Historically, a spouse who does not work for pay or earns relatively little would face significant barriers when seeking a divorce. Up until the relatively recent past, women were likely to be financially dependent on their husbands and would have faced intense hardship in trying to leave a marriage. Now, while either or both spouses may enjoy a career, many families still divide household duties so that one party may primarily focus on domestic labor while the other works for pay. It can still be challenging for the party who earns less income to leave. Not many largely dependent spouses have sufficient funds to move out of the marital home and begin a new life without needing some form of spousal or child support from their spouse - before the divorce is finalized. In Illinois, temporary support can be ordered during a divorce in many cases where it is needed. If you are interested in pursuing a divorce but would need assistance while the divorce is in progress, an attorney may be able to help. 

Temporary Support Orders During Divorce

Temporary orders generally last until a divorce has been finalized. Once a divorce has been finalized, permanent support orders may be issued. However, temporary support can help you and your children stay financially secure during a time of difficult transition. Other types of temporary orders can help you stay safe as well. 

Some forms of support may require that you submit a financial affidavit demonstrating a need. Forms of temporary relief that may be granted while a divorce is pending may include: 

 Adopting a child can be a joyous occasion for families who have been pursuing parenthood for extended periods of time. However, some adoptions occur because they are necessary rather than a long-pursued outcome. Other types of adoptions are nontraditional, allowing a child’s birth parents continued contact. There are multiple paths to parenthood in Kendall County. Each prospective adopter must carefully consider how each type of adoption may suit their lifestyle and plans for the future. If you are considering adopting a child, it is important to carefully consider each type of adoption in order to assess what is right for you and your existing family. Adopting is not designed to be an expedient and inexpensive process, but rather, to ensure that children eligible for adoption will be placed in suitable homes. Before you initiate the adoption process, it may be wise to speak with an attorney. 

Different Types of Adoption for Different Family Needs

If you are pursuing parenthood through adoption, it is critical to be well-informed about the options that may be available. The major types of adoption potentially available to Illinois residents include: 

• Agency adoption - This is the classic style of adoption used by prospective parents who are interested in adopting an infant born to an often anonymous stranger. Agencies match prospective parents to an infant whose birth parents have placed them for adoption to parents willing to adopt. Infants placed by agencies generally come with no family ties, and there is no obligation to remain in contact with the birth family. 

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No one wants to be involved in a disputed child custody case. If you are at the point where you are asking a court to decide on custody issues, you are likely in one of two situations. Either you have tried everything to work out an agreeable custody schedule with the other parent and were unable to do so, or you believe the children would be in danger if left alone with the other parent. Neither situation is enviable in the slightest. You should know that in most cases, Illinois courts favor a joint custody arrangement, but there are exceptions. Understanding how the court will go about making this decision can help you be prepared for the hearings to follow. With so much at stake, you need to be represented by an experienced child custody attorney. 

Factors in Deciding Parenting Time Arrangements

The deciding factor in a child custody case is always the best interests of the children. Illinois courts entire mission is to decide what type of parenting time schedule will best serve the emotional, physical, and social needs of the children involved. Factors the court will consider include: 

• Child’s wishes - The children’s wishes do matter, however, the judge will also consider the child’s age, maturity, and reasoning skills. Judges are well-aware that younger children are much more susceptible to bribery, and that some children will pick the “fun” parent over the reasonable parent. 

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It is not uncommon at all for one spouse to seek a protection order during a contentious or high-conflict divorce. Even knowing this, you may be taken by surprise when someone from the sheriff’s department shows up and hands you a stack of papers saying that your spouse has been granted an emergency protection order against you. When you get this initial pile of paperwork, you might be shocked and upset. It is important to understand what being served with a protection order means and what to do if this happens to you. Usually, there will be a hearing held about a week to ten days after you are served with the protection order. At the hearing, you will have the opportunity to challenge the protection order. At this hearing, it is important that you are represented by an attorney if you are not already. 

What Does Getting Served With an Ex Parte Protection Order Mean?

“Ex parte” just means that the court took action while one of the parties involved was not present. If you have been served an ex parte order of protection, it means that your spouse went to court without you and told a judge or magistrate that they are in immediate danger of domestic violence and need emergency protection from you. 

At most ex parte protection order hearings, the court will grant an emergency restraining order that takes effect as soon as you are served. However, they will schedule a second, full hearing. You have the right to be present at this hearing and represented by an attorney. At this hearing, both sides can present evidence and call witnesses. Your spouse will have to prove that you are a danger to them in some way. You should have an attorney there to defend you against these allegations.

Divorce can be contentious, emotionally debilitating, and costly, most especially when children are involved.  Under Illinois law, all decisions are determined in the best interest of the child.  A parenting plan includes decision-making responsibilities of the child, and parenting time, formerly visitation, that each parent has with the child. An agreeable parenting plan begets a harmonious home life for the child.  

Achieving and adhering to a parenting plan can sometimes be complicated. A divorce lawyer can negotiate an agreeable parenting plan or facilitate post-decree enforcement of the parenting plan. 

Four Disputes in Decision-Making Responsibilities

1. Education – Where the child attends school is often a source of conflict. A parent may want the child to be enrolled in a private or religious-based school, like a parochial one, while the other parent may wish the child to attend public school. Sometimes tuition costs are the primary factor of this conflict. Academic achievements and a competitive grade point average may also be an issue as one parent may be more lenient while the other is not.  

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