The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Batavia parenting time attorney

When you get a divorce and you have children, it can feel like the proceedings will never end. Even after all is said and done, and the divorce decree has been issued, the drama can still continue for years. As parents, you will never truly be separated from one another, and the two of you will always be connected by your children. Because of this, it is no surprise that co-parenting can be one of the biggest sources of stress for divorced couples after their marriage has ended. Most couples want to make co-parenting as beneficial to the children as possible, which is why more and more couples are using technological solutions to help manage child custody concerns. Below are some of the most useful and popular apps and websites that can help take some of the worries out of co-parenting.

Google Calendar

One of the most popular ways co-parents stay in touch is by using a shared Google Calendar. This is accessible through a website or an app, and it allows both parents to keep tabs on different events and shared commitments that involve the children. Parents can even use the calendar to keep track of other events that might require a change in schedule.

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Illinois divorce attorney, Illinois family lawyer,Getting a divorce -- or dissolution of marriage, as it is called in Illinois -- means the marriage between you and your spouse will be legally terminated. One your divorce case is approved by a judge and he or she has given you a Judgement of Dissolution of Marriage, both you and your former spouse will be free to remarry and can resume your former name, if applicable. Getting a divorce can be a very long and complicated legal process, so it is important to understand the basics before you begin the process.

Filing the Petition

To officially begin the divorce process, you must first file a Petition for Dissolution of Marriage in the circuit court of the county in which either you or your spouse resides. To file this petition, either you or your spouse must be a resident of Illinois for at least 90 days and you must be able to prove that you and your spouse have irreconcilable differences. Once the petition is filed, a copy of the petition will be served to your spouse.

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Illinois divorce attorney, Illinois family lawyer,Making the decision to get divorced is not one that comes easily to most people. A marriage does not break down overnight -- it takes months or even years to reach the point of no return for most divorcing couples. Once you have made the decision to get a divorce, the first step in what is often a long process is figuring out how you will go about the divorce and which divorce lawyer is right for you. Shopping for a divorce lawyer is a lot like shopping for a car -- they are not cheap, so it is important that you make your decision with care and thorough knowledge. If you are beginning the process of finding a divorce lawyer that would be a good fit for your family, here are a few tips that can help guide you:

Determine What You Need

Before you even contact any lawyers, you should figure out what exactly you are looking for in a divorce attorney. Which specific needs do you have? Is your divorce contested or is it straightforward? Do you need an attorney who especially experienced in certain parts of family law, such as child custody? Are you looking for an attorney with experience dealing with collaborative divorces, mediation or traditional divorces? Determining your needs can help determine what kind of lawyer you need.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Parenting is a full-time job and it is never really easy. Co-parenting can be even more difficult after a divorce, especially if your divorce was particularly heated and contentious. You may wish that you never have to see or talk to your ex-spouse ever again, but the truth is when you have children, you will never truly be completely separate from your spouse. Your children are the most important aspects of your life and for their sake, you should learn how to co-parent peacefully with your spouse. Here are a few tips you can use to help form a successful co-parenting relationship with your ex: Put Your Emotions on the Backburner Co-parenting is almost never easy. You may feel emotions like anger, disappointment, sadness, rage, and even hatred, but you must try to put these feelings aside and work with your ex, rather than against them. Never allow your feelings to put your kids in the middle of your problems with your ex. You can argue with your ex all you want, just do not do it in front of your child. Work to Communicate Effectively When it comes to successful parenting and co-parenting, communication is key. Though you may not want to communicate with your ex, you will have to in order to co-parent effectively. Try keeping conversations with your ex centered around your children rather than yourselves and try to keep the tone of the conversation formal and business-like. Be Consistent Consistency is key with children. They thrive off of routine and it can even help them to cope with the divorce by not adding more stress and different expectations at each home. Try to keep their schedules as similar as possible at both homes, like having the same bedtime at each home. Make Decisions Together Your child’s well-being is your number one priority. Decisions about your child should be made by both you and your ex -- not just one of you. When it comes to decisions about your child’s education, medical care, and other important life issues, you should always include your spouse in the decision-making process. Hire a DuPage County Child Custody Attorney Today

Before you are able to finalize your divorce, you will have to submit to the court a completed parenting plan that you and your spouse both have signed and agreed upon. Though it may be difficult, it is in everyone’s best interest to come to an agreement on child custody and parenting time on your own, rather than having a judge tell you what you will do. At the Law Office of Matthew M. Williams, P.C., we can help you and your ex come to an agreement about these issues and more. Our skilled Aurora, IL child custody lawyers know what it takes to create a solid parenting plan and will help you formulate a plan that works for your family. Call our office today at 630-409-8184 to set up a consultation.

