Tag Archives: DuPage County divorce attorney

How Does a Spouse’s Incarceration Affect an Illinois Divorce?

DuPage County Contested Divorce AttorneyIf a spouse is currently in prison, divorce is an important decision that the couple may consider. The complex feelings and consequences of seeing a husband or wife go to prison can be overwhelming. In addition, the couple’s children will find it especially challenging to live without their incarcerated parent. This is why, depending on the situation, divorce might be the best option. There are many other reasons to initiate a divorce under these circumstances, and there are steps to take to ensure a seamless legal proceeding.

Reasons for Divorce During Incarceration

Studies suggest that incarceration increases divorce rates, and even if the inmate is released from prison, the marriage might still be more susceptible to divorce long thereafter. In fact, for every year a spouse is in prison, the likelihood of divorce during or after imprisonment increased by about 32 percent. There are many reasons for a divorce between one spouse and an incarcerated spouse, including:

  • Estrangement

  • Feelings of loneliness

  • Lack of intimacy

  • Financial problems

  • Child support issues

Reasons for Divorce After Incarceration

It might be easy to assume that once the incarcerated spouse is released from prison and back at home, the dynamics of the marriage and family will return to the way they were prior to incarceration. However, the truth is that the transition is often much more complicated than that. Even if the incarcerated spouse is released from prison, there are still greater odds of divorce resulting from the time spent locked up. Criminologists have researched the effects of incarceration on marriages and have found that even after being released from prison, the formerly incarcerated spouse and his/her spouse might exhibit the following characteristics:

  • More violent behavior

  • Less loving qualities

  • Extramarital affairs

Combine the above traits with many of the same issues faced during incarceration that persist even after imprisonment, and divorce becomes a likely outcome for many of these couples.

Legal Process for Divorce When One Spouse Is Incarcerated

Overall, the legal process for divorce when one spouse is incarcerated is not much different from the usual divorce process. In many cases, the two spouses agree to have an uncontested divorce, since this is the quickest, easiest, and most affordable option. In situations where a divorce is contested by one or both spouses, the process will be more challenging. Funds are limited, making it difficult for one or both spouses to afford a lawyer, and the imprisonment makes appearing in court problematic. Thankfully, some courtrooms in Illinois have agreed to allow proceedings via video.

Contact a DuPage County Divorce Lawyer

Divorce under any circumstances can be a difficult decision to make, but when one of the spouses is serving time in prison, it can be even more challenging. Although it might seem daunting at first, with a knowledgeable and dedicated Wheaton, IL contested divorce attorney providing guidance, you can be prepared to navigate this major life event with ease. If you or your spouse are currently incarcerated, and you have questions about the divorce process under these special circumstances, call our office today at 630-871-1002 for a complimentary consultation.

Sources:

https://www.vox.com/2014/5/29/5756646/every-year-of-a-prison-term-makes-a-couple-32-percent-more-likely-to

https://www.theatlantic.com/politics/archive/2017/09/the-difficulty-of-getting-a-divorce-in-prison/538653/

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm

How Can a Child Support Order Be Modified in Illinois?

DuPage County child support modification attorneyAfter you have gone through a divorce and are paying or receiving child support, there may come a time when you believe the amount you pay or the child receives should be adjusted. In Illinois, this may be done through a modification review process.

When Can I Have My Child Support Order Modified?

Under Illinois family law, an order for child support is eligible for modification review every three years, or when there is a significant change in either parent’s income or in the needs of the child. In the case of a three-year review, a parent will receive a letter from the agency in charge, informing them of the right to request a review.

Who Conducts the Modification Review?

Modification reviews of child support orders in Illinois are done by the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS). The agency is tasked with the responsibility to make sure child support orders are consistent with applicable Illinois law and changed circumstances involving all concerned.

What Are the Requirements for Child Support Modification Review?

To qualify for a modification, one of the following conditions must be met:

  • At least three years must have passed since the date child support order was issued or since the date of the decision from the last modification review.

  • There is a substantial change in the non-custodial parent’s income.

  • There is nothing in the order that addresses the child’s healthcare coverage.

  • There is a written communication received by DCSS from the custodial parent, the non-custodial parent, or an agency in another state requesting a review.

If you have requested the modification review, both you and your ex-spouse will receive a letter from DCSS stating whether the order qualifies for modification review or not. You should expect this letter in 30 days or less from when DCSS receives your request. If the order qualifies for a modification, both you and your ex-spouse will be asked to provide information to be evaluated in determining whether your request should be granted.

What Happens After a Child Support Modification Review?

DCSS will analyze the information you and your ex-spouse provide to recalculate the amount of child support your child should receive. The results of the analysis will be sent to you by mail. This notice may state that the amount of child support payments will increase, decrease, or remain unchanged. If you disagree with the decision, the law allows you various ways you can have this decision itself reviewed.

Contact a DuPage County Child Support Lawyer

Requesting and obtaining a child support modification can be a complicated process, especially when there are other issues that cannot be resolved by DCSS. To ensure that the decisions made will meet your family’s needs while protecting your financial resources, you should work with an attorney who is experienced in family law and understands how the child support modification review process works. If you believe there are good reasons why child support ordered in your case should be modified, our knowledgeable Wheaton, IL family law attorneys are ready to help you get the modifications you need. To schedule a free consultation, call 630-871-1002 today.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx