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How to Combat Parental Alienation During Your Divorce
Parental alienation during divorce is more common than many people think. One study has found that parental alienation plays a part in 11 to 15 percent of all divorces. For the parent being alienated, this can be devastating and frustrating. How does one prove the other parent is attempting alienation of children? Is there anything a parent can do about this?
What Is Parental Alienation?
Parental alienation occurs when one parent attempts to interfere in his or her children's relationship with the other parent. This commonly happens during and after divorce, although sometimes it may even begin to happen towards the end of the marriage.
A parent may commit alienation by telling their children that the other parent does not really love them or does not want to see them. However, alienation is not always so obvious. Sometimes, one parent will simply speak negatively about the other parent in front of the children, such as by blaming the other parent for the divorce, for financial difficulties, or for any other problems the children are experiencing. Over time, children may believe what they hear and start to pull away from the parent they are being alienated from.
How Are Frozen Embryos Handled During an Illinois Divorce Case?
Illinois is an equitable distribution state. This means that when two people get divorced, the courts will divide their marital property equitably, or fairly. This type of property division is usually fairly straightforward, but there are certain factors that can make it more complicated. Today, frozen embryos are one issue that can make a divorce case especially complex.
There are currently hundreds of thousands of frozen embryos in the United States, and because of this, the number of divorces involving frozen embryos is likely to increase. Since the courts in Illinois have not yet set a precedent for dividing frozen embryos between divorcing spouses, the decisions made during a divorce will likely depend on the facts of the case. So, what facts are taken into consideration when frozen embryos were part of a marriage and are now part of a divorce?
Contracts for Frozen Embryos
In the best case scenario, a couple will have a contract outlining who will receive their frozen embryos if they choose to get a divorce. Terms outlined in written contracts will certainly apply, as will those of oral contracts. If the couple had an agreement, the courts are likely to award the frozen embryos accordingly.
How Are Child Custody and Child Support Determined for Unwed Parents?
Even those who do not regularly follow celebrity news may have heard about the breakup of Khloe Kardashian and Tristan Thompson. Aside from the entertainment aspect of the story, people may be curious about the legal effects of the breakup and how similar matters would be handled in Illinois. Since the couple has a child together, the question of how child custody and child support will be handled may be on some people's minds.
Child Custody for Unwed Parents in Illinois
When a child is born to a married couple in Illinois, the husband is assumed to be the father of the child. However, that is not the case when the parents are unwed. If unmarried parents break up, the parentage of the child will need to be legally established before decisions can be made about child custody.
Parentage is established in one of three ways in Illinois. The easiest way is for both parents to complete a Voluntary Acknowledgement of Paternity (VAP) in which they both agree the man in question is the biological father of the child. If the parents do not agree to submit a VAP, a court may order DNA testing to establish that the man is the child's biological father, and an Order of Paternity will be issued. In addition to these options, the Illinois Department of Healthcare and Family Services may also conduct paternity testing and enter an Administrative Paternity Order.
3 Things to Keep in Mind When Determining Child Support in Illinois
There are few things more difficult for a family to go through than divorce. This is particularly true when there are children involved. Emotions run high, and everyone wants to leave the marriage in a manner that is fair to them, and the entire family can struggle to move on with their lives. In addition to all of this, parents must negotiate a child custody agreement and determine child support obligations. During this process, there are three very important things each parent must keep in mind.
1. Keep Your Emotions in Check
Spouses will normally experience strong feelings when going through a divorce, such as sadness, anger, disappointment and frustration. However, letting these emotions rule child custody negotiations typically results in a longer, more difficult process. Parents should do their best to try to avoid being confrontational during these proceedings, and remember at all times that negotiations are taking place in the best interests of the child, not the parents. In addition, remember that these negotiations can take time. Rather than rushing to reach an agreement as soon as possible, you should ensure that the final agreement protects your parental rights and meets your children's needs.
How Much Does it Cost to Get Divorced in Illinois?
A study conducted in 2012 showed that many couples choose not to get divorced because they believe it will be too expensive. Even though that study was done several years ago, the same holds true today, and those who are considering ending their marriage may be concerned about the cost of doing so. If you are thinking of getting a divorce in Illinois, you are likely wondering how much will it really cost?
The answer to that question can vary depending on the circumstances of each individual case. However, Illinois is one of the costliest states to get a divorce. In fact, in the Prairie State, the average cost of a divorce is $13,800. When factors such as child support and alimony are involved, the total costs can climb to approximately $35,300. Some factors that can affect these costs include:
The Filing Fee
One cost no couple can get around when filing for divorce is the filing fee. This fee is required in all cases, whether the divorce is contested or uncontested. In Illinois, this fee averages around $289, depending on which county you reside. This is higher than the national average but is still not the highest in the country. In certain situations, such as when a low-income couple is getting a divorce, these fees are sometimes waived.