 

Source:

https://www.helpguide.org/articles/parenting-family/co-parenting-tips-for-divorced-parents.htm

Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,When you are going through a divorce, it can pretty much turn your life upside down. Though you may experience some stress and anger, there are ways that you can combat that stress and deal with your anger in a healthy way. Unfortunately, this is not what happens in all divorces. In some cases, one parent may have so much hate for the other parent that it overcomes the love that they have for their children. This is when parental alienation usually appears and it can be detrimental to your child’s wellbeing.

What Is Parental Alienation?

Parental alienation occurs when one parent tries to turn the children against the other parent. Most of the time, this happens when one parent is so angry at the other parent that they use deprecating comments, false allegations, and bribery to try to get the child to turn against the parent. Both the mother and the father are equally as likely to be the alienated and alienating parent. Typically, parental alienation occurs in families in which one or both parents have a personality disorder, but parental alienation can happen in any family.

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Illinois divorce attorney, Illinois family lawyer, Illinois guardian ad litemIn divorce cases that are less-than-amicable, things can get heated and they usually get heated quickly. While most divorce cases involve children, those cases can often be the most stressful to deal with. Each parent truly wants what is best for their child, but because of the situation, thoughts on what is best for the child may become skewed or muddied with all of the other feelings that the parent may be feeling toward their spouse. In situations like these, the judge or either of the parents is allowed to request a guardian ad litem (GAL) to be a part of any child-related decisions.

What Is a Guardian ad Litem?

In Latin, guardian ad litem literally translates to “guardian for the lawsuit.” In modern-day divorce cases, a guardian ad litem is typically assigned to cases when they are ordered by the judge, but either spouse of the divorce can request a guardian ad litem for their child. The guardian ad litem is a guardian appointed to your specific case and is tasked with the role of protecting the interests of the child.

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holidaysDivorce is hard - that is no secret. But divorce is even harder during the holiday season. The holidays are all about spending quality time with your family, but when your family is split up, you have to find other ways to celebrate and make the season special. When you are divorced with children, you typically have a parenting plan that outlines where your child will be during certain times of the year and which holidays the child will spend with which parent. One of the hard truths that you must come to realize is that you will not always spend every single holiday with your children. While it can be difficult, it is something you must get used to. Here are a few tips you can follow to survive the holidays without your children

Do What You Want to Do

One of the best things you can do during the holiday season without your kids is whatever you want to do. If that means that you want to stay home, decorate your house for the holidays and host a big holiday party, then do it. Maybe you might want to take that warm beach vacation for the holidays but never wanted to make your children sacrifice holiday traditions. A year without your children during the holidays is a perfect time to do whatever your heart desires.

Practice Self-Care

Any time you know there will be outside factors affecting your mental health, it is always a good idea to make sure you are practicing self-care and keeping yourself in tip-top shape. Make sure that you are eating well and drinking plenty of water, along with getting plenty of sleep and exercise. You should also make sure you are taking care of your emotional health. If you are not spending holidays with your children, make sure you are spending it surrounded by your side of the family or with your friends.

Celebrate with Your Children Before or After the Holiday

Even if you cannot spend the actual day of your holiday with your children, you can still celebrate with them - just move it forward or backward, depending on what works for you. This way, you still get to spend time with your children and practice your traditions, but your spouse also gets their turn to celebrate.

An Aurora, IL Parenting Time Lawyer Can Help You Create a Sound Parenting Plan

Though you cannot expect to spend every single holiday with your children every year, you can make sure that your parenting plan outlines which specific holidays you spend with your children. A DuPage County parenting time attorney can help you draft your parenting plan so that it meets both you and your children’s needs. The Law Office of Matthew M. Williams, P.C. can help you with all aspects of your divorce, including your parenting plan. Call our office at 630-409-8184 to schedule a consultation.

