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Overcoming Barriers to Divorce

Posted on in Batavia Divorce Lawyer

Batavia Divorce LawyerA lot of people find themselves staying in their marriage not because they are happy, but because they have logistical barriers to divorce. Many spouses rely on one another for varying types of support whether they are happy together or not. You may have children together that you care for as a team. You may have combined your finances to such a degree that separating yours from theirs could be challenging, or you may be in a position where the family needs two incomes to pay expenses. 

All of this can make it more difficult to get divorced. However, remaining in a marriage that is no longer working and is making you miserable may be even more difficult over the years. Additionally, the longer you stay married the more difficult it may become to sort out the issues that would arise in your divorce. You may find that while the time period during the divorce is challenging, things will get much easier as time goes on and you will be happier in the end. An attorney can help you plan to overcome any barriers to divorce you may face. 

Common Barriers to Divorce and How to Overcome Them

Many people in unhappy marriages hold the same reasons for staying, and these reasons are generally practical and logistical rather than emotional. Common barriers and what can be done about them include: 


Batavia, IL grandparents rights lawyerParents almost always determine the outcome of child custody cases. But in certain unfortunate family events, a grandparent may need to seek parental responsibility. Usually, this occurs for a child’s safety or out of concerns about parental unfitness. Understanding the ins and outs of grandparents' rights can be critical.The best thing a grandparent can do is get help from a child custody attorney to aid in building a solid case and advocating for their rights.

Custody vs. Visitation

Parental responsibilities, formerly known as custody, is the power to decide important matters on behalf of a child, such as religious upbringing, education, healthcare, and more. Visitation involves spending time with grandchildren, even if they live with their parents. Both are quite different and need a separate set of requirements to petition for it. 

Can Grandparents Get Custody of Grandchildren in Illinois?

Grandparents may need to seek custody or visitation rights to maintain contact with their grandchildren. Grandparents seeking custody must prove that living with them is best for the child. When deciding whether to let grandparents have custody of a child, the court system considers several factors, including:


Batavia Divorce LawyerFamily law is a specialized branch of the legal system that governs aspects related to domestic affairs and familial relationships. It encompasses a range of legal issues that arise within families, from marriage and divorce to child custody, adoption, and even domestic violence. Today, we will aim to shed light on the crucial aspects and significance of family law, showcasing its pivotal role in preserving the well-being and stability of the modern family unit. If you need legal assistance with a family matter, contact a family lawyer today to ensure your legal goals can be satisfied. 

Marriage and Divorce

A cornerstone of family law is the regulation of marriage and divorce. This includes procedures for obtaining a marriage license, the legal recognition of marriage between partners, and the dissolution of marriage through divorce. Family law attorneys play a crucial role in guiding couples through the complexities of divorce, such as asset division, spousal support, and child custody arrangements.

Child Custody and Support 

Family law addresses the well-being and protection of children at the center of disputes. It ensures that custody decisions take the best interests of the child into account, prioritizing their safety, upbringing, and stability. Family law establishes guidelines for determining child support to safeguard children's financial welfare, regardless of their parent’s marital status.


Kane County Order of Protection LawyerWhen there is tension or violence in a relationship, obtaining an order of protection or a restraining order in Illinois can be an effective legal way to establish limits and safety. Although similar in nature, the two have significant differences. As a result, if you are interested in pursuing either an order of protection or a restraining order, contact a family law attorney to learn more about what each option entails and which may be right for you. 

Restraining Orders 

Contrary to what many believe, temporary restraining orders are designed primarily to protect financial assets during divorce proceedings under Illinois law. When a divorce is taking place, a restraining order can prohibit a spouse from taking, selling, or otherwise disposing of jointly controlled property or assets. An example of a scenario where a financial restraining order may be necessary could be to prevent a spouse from canceling a critical insurance policy. In Illinois, restraining orders are usually used in divorce cases instead of domestic violence cases, but not always. 

Orders of Protection in Illinois

Meanwhile, an order of protection is an enforced court order that requires one individual who has been accused of committing domestic abuse to stay away and refrain from contacting the alleged victim(s) in any way. Furthermore, orders of protection can be used to stop violent or abusive threats or acts from occurring, require the offender to enter therapy, counseling, or other forms of treatment, move out of the marital home, and more. 


Batavia Family Law AttorneyEstablishing paternity is an important process for both parents and children in Illinois. Without establishing paternity, fathers may not have the same rights as mothers, and children are not entitled to the same legal protections and benefits. Today, we will discuss what is most important to know about paternity in Illinois. If you have questions related to paternity, contact a family law attorney to understand your legal options at this time.

Essential Considerations for Paternity in Illinois

In Illinois, paternity can be established in a few different ways, including:

  • Through marriage – If a man and woman are married and a baby is born, the man will legally be considered the father.
  • Voluntary acknowledgment of paternity – This method involves both parents signing a voluntary acknowledgment of paternity (VAP) form at the hospital or birthing center where the child was born. This can also be done at a later time as long as both parents agree to it 
  • Administrative paternity order – In Illinois, an administrative paternity order is a legal document that is used to establish paternity for a child and is issued by the Illinois Department of Healthcare and Family Services. This type of document is generally used when the mother of a child wishes the other party to provide child support 
  • Judicial paternity order – If parties dispute the father's identity, a paternity case may be filed to determine the father. In many cases, a genetic test may be conducted to determine paternity 

Why Paternity is So Important 

Once paternity is established, fathers gain certain legal rights, including:

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