What You Need to Know About Contesting a Prenuptial Agreement
Hollywood is accustomed to ugly divorces. In 2018, Jersey Shore actor Jenni “JWoww” Farley filed for divorce from her husband, Roger Matthews, and now Matthews is contesting the validity of the couple's prenuptial agreement. While the concerns of reality TV stars do not apply to most of us, any couple can have a prenuptial agreement. If you are going through a divorce, and you have a prenup, you will want to be sure to understand how Illinois law will apply to your case, including whether your prenuptial agreement can be contested.
Prenuptial Agreement Laws in Illinois
The Illinois Uniform Premarital Agreement Act governs all prenuptial agreements filed in the state of Illinois. This law states that to be enforceable, both parties must agree to the prenup and sign it. The agreement will go into effect on the couple's wedding day.
The Illinois statute includes some provisions on what is unlawful to include in a prenuptial agreement. These include any terms that violate public policy or criminal statutes. Spouses are also not allowed to waive the right to receive child support or agree that a parent will not be required to pay his or her child support obligations.
Can a Divorced Parent Leave a Child with Another Person?
The terms of a divorce settlement or judgment will attempt to cover the many different issues the two parties will face as a divorced couple. However, marital settlement agreements cannot possibly cover every situation. One of the most common situations divorced couples with children face is whether or not parents should leave their child alone with another person, such as a babysitter, when they cannot care for them.
It can be upsetting to hear that a child was left with someone other than their parent. This is particularly true when one parent does not personally know the person watching the child. While this type of situation can be stressful and sometimes cause arguments, is it against the law?
The Right of First Refusal
Historically, Illinois did not have many laws on the books pertaining to someone other than a parent watching a child. However, as of January 1, 2014, parents can choose to leave their child with someone else, but they may first have to ask the other parent. This is known as “right of first refusal,” and this right is covered under 750 ILCS 5/602.3. This statute simply requires that, in certain cases, the parent caring for the child could be required to give the other parent the first opportunity to watch them.
Mediation or Collaborative Divorce: Which Is Best?
When a couple chooses to get a divorce, it can be one of the most difficult decisions to make. However, once this decision is made, spouses quickly learn that they must also decide how to proceed with their divorce. In many cases, they will want to work together to settle their differences rather than pursuing costly litigation in court. Two methods of alternative dispute resolution are mediation and collaborative law. So, which is best for a couple to choose?
Mediation
During divorce mediation, a couple will work with a qualified mediator. The full mediation process is outlined in the Uniform Mediation Act, found in the Illinois Compiled Statutes. Over the course of several meetings, the mediator will help the couple come to an agreement about the outstanding issues in their divorce. The agreement will include many different terms, including a parenting plan, child support and alimony obligations, and decisions about the division of property and debts.
How Will the Proposed Illinois Fair Tax Law Affect Married Couples?
When Illinois Governor J.B. Pritzker announced a proposal for his new tax plan in Illinois, he sparked debate throughout the state. Some praised what Pritzker called the fair tax law, saying it would only tax the rich and provide more money for low to middle wage earners. However, others have pointed to a major flaw in the proposal, and those opposed to it say it is going to hurt one more group: married couples.
The Marriage Penalty Under Fair Tax Law
Traditionally, when a couple jointly files their state or federal taxes, they file in separate tax brackets from those that file individually, allowing them to take advantage of tax savings. However, whenever two earners of the same household owe more taxes by filing jointly instead of separately, it is considered a marriage penalty. The new tax law proposed by Governor Pritzker does not provide different brackets that allow couples to reap more savings. Instead, couples are likely to owe higher taxes.
How Is Ownership of Pets Handled in an Illinois Divorce?
Every spouse has possessions they value more than others, and if divorce happens, these seemingly small differences will often take on a new significance when negotiating or litigating a property settlement. With most possessions, a level of detachment remains, even if a spouse does have an affinity for it in divorce. The same cannot be said for pets in most households, and many owners view pets as members of the family. Fortunately, Illinois is one of just a few states that has a law addressing the issue of pets in a divorce.
One woman wanted to prevent another occurrence of a sad situation she experienced at the end of her first marriage when her husband used her attachment to the family dog to get her to make concessions during divorce. When she decided to marry for a second time, she included the issue of pets in a prenuptial agreement so there would no question or fight about it if the marriage ended. Resolving this issue is a large concern for many divorcing couples, so it is important to understand how the law applies to these situations.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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