 

Sources:

https://www.psychologytoday.com/us/family-law-attorney/divorced-children/200812/managing-divorce-and-children-during-the-holidays

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divorceWhen it comes to divorce, there can be a lot of confusion around how it works, the legalities of it and how it affects you in the long run. Some of this confusion can be attributed to the difference in laws between states, some can be contributed to the portrayal of divorce in movies and television, but much of the confusion surrounding divorce is because no two divorces are the same. Stories that you hear about other people and their divorces can be misleading because much like people, no two divorces are the same. Allowing yourself to be consumed by divorce myths can be detrimental to your divorce success. Here are four common divorce myths and the realities behind them.

If You Cheat, You Will Suffer in the Divorce

The notion that adulterers lose in a divorce is an antiquated one. While cheating brings about many types of issues and can be emotionally damaging, Illinois does not recognize cheating as grounds for making decisions about divorce-related matters. The Illinois Marriage and Dissolution of Marriage Act states that one of the purposes of the Act was to “eliminate the consideration of marital misconduct in the adjudication of rights and duties incident to dissolution of marriage.”

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,There could be many reasons why you would want to petition to move out of the area with your child after a divorce - you could be moving for your job, to be closer to family or maybe you just want a change of scenery. Whatever the reason is, as long as you have the majority of parenting time or equal parenting time allocated to you, you can petition to relocate with your child. Typically, relocating with your child requires a change in your existing parenting plan. Though the process to make the change in your parenting plan can be stressful and time-consuming, it is not impossible.

Steps You Must Take

In Illinois, there typically must be a significant change in circumstances before you can change your parenting plan.  A relocation constitutes a significant change. If you plan on relocating with your child, you are required to submit a written notice of relocation to your child’s other parent within 60 days of relocating. If you do not provide notice, the court can use that as a factor in considering whether or not the relocation is in good faith.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, comprehensive parenting plan, In addition to dividing property, savings accounts, and retirement funds, many divorcing couples also have children that they must make arrangements for. Divorce is hard on everyone in the family, but it is arguably the hardest on the children. By creating a comprehensive parenting plan that encompasses as many issues pertaining to the children as possible, you can help eliminate some of the trepidation and mystery that a divorce brings.

Parenting Plan Is Required by Law

Under Illinois law, all couples who are divorcing and have children together must submit a parenting plan that covers a certain set of issues. These parenting plans help the court decide what the proper course of action is when awarding parenting responsibility and parenting time. If a couple does not have a comprehensive parenting plan to submit to the courts, they will be required to attend mediation to come up with a parenting plan that is agreeable to both parents.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,When you are going through divorce proceedings, one of the many facets that you will come across is issues pertaining to your children. In Illinois, physical child custody and visitation are called parenting time and legal custody is called parenting responsibility. When making decisions about these things, the court is always taking into consideration the best interests of the child. The majority of parents are concerned with their child’s best interests, but their views of what is best for the child can sometimes be clouded by everything else surrounding the divorce. Understanding what the court considers best for the child can help you anticipate what decisions the court will make with your case. What Is the “Best Interest” of the Child? In legal terms, the best interest of the child is used in most cases involving decisions made about children. This means that the judge presiding over the case will base his or her decision about parenting time and responsibilities on a number of factors to best suit the child’s individual needs. All states have some sort of standards set in place to determine what is in the child’s best interests. Determining Factors in Illinois

The Illinois Juvenile Court Act of 1987 set into place specific factors judges take into consideration when a “best interest” determination is required. The child’s age and developmental needs are taken into consideration, along with:

  • The physical safety and welfare of the child, including basic needs;
  • The development of the child’s identity;
  • The child’s background and familial, cultural and religious ties;
  • The child’s sense of attachments, including where the child feels love, their sense of security and familiarity;
  • The child’s wishes;
  • The child’s community ties, such as church, school, and friends;
  • The child’s need for permanence and stability;
  • The uniqueness of every family and child; and
  • The preference of the parents.
Contact A DuPage County Parental Responsibility Lawyer

Divorce proceedings can get messy pretty quickly and parents can lose sight of what is important - their children. Everything a parent does should be in the best interests of their children and Illinois courts want to make sure of that. If you are going through a divorce with children, you should get the help of an Aurora divorce attorney who can focus on your divorce so you can focus on your children. Contact the Law Office of Matthew M. Williams, P.C. to see how they can help you with your case. Call the office at 630-409-8184 to set up a consultation.

 

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custodyDivorce is not a walk in the park--some divorce cases can become extremely nasty pretty quickly. Unfortunately, in cases where there is a lot of fighting between spouses, the children often get lost in the shuffle. The parents are so preoccupied with fighting with each other that the best interests of their children often get pushed to the bottom of the pile, even if it is unintentional. Illinois courts recognize that divorce can wreak havoc on the emotions of those going through the divorce process, so they have put measures into place to make sure that the best interests of the children involved in these divorce proceedings are kept at the forefront.

When Is a Child Representative Used?

The Illinois Marriage and Dissolution of Marriage Act states that any proceeding that deals with issues of support, visitation, custody, allocation of parental responsibilities, education, parentage, property interest or general welfare of a dependent child warrants a reason for the court to appoint a representative of some kind for the child involved in the hearing. There are three types of representation that is recognized in Illinois:

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Divorce is a giant change of pace in a family’s life. Parents know that divorce can be difficult for children to adapt to and can cause undue emotional distress. They work to minimize the effects of divorce on their children, which is how a fairly new parenting arrangement has come around. This arrangement is called “nesting,” which is a very child-centered approach to allocating parenting time. What Is Nesting? Nesting is a co-parenting arrangement where parents continue to share the family home and take turns living there to take care of the children. Rather than getting used to moving back and forth between two separate homes, the children reside full time in the family home that they are used to. The goal of nesting is to maintain a stable home for the children while the divorce is changing the aspects of the family’s life. Can Nesting Work for You? Because nesting involves high levels of cooperation and communication between the two parents, this type of arrangement usually only works with parents who are on good terms with each other. Minimal conflict is key for nesting to work--parents must be willing to put their children's’ well being ahead of their own. The family must also be able to provide some sort of other living arrangements for the parents when they are not at the family home--it can get expensive to sustain two living quarters, plus the family home. Advantages of Nesting

There are many advantages of this alternative type of child custody arrangement. Advantages of nesting include:

  • Stability for the children;
  • Children get quality time with each parent;
  • Promotes communication and cooperation between parents; and
  • Can give parents time to sort out divorce matters, such as housing.
Nesting can also realign parents’ focus to what really matters most--their children. Their children will be the common factor between the two once the divorce is finalized. Nesting allows parents to learn how to work together as two single people. Consult with an Aurora Child Custody Attorney

Nesting is an optimal solution to child custody arrangements during or after a divorce. With nesting, children maintain a stable living environment in order to minimize the effects of divorce. While this seems like a good idea, for some divorcing couples, it may not be possible. If you are going through a divorce and you need help making custody arrangements, you can benefit from the help of an Illinois child custody attorney. Contact the Law Office of Matthew M. Williams, P.C. to figure out which custody arrangement is right for you. Call 630-409-8184 to schedule a consultation.

 

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Many things can trigger a move after a divorce - a new job, moving to be closer to family or even a new relationship. When a parent wants to relocate a child after a divorce, they must take certain steps to ensure that they are relocating the child legally and not in violation of any current parenting agreements.

What Is Considered Relocating?

According to Illinois law, you are considered to be relocating if you are moving more than 25 miles from the child’s original home if it is within Cook, DuPage, McHenry, Kane, Lake or Will counties or if the new home is out of state. The law also says that if the original home is not within the listed counties, a move is considered relocation if it is more than 50 miles from the child’s original home.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Divorce is a fairly common thing in the United States, with the Illinois Department of Public Health reporting that 29,331 divorces were granted in the state of Illinois in 2016. Divorce can be a messy process, spanning months, or even years in difficult cases. There are many things to consider, like assets, money, debts and even children. The divorce process can be overwhelming, but with the help of a lawyer, it can be simplified. Filing a Petition

After you have made the decision to file for a divorce, the first step is to file what is called a petition. A petition is simply just the formal way of asking the court of the county where you reside for a divorce. Even if the divorce is a mutual agreement, one spouse must file the petition that will be served to the other. The petition will state the two individuals involved in the divorce, information about the residency requirements and the reason for the divorce. In Illinois, you qualify for divorce if you have lived in the state for more than 90 days. You can choose whether or not you want to state a reason for divorce or if you want to file a no-fault divorce. The state of Illinois recognizes the following as grounds for divorce:

  • Habitual mental cruelty;
  • Habitual physical cruelty;
  • Drug or alcohol abuse;
  • Willful desertion or abandonment for one year;
  • Adultery;
  • Infection with a sexually transmitted disease; and
  • Conviction of a felony.

