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DuPage County divorce attorney child custody

Illinois divorce law states that if a couple cannot agree on the allocation of parental responsibilities, the court will make a decision based on the couple’s child’s best interests. These decision-making rights allow either one or both parents to make determinations regarding a child’s education, health (both physical and mental), and if and how religion will be incorporated into their child’s upbringing. The law continues to define what a child’s best interests are in the eyes of the court. Certain factors, including psychological issues, can play a role in making child custody decisions.

A Child’s Well-Being

The overall goal of child-related decisions in a divorce is to do what is in the child’s best interest. Some of the most significant considerations when deciding child custody in an Illinois divorce may include:

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Naperville divorce lawyerA divorce decree is legally binding and neither spouse is allowed to violate its terms. If your spouse does not abide by the agreement settled on during mediation or by a judge’s ruling, it is vital to work with a divorce attorney to clarify and resolve this conflict. Since there are many aspects to a divorce, there are different ways a spouse can violate a court order and each violation can carry different consequences. There is no one-size-fits-all punishment for violating the terms of a divorce.

Enforcing an Illinois Divorce - Contempt Proceedings

In general, when someone violates a court order, he or she is held in contempt of court. A spouse’s willful neglect to make child or spousal support payments, failure to comply with a parenting time order, and the refusal by one spouse to give specific assets to the other as stated in the divorce decree are all examples of violations. If your ex-spouse violates the terms of your divorce, you can file for contempt proceedings.

It is essential to try to communicate with your ex-spouse and learn if there was a reason that he or she failed to follow your divorce terms. There are many reasons a spouse may not be able to make child support payments on time. Sometimes, learning what mitigating factors might exist can lead to a resolution without court intervention.

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Naperville divorce lawyerThe Baby Boomer generation has never been one to follow tradition and maintain the status quo. In past generations, it was often said that the longer your marriage lasted, the less likely you were to get a divorce. Today, things are quite different. A large number of older couples are choosing to divorce later in life, and the divorce rate of those 50 and older has doubled over just the past two decades. For those 60 and older, the divorce rate has tripled. This trend makes sense, however. Many older couples today find themselves with grown children out of the house and realize they are no longer happy in their marriage. It is never too late to take a step towards happiness. Gray divorces, however, do have their unique challenges, and baby boomers themselves are not the only group impacted. The millennial children of the baby boomer generation, most of them now adults, are also impacted by their parents decision to divorce. Changing family dynamics can be difficult for everyone involved, including adult children.

All Grown Up

Adult children often struggle to cope with their parent’s separation, despite the assumption that adults should be able to easily handle the split as they are no longer children tied directly to their parent’s decisions. In reality, specialists say that millennials today are feeling the impact of the increasing gray divorce rate in a number of ways. Firstly, adult children of divorce often feel they have no one to talk to about their parents separation. “There is this message you are getting that you should be doing fine,” says one therapist and divorce specialist. “You are all grown up and this is your parent’s decision. Adult children of divorce feel they do not have anyone to talk to about it.”

Additionally, many adult children of divorce say they are burdened with hearing too much information about their parent’s unhappy marriage. While adult are certainly more easily able to cope with a major life change like a divorce, gray divorcees should avoid over-sharing with their children. Instead, older divorcees should seek other confidants to vent and process emotions with.

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