Illinois Lawyer Referrals and Legal Guidance

When we hear from people who claim to have an uncontested divorce, we are skeptical. We want to believe them. However, a truly uncontested divorce is fairly rare. It means that you agree on every single issue, not just the fact that you want a divorce.

If you honestly agree on everything – property division, retirement accounts, real estate, furniture, debts, child support, spousal support, custody, visitation, and even the family pet – then that’s great news. It’s going to cost you less and take less time to get through the process.

In many cases, however, something is contested, or becomes contested as the divorce gets underway. Something that may come up is the idea of sharing an attorney, or relying on your spouse’s attorney. It may save you money on attorney fees, but it could cost you a lot in the long run.

If your spouse already has an attorney, get your own. That attorney may be friendly to you and keep you informed, but they are not on your side. It is their job to look out for your spouse’s best interests, which are likely the opposite of yours. When it comes to signing a settlement, which is how most divorces end (rather than at trial), you won’t know what’s considered fair. You could end up with all the debt, none of the assets and paying spousal support for years. It sounds crazy, but it happens.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

A new boyfriend or girlfriend can destroy an amicable child custody/visitation arrangement between exes. Feelings of anger tend to be more intense when there are children involved, because you can’t just move on. You are forced to deal with your ex if you have children together. The general rule is that unless the new boyfriend/girlfriend poses a threat to the children’s safety, it shouldn’t affect visitation.

A common call we get is from a custodial parent (whom the child lives with most of the time) who does not want their children to visit the other parent because that parent has starting seeing someone they don’t approve of. Usually, there’s not much you can do. However, if you’re in this position, and you feel the new person is dangerous, there may be something you can do. You’ll have to go to court, and we recommend getting an attorney to help you decide whether it’s worth pursuing. It can be an uphill battle because a judge is going to look at the best interest of the child, which includes spending time with both parents.

Another example is the opposite. We hear from parents who say that they are seeing someone new and now their ex is denying them visitation. If you are being denied visitation, get your court order enforced. If you don’t have a court order because you have been relying on verbal visitation agreements, it’s time to make it official.

Bottom line: Both parents have the right to see their child or children, and that is ultimately more important than their personal relationships.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

The term joint custody is often misunderstood. It’s misleading, because it sounds like a 50/50 arrangement, but it’s more limited than that. Joint custody refers to the decision making power of a parent. If you and your child’s other parent have joint custody, it means that you have equal say on things like schooling, religious education, medical treatment, etc.

What it doesn’t mean is 50/50 split on visitation or living arrangements. You could have joint custody, but only see your child twice a month. You would still have that decision making power, but if you aren’t the custodial parent, you will have a visitation schedule that may not be 50/50. Also, joint custody doesn’t mean you won’t have to pay child support. It’s common to have joint custody but still owe child support.

We’re not saying joint custody is a bad thing. It’s just not the whole picture. If you believe it’s in your child’s best interest to live with you and that you are entitled to child support, then go after these things. It’s rarely easy if the other parent disagrees, but the court may agree with you.

Our point is that joint custody isn’t what a lot of people think it is. Decision-making power is one thing, and then there is where the child will live, visitation schedules, and financial responsibilities. It can be confusing, and you may need an attorney, especially if the other parent has one.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.