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Illinois divorce attorney, Illinois family lawyer, Illinois abusive spouse lawyer, divorcing an abusive spouse in ILDomestic violence cases occur when a member of your household has been physically struck, threatened, or harassed by an opposing house member. Thoughts of domestic violence cases usually depict a husband abusing his wife; however, victims or abusers can be any household member. Thankfully, a lot of marriages that are linked to domestic violence issues often end in divorce. Before a dissolution of marriage is filed, there are certain precautions and considerations that should be taken to help avoid the situation from escalating. Working with a skilled divorce attorney could expand your knowledge of how the legal system can help when divorcing an abusive spouse.

Request an Order of Protection

For victims of domestic abuse, a judge can provide a temporary court order that would restrict the abuser from having access to the victim. In general, an order of protection would be able to:

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child-custodyFor parents going through a divorce, one of the steps in the process is formulating parenting schedule. Formerly known as “visitation”, parenting time arrangements legally lay out your schedule for parenting and spending time with your child. Oftentimes the custodial parent will remain living in the marital home with the children while the non-custodial parent will move into a new apartment or house and care for the children from that location. This allows each parent to have their own space while still caring for their child. However, there is another option that many families have never heard of known as nesting.

What Is Nesting?

Nesting is an alternative arrangement that some divorcing families use to help their children with the transitional period of the divorce. For those with a nesting arrangement, the children will remain in the marital home regardless of who is caring for them. Rather than moving from one parent’s home to another, the parents come to them. This can help children, especially those of a young age, become accustomed to their parents splitting up. It can be difficult for young children to live between two homes and some parents decide to take additional steps to keep their life as “normal” as possible.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Divorce proceedings can get ugly very quickly, especially when children are involved. Rarely do child custody cases go as planned and both parents usually do not get the custody arrangement that they were hoping for. Regardless of the parents’ marital relationship, many couples get used to co-parenting and can find it difficult to have to “take time off” from parenting their kids. Things can become even more complicated if the parenting relationship is contentious.

What Situations Warrant Visitation?

In order for the court to require supervised visits between a parent and their child, a serious situation must have happened between the parent and child or the two parents. The bad blood between divorcing spouses may prompt one or both parents to try and seek full custody or supervised visitation requirements for the child’s other parent. In order for the court to take this request seriously, one of the following situations must be proven:

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Illinois divorce attorney, Illinois family lawyer,All areas of divorce are difficult: The decision-making, the legal process, and adjusting to a new lifestyle. For couples without children, divorce is a life change that happens on an individual level. However, once children are involved, the ending of a marriage involves your own healing as well as your children’s emotions about the decision. Telling your children about the split is half the battle.

What Do I Say (and Not Say)?

The way you present the news is almost as important as what you say. The following tips provide help on what you should say to your children when having the difficult conversation and how you should say it.

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parentingIn the past, parenting was often solely an option for heterosexual couples. Whether through biological means or adoption, the nuclear family became the norm in American culture. Times have changed and this is now no longer the case. Many same-sex couples now have large families, both biologically and through adoption. Despite the open-mindedness that has now spread throughout the U.S., same-sex couples still experience legal differences in terms of parenting.

What Is Second Parent Adoption?

 In the eyes of the court, there is a difference between the biological parent and non-biological parent regardless of the amount of parenting each person actually does. This means that the non-biological parent does not have any legal rights of the child. If the child was sick in the hospital, only the biological parent is considered family. In the case of separation or divorce, the non-biological parent would have no right to see their child if the biological parent made that decision. While this may not be an issue when both parents are on good terms, this could become a problem if the marriage goes south. Many do not realize the power that emotions can have over a person until they experience heartbreak or a downhill marriage.

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