One of the most difficult decisions in a divorce is deciding who is granted custody over the children. If you and your spouse can reach a parenting plan outside of court, then things can remain comparatively less complicated. Oftentimes, however, a judgment must be passed within the courts to resolve the issue. There are many factors that are weighed when reaching the final decision. Having an experienced attorney in your corner is your best advantage when faced with the challenges of custody battles and divorce. 

Important Factors Courts Consider When Deciding Custody 

The Illinois Court system will typically attempt to settle for a shared custody plan for the spouses. As long as both parents can prove they have a stable home, the parenting plan will attempt to keep both parents in the children’s lives. The primary factors that the courts will look at when determining the custody can include:

• Health - The physical and mental health of the parents as well as the children will be assessed in the decision. If a parent is shown to be mentally unstable or physically unable to care for a child, then primary custody will sway towards the other spouse. Additionally, the health of the children is highly considered. Keeping up with the welfare of the children is pivotal for the judge’s decision.

• Wishes of the Children - Based on the age and mental maturity of the children, the judge will consider the child's wishes. If a child heavily favors one parent, the custody decision could sway toward a said spouse. This will not be taken without a grain of salt, of course. If the child is still very young and could be easily influenced to speak highly of one parent unfairly, the court will do its best to remain impartial. 

• Location - If one of the parents has remained in the same home the child has been living in, or another home that will keep them in the same school district, the courts will consider this heavily. Maintaining a sense of regularity and stability for the child can help them through this difficult period of change. 

• Cooperation of Parents - The parents’ relationship and ability to cooperate will also play into how custody is handled. Ideally, both parents can do what is determined as best for their child. The reality may not be as simple and the feelings toward the former spouse may interfere with a parent’s parenting ability.

Illinois Courts hope to keep both parents in a child’s life, but if a parent is deemed unfit, unable, or shown to have instances of abuse or neglect, a sole parent could be given custody. 

A couple’s wedding day may very well be one of the happiest days of each partner’s life thus far. This happiness can be traced back to the fact that many months and sometimes years go into planning a wedding, often down to each minute detail. However, planning for a wedding and marriage are two entirely different things. Preparing for marriage can involve many responsibilities, few as crucial as preparing for the financial implications of getting married.

It is becoming more common for couples to negotiate and sign a premarital agreement or prenuptial agreement. These agreements are invaluable tools that spell out how a couple will handle debts, assets, and other financial issues if they decide at some point to get divorced. While some find these agreements to be “unromantic,” this is not the intention of such agreements. However, suppose you and your partner are considering marriage. In that case, it may be wise to consult with an experienced attorney trained in helping couples secure financial security and remove doubt about who will get what in the event of a future divorce.

Situations Where Couples Should Consider a Premarital Agreement

Under Illinois law, a premarital agreement must be in writing and signed by both parties. It is understandably difficult for many soon-to-be newlyweds to contemplate what a future divorce may look like. Nothing in this world is perfect, and preparing for the worst while hoping for the best is a healthy and wise way to prepare for whatever the future may hold. When it comes to premarital agreements, there are specific situations that can provide couples with a greater incentive to sign a premarital agreement. 

 Divorce can be a challenging period of life for all parties involved. This can be compounded if the couple filing shares underage children. Though it can be easy to get swept up in your emotions and remain distracted by all the legal proceedings and unexpected life changes, it is imperative to continue to give extra support and attention to your children during divorce. Van Larson Law focuses on navigating you through your divorce in the most effective and stress-free manner. A significant aspect of that is providing you with the resources available to help your children during the transition.  

Five Tips for Helping Children Adjust During Divorce

During a divorce, children undergo many changes very rapidly. These changes in a child’s life can result in adverse childhood experiences. Adverse childhood experiences, or ACEs, can be traced to be the root of many challenging health and social problems later in life. A parent’s need to provide for and protect their children always comes as a top priority, but it can be difficult for one person to juggle all of the changes in their own life while giving the proper attention and support to their children. It could also be uncharted territory for the parent and they may be unsure of how to navigate the shift in their daily routine.  

Fortunately, there are many ways in which a parent can ensure their child is given the fairest treatment and attention during the divorce. Some points to consider when making parental arrangements include:

Approaching divorce for the first time can feel intimidating. Not only is there a lot to do, but the outcome of every little detail has the potential to impact your future in a major way. Fortunately, many people before you have tackled divorce and come out the other side in one piece. And with the help of a great attorney, you can do the same. Here are five important areas you will need to address in your Illinois divorce.

Property and Debt Division

All marital property and debt must be divided between spouses before a divorce can be finalized. Generally speaking, everything that was acquired by either spouse - including income, purchases, and credit card debt - will be considered marital property and must be divided equitably. Illinois is not a community property state, so the focus on dividing debt will be fairness rather than sameness.

Spousal Support

While many marriages do not include spousal support as part of their negotiations, many do. A general rule of thumb is that the longer you were married and the more dependent one spouse was on the other financially, the more likely it is that spousal support will be a part of the picture. It is important to understand that Illinois courts prefer spouses to negotiate their own divorce decrees whenever possible, so, for example, if you want to trade spousal support for another marital asset and your spouse agrees, a court is likely to approve your settlement.

Once an Illinois couple with minor children decides to file for a divorce, one parent usually moves out of the marital home. Sometimes this relocation is local, but other times it may make sense to move further away, especially if there is a job change or a parent wants help with the children from their extended family. But while parents can move anywhere with their children while they are married, they are far more restricted about where they can go during and after divorce. If you are getting divorced in Illinois and want to move with your child, seek help from an experienced family law attorney.

Relocating During Divorce

Parents in Illinois who have a majority of parenting time can ask to relocate with their minor child after a divorce is over and a parenting agreement has been created. But until a divorce is finalized, neither parent has majority parenting time. This means parents cannot move away from their address at the time of divorce with a child without a judge deciding such a move would be in the child’s best interests.

Relocating After Divorce

Once a divorce has been finalized, parents living in the following counties must get permission before moving more than 25 miles from their current residence: