for legal separation in order to officially live apart but hold on to certain benefits, such as health insurance policies and various financial arrangements. Living apart and filing for legal separation can protect the best interest of both parties while giving them time and space to live apart to examine whether or not divorce is the best option. For some, this is a way to test the separation waters before officially calling it quits; for others, it is merely a transitional stepping stone on the way to a sure-fire divorce. No matter which camp you fall in, one thing to know is that legal separation is just that: a separation. It is not an actual divorce, and it is only a temporary solution.
Why Does Paternity Matter?
You may have heard the term parentage used to discuss laws that concern parenting in the world of family law. Parentage laws are also known as paternity laws, and they have continued to evolve in the state of Illinois in order to more accurately reflect and meet the needs of diverse families.
Although the laws change, their purpose and the concept behind them remains the same: Paternity laws exist to govern and protect parents and their rights, as well as the rights of the children and family as a whole. Some issues that Illinois parentage laws touch on include the following:
- College expenses in child support;
- Civil unions and gender neutrality;
- Same-sex adoptions; and
- DNA testing and its potential effect on the child.
Paternity Protects the Child and Parent
Three Qualities That Define a Good Mediator
Divorcing couples often hear a number of things about mediation as they enter the divorce process. Success stories and horror stories abound. More often than not, though, the success stories far outweigh the disappointing accounts given by co-workers, families, and friends. This is ultimately due to the overwhelming resolution rates that we see among Illinois State divorce cases. The Department of Human Rights reports that their Mediation Unit’s resolution rates are 80 percent for all conferences held. That tells us mediation works, and it can for you, too.
What Makes a Good Mediator?
Resolution rates are not magic, however. They do not exist by chance or luck; they are a direct result of working with a professional, efficient, trained mediator who is well skilled and equipped to produce good results. Here are three qualities that define a good mediator:
Kane County Cracks Down on the State for Child Support Funds
When it comes to seeking and securing child support for divorcing families, there is a lot Illinois can do to ensure parents receive the financial assistance they need. The Department of Healthcare and Family Services can implement an Income Withholding Notice to require the non-custodial parent to pay funds consistently and in a timely manner, as well as locate the non-custodial parent and confirm paternity, if necessary. If child support payments fall behind or if the non-custodial parent fails to pay, the DHFS may even exercise its right to suspend the delinquent parent’s driver’s license, revoke their professional license(s), or place a lien on their personal property.
McMahon Cracks Down
Despite these efforts to obtain child support funds, there are still voids that need to be filled. Many single parents must rely on state funding and local social service providers to fill the gaps. Sadly, it’s been some time since there’s been a state budget to fund these collection efforts. Kane County State’s Attorney Joe McMahon is doing everything in his power to turn this around and fight for the funds that Kane County parents so desperately need. His goal is to earn as many dollars as possible to reduce single parents’ reliance on state assistance programs.
Requirements for Legal Separation in Illinois
Although partners may always choose to live apart without legally separating, the formal arrangement of legal separation has its advantages for spouses looking to protect their best interests when a divorce is imminent. Not only does official legal separation help define lifestyle and financial boundaries for a separating couple, it also gives the couple space to spend some time apart and consider whether or not divorce is the best solution.
If you or your spouse are not yet committed to filing for divorce, legal separation is a temporary, alternative avenue that allows you to explore your options and set the parameters for your split. To file for legal separation in Illinois, you will need to keep the following requirements in mind:
- You and your spouse must be separated and already living apart when the court action is initiated;
More Child Support Answers
Navigating the world of divorce can be tricky, especially when you are attempting to understand your rights and working to ensure the children you share with your spouse are properly provided for after the separation. You have many tasks to sort out, including the allocation of parental responsibilities (child custody) and parenting time (visitation).
While these factors are crucial to setting up the guidelines and boundaries for your family’s new lifestyle post-divorce, filing for child support is one of the most important processes you will encounter as you wade through the transition. Filing for child support allows you to secure and maintain consistent, dependable funds for your family’s care.
Here are some common concerns you might have as the custodial or non-custodial parent:
1. Where Does the Money Come from?
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