How quickly your divorce is finalized typically depends on whether your divorce is considered a contested or uncontested proceeding. Uncontested divorces are generally resolved faster, since the parties can come to an agreement and avoid the time and expense of litigation.

However, uncontested divorces are not appropriate for spouses who cannot agree on all of the most important aspects of a divorce, including spousal and child support, a parenting plan and custody agreement, and division of the assets and debts.

If you are seeking a divorce and wonder which method of divorce proceedings would be right for you, one of our experienced family law attorneys in the Wheaton area who handles divorce can discuss with you the pros and cons of both contested and uncontested divorce.

In the past - and, unfortunately, at times still today - the courts have traditionally favored mothers when it comes to deciding which parent should be granted primary custody, or whether fathers can share equally in both parenting time and the right to make important decisions about their children's lives.

Illinois has made strides in recent years towards recognizing that fathers play just as important a caretaking role as mothers do and deserve equal treatment when it comes to custody decisions. Our experienced parental responsibilities lawyers believe strongly that neither parent should - based solely on his or her gender - have a right to an automatic presumption of custody.

Rather, the court should consider the best interest of the child, the existing relationship between a child and each of his or her parents, the stability of a parent's home environment, and the type of support each parent provides the child, including financial, physical, emotional, and educational support, among other factors.

One parent's relocation can significantly impact a parenting plan. If you have a parenting plan in place and you are considering relocation, or you learn that your child's other parent is planning to relocate, you will need the help of an experienced family law attorney in Illinois.

Factors Considered by Court for Relocation

There are several factors the court will consider when deciding for or against relocation when a parenting plan is in place. The court will look at how the current arrangement will be affected and whether similar or comparably fair division of parenting time will be feasible if the relocation occurs.

If you are subject to a child support order and your circumstances have changed, you may need to seek child support modification from the court. Whether you have become unemployed, changed jobs, or had another change in your circumstances that has made paying your child support obligation difficult, our experienced child support modification attorneys can help.

What Factors Do Courts Consider When Determining or Modifying Child Support Orders?

Child support modification requests can be addressed judicially - by the court - or administratively, by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services. Your family law attorney will help you determine which process best protects your rights.

If you are involved in a parenting time dispute and are the parent of a breastfeeding child, you may have questions about how a breastfeeding relationship may impact a custody arrangement in Illinois. Our family law attorneys in Wheaton understand that breastfeeding is both a sensitive topic and an important part of many young children's development.

The Tender Years Argument

In the past, many jurisdictions have subscribed to the view that very young children who are still in their "tender years" - generally considered to be children age three and younger - should primarily be cared for by their mother.