During a contentious divorce or custody battle, parents may not be able to agree on what is best for their child. A judge, who is a third-party observer, will hear arguments from both parents’ lawyers but may still need to know more. One way courts in Illinois deal with situations like this is by appointing a guardian ad litem to represent the interests of the child. This is especially true when there are allegations of abuse. But what exactly is a guardian ad litem, and what can you expect them to do in your case?

What is a Guardian ad Litem?

A guardian ad litem (GAL) in Illinois is a person who has undergone specific and ongoing training that qualifies them to act as an independent representative of a child in a divorce or custody case. They are also often a licensed attorney, but when acting as a GAL, they do not represent either of the parents, but rather function as a kind of special investigator whose role is to collect information and analyze the entire family situation of the child.

Even if a parent requests a guardian ad litem be appointed by the court, the GAL is concerned only with understanding a child’s best interests. They will meet with parents, teachers, and extended family members, assess each parent’s living situation, and investigate any allegations of domestic violence or abuse. They will then create a report to detail their findings.

In 2019, Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act and changed the way marijuana is treated under Illinois state law. Although marijuana use and possession remain illegal under federal law, this follows a national trend of legalizing marijuana use on the state level.

Included in this new law are provisions which state that marijuana use in and of itself cannot be used as a factor in making decisions in child custody disputes. Judges, custody evaluators, and guardians ad litem are not allowed to discriminate against a custodial parent based on recreational or medicinal marijuana use.

However, this law has certain limitations. Like alcohol, marijuana usage can cross into unhealthy behaviors, particularly when children are in the picture. Keeping a few basic principles in mind will help you keep your children safe and ensure marijuana never becomes an issue in a child custody dispute.

Getting a divorce does not always mean you will receive spousal support from your spouse afterward. If the couple does not have a valid prenuptial agreement dictating maintenance and cannot agree to a spousal maintenance arrangement, out of court, spousal maintenance decisions will be left up to a judge. The court uses a variety of factors to determine whether or not a maintenance award is appropriate. These factors include things such as each spouse’s age, health, occupation, income, earning potential, and any impairment to their employability or earning potential. Fighting for a maintenance payment can be a battle in itself. However, many divorcing spouses who depend on that support are also concerned with how long the payments will last.

Length of Spousal Maintenance

In many cases, spousal maintenance does not last forever. In fact, courts have moved away from spousal maintenance payments being the norm. In many cases these days, both spouses are employed and have income when they divorce, decreasing or eliminating the need for spousal support. However, if spousal support is deemed necessary and is awarded to the spouse, then the court will follow guidelines set out in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois law states that the length of spousal maintenance payments is calculated by multiplying the length of the marriage in years by a specific factor. However, if the marriage lasted for 20 or more years, the court can decide to award maintenance indefinitely. For example, if a couple was married for 14 and a half years, the court would multiply 14.5 by .60 to come up with 8.7. This means that the couple in this example would be paying and receiving support for a little more than 8 and a half years. Maintenance automatically terminates when the recipient remarries. 

Discuss Your Case With a DuPage County Spousal Maintenance Attorney

For many couples, spousal maintenance can be a contested issue. If you and your spouse do not agree on the topic of spousal maintenance during your divorce, you should seek help from a skilled Wheaton, IL spousal maintenance lawyer to discuss your options. To schedule a free consultation with a knowledgeable attorney from the Andrew Cores Family Law Group, call our office today at 630-871-1002.

Even though you said your vows on your wedding day, “‘till death do us part” does not always come true. Sometimes, things do not work out the way that we planned and the person who you thought you were going to spend the rest of your life with turned out just to be temporary. In the event that you get a divorce, various decisions about finances and any children you may have will have to be made. If you and your spouse have a prenuptial agreement filed with the court, these decisions will be much easier to make. However, there is always a chance that your spouse will attempt to contest the agreement and they may actually have a case if there is something that makes the agreement invalid.

Elements that Invalidate a Prenuptial Agreement

A prenuptial agreement can be a useful tool during a divorce, but it is only as strong as it is valid. If your prenuptial agreement is considered to be invalid by the courts, you will not be able to enforce the terms of the agreement. There are various reasons why the court may consider your agreement, or portions of the agreement, invalid. The most common reasons include:

• There was not full financial disclosure. One of the biggest no-no’s during a divorce is attempting to hide assets or information. This is also true when you create a prenuptial agreement. Before you sign the agreement, you are asserting that you have given your spouse full disclosure of all of your financial information. If you or your spouse do not do that or fail to disclose certain assets, your prenup could be invalidated.

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The relationship between a parent and his or her child is a sacred bond. When that relationship is strained or damaged in some way, it can have lasting psychological effects on the child. Unfortunately, this is exactly what happens in many divorces - often to the father. Even though the law states that parents should be treated equally, this is not always the case. In many cases, the father faces a particularly difficult situation when it comes to divorce.

Navigating Divorce as a Father

It is very common for the father to be overlooked as a parent in divorce cases. If parental decision-making responsibilities or parenting time is contested by either spouse, the judge will step in to make the final decision. Many people still have implicit biases about the role that a mother and a father take in raising children, which can lead to unfairness in the decisions they make. As a father, here are a couple of things you should keep in mind when you are going through a divorce:

• Stay involved in your children's lives. Many fathers are the ones who leave the family home when they separate from their soon-to-be ex-wives. Even if you do leave the home, however, it is important that you stay involved in your children’s lives. You should be proactive when it comes to your children. Be on time to drop them off and pick them up during parenting time transitions. Have routine conversations with their other parent about school, extracurricular activities, doctor appointments, etc. It is important to show that you are dedicated to being in your child’s life.

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