The health and well-being of a couple’s child should always be a top priority when ending a relationship or going through a divorce. During this process, a parenting plan will be created to make decisions and establish rules that the parents should follow regarding issues such as the allocation of parental responsibilities and parenting time. Parents can save a lot of time and money by working together and addressing these matters prior to facing a judge. However, if a couple cannot come to an agreement, the judge will be required to make legally binding decisions that would reflect the best interests of the child.

Decision-making Responsibilities

The allocation of parental responsibilities, which was formerly known as child custody in Illinois, refers to the right to make decisions about a child’s upbringing. Illinois law recognizes four areas of parental responsibility: education, healthcare, religion, and extracurricular activities. Unless both parents agree in writing about how to divide these responsibilities, the judge may allocate certain areas of decision-making authority to one parent or have both parents share the responsibility. In most cases, it is beneficial for children to have both parents participate in making decisions about how they should be raised, so a parent may need to have justifications as to why he or she believes certain areas of responsibility should or should not be shared.

Determining Parenting Time

Illinois law states that parents are presumed to be fit and that they have the right to have reasonable amounts of parenting time (formerly known as visitation) with their children. Unless there is evidence that spending parenting time with one parent would put a child in danger, there may not be any restrictions on parenting time for either parent. Ideally, parents should work together to determine a parenting time schedule that gives children a good amount of time with each parent, but in some cases, the judge may need to allocate parenting time based on what is in children’s best interests.

Factors a Judge May Consider

If parents cannot reach an agreement about matters related to their children, the ultimate decision may be left up to the judge in their case. When determining how to allocate parental responsibility and parenting time, the judge may consider the following factors:

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Domestic violence is unfortunately a common reason as to why a person would seek a divorce and request assistance from the law. An order of protection may be obtained if an individual is fearful for his or her safety or well-being. If a person’s former spouse does not adhere to the terms of this type of court order, consequences such as fines and/or jail time could result.

What Is an Order of Protection?

In the state of Illinois, an order of protection is a civil court ruling that provides a safeguard for victims of domestic violence or other crimes. These protective orders can be procured on an emergency basis when an individual is likely to be the victim of injury or abuse. An order of protection falls under what is known as the Illinois Domestic Violence Act. This law offers protection to victims that are abused by a family or household member, which can include:

• A spouse - current or former

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Whether heated debates over parenting time or disagreements about marital debts add fuel to an already stressful home environment, children caught in the middle of a divorce have plenty to contend with. Even if divorcing parents attempt to protect their children from conflict, the divorce process can be emotionally turbulent for them. Experts tell us that parental divorce has a significant impact on children of all ages, although younger children tend to process and react to the separation differently than older adolescents. These variations in behavioral changes can be alarming for parents, who themselves are feeling the emotional effects of such a big life change.

Behavioral Changes to Expect from Your Teen or Little One

As a concerned parent undergoing a divorce, it helps to identify the types of behavioral changes you can expect from your adolescent or younger child and to be aware that each child’s response may differ greatly. This is normal, as it typically reflects the child’s perspective on the split. That point of view shapes his or her response and his or her attitude about the situation. Here are a few examples of what to expect and how reactions can differ from one age group to the next:

• Defiance - Teens tend to react against their parents in the face of divorce. As adolescents, they are already working to develop independence, hence the common tendency to distance themselves and turn to friends for support instead of to Mom or Dad. This desire for self-sufficiency often becomes amplified during divorce, sometimes resulting in rebellion and the belief that if parents do not care about them, then they must look after themselves.

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When a couple goes their separate ways after a dissolution of marriage, one or both of the spouses might encounter some hardships. Feelings of depression and anger can resonate in an ex-spouse, affecting the relationship with other family members, including children. Regardless of how rocky a divorce can be, it is important to remember that when a child is involved, his or her best interests should remain the focal point of both caregivers. Parenting plans are created to ensure the child receives quality parenting time with both parents. However, parental alienation is a growing area of concern. It can be defined by one parent manipulating his or her child and attempting to negatively affect the child’s relationship with the other parent. This malicious behavior could result in the child associating negative emotions or even hatred with the alienated parent.

What Causes Parental Alienation

Some of the most contentious disagreements in any divorce case often involve the allocation of parental responsibilities (formerly known as child custody) and parenting time (formerly known as visitation). A fear that far too many moms and dads are facing today is the possibility that their relationship with their child could be affected because of lies told by the other parent. For example, a mother could tell her daughter that her father does not love her anymore when, in reality, the father would do anything for his daughter. Everyone wants to believe that their parents would never lie to them, so when a child is told misleading or fabricated information about the other parent, it may be taken as the truth.

Acts of parental alienation typically ensue when a parent is emotionally unstable or upset as a result of the divorce. A parent may attempt to push blame for the divorce onto the other spouse, in hopes that the child will want to spend more time with the parent who is supposedly not at fault. This process can be very damaging for the child, and cutting off a relationship with one parent could leave them feeling confused, sad, and lonely. Furthermore, when parents make their child choose sides, cause them to feel guilty about wanting to see the other parent, or refuse to allow them to speak to the other parent, these are all forms of alienation. If a parent recognizes any sign of disassociation from their child, this should immediately be investigated before it can progress.

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When two people decide to get a divorce, there are many issues to consider, especially if they have been together for a long time. In some marriages, a couple may have even worked with each other and started a business or professional practice together. In other cases, one spouse may have owned a company prior to getting married, but his or her partner helped run it during their union. Dividing this important asset during a divorce can often be a contentious and time-consuming procedure. Regardless of whether the business is family-owned, or if one person acts as a silent partner, each party may be entitled to part of the value of the business assets. In some cases, if the spouses cannot agree on the value of their business, they may need to go through business valuation litigation in order to receive their fair share of the marital property.

Fair Market Value

In Illinois, marital property is divided using “equitable distribution.” This means all assets obtained during the marriage must be split fairly, although not necessarily in half, or 50/50. It is important to note that asset division cannot typically be modified after the divorce.

It can be difficult to determine the fair market value of a company or a professional practice, which is the approximate amount of what the business would be worth if it were sold. During the business valuation process, each party’s attorney may work with financial experts to accurately determine what a company is worth. These experts can include financial analysts, forensic accountants, appraisers, and more.

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