Temporary Orders

The next step in filing for divorce is to gather and fill out all of the documents necessary to reconcile your separation. These forms are called temporary orders and they set rules for family and financial issues during the time that the divorce is being processed. These forms pertain to issues such as:

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Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,When a child custody decision must be made by the court, one of the first jobs is to determine who is and is not a legal parent. A few years ago, the Illinois legislature completed a massive rewrite of the Illinois Parentage Act to better clarify who in a relationship has a parental claim to any children that are part of the union in question.

What the Courts Look At

While the courts and child advocate representatives are required to make decisions based on what is in the best interests of the children in question, other factors may impact who is awarded custody and who earns child visitation rights once a relationship has ended. This is where stipulations set forth in the Illinois Parentage Act spell out that which is to be considered. In the case of determining a relationship between a child and a woman claiming to be the mother, the following scenarios are considered:
  • The woman gave birth to the child, EXCEPT in cases that involve a valid contract of surrogacy.
  • A complete and valid adoption.
  • Custody following completion of a valid surrogacy contract.
  • A previous court judgment of the woman’s parentage.
  • A previously stipulated acknowledgment of the woman’s parentage.
When determining a man’s claim of parentage, the scenarios considered are similar in nature, but with one obvious exception.
  • A legal and voluntary acknowledgment of paternity, unless successfully challenged and rescinded.
  • An unrebutted presumption of parenthood.
  • A previous court decision acknowledging the man’s parentage.
  • Completion of a valid adoption.
  • Custody following execution and completion of a legally binding surrogacy contract.
The Illinois Parentage Act guides the process of determining a parent-child relationship. It further authorizes genetic testing, establishes the procedures regarding parents of a child created using means of assisted reproduction and identifies who is obliged in matters of child support.

Rely on an Experienced Illinois Child Custody Attorney for Proven Help

When ongoing custody and questions of visitation are at stake, parents would rather not leave these matters to chance. Seeking the assistance of a knowledgeable DuPage County child custody lawyer will allow you the representation necessary to fight for a fair child custody agreement. The Law Offices of Matthew M. Williams, P.C., are aggressive advocates for our clients, using all the resources available to pursue a fair and favorable outcome. Do not allow your custody case to proceed without qualified representation. Call our offices today at 630-409-8184 to schedule a consultation.

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Posted on in Child Custody

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Perhaps one of the most difficult and emotional parts of any divorce is when the the future and custody of children is involved. This can still weigh heavily even years after a divorce is final when parents enter into a new relationship and combine their children with those from another family whose parents are no longer married.

Unlike Television

When two adults decide to enter into a relationship, especially one that may result in marriage, their children usually have little influence. However, getting married and starting a family that involves the blending of two, previously existing families, definitely comes with some pitfalls to navigate on the path to establishing a happy and healthy household.

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Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,The idea of leaving your children parentless due to a tragic illness or accident is not a thought on which many like to dwell. However, taking necessary steps now to establish a clear and legal guardianship plan for your children can provide a measure of relief knowing you have prepared for their safekeeping.

What to Do, How to Do It

Preparing for the care of your children in the event of your death can be an easy process if one adheres to established laws and procedures. Ensuring your guardianship plan passes legal muster will prevent others from contesting guardianship, and wresting away custody of your children from those who you want to raise your kids. Before you get started, however, you probably have some questions:

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end-marriageThere are a lot of people out there who claim to be experts on a wide variety of matters. The truth is that more times than not, the most knowledgeable person on any issue is the one who has lived the experience. This holds for divorce, as there are certain things about ending your marriage and living as a divorced adult that only those who preceded you really understand.

Been There, Done That

It is no secret that even just considering a divorce is something that weighs heavily on one’s mind, as the lasting implications affect more than just the married couple and more than just the immediate household. Here is a list of issues that come with a divorce, from those who went through the process:

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Posted on in Child Custody

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Honest and open communication is an important tool in any relationship. When it comes to breaking the news about an impending divorce, good communication skills will come in handy. This is especially true when it comes time to telling your children that you and your spouse are divorcing, and the subject of child custody becomes a reality.

Breaking the News

Just as many adults are affected by the news of divorce, children frequently take the news quite hard. The range of emotions, from anger to guilt, can impact many other areas of their young lives. Here are a few thoughts on the subject that may just help you break the news while easing the pain your children feel, even if just a little bit:

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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