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IL divorce lawyerThe average marriage ceremony takes less than an hour. However, undoing a marriage through divorce can take weeks, months, or even years. Spouses may need to address the division of property and debt, spousal support, child support, child custody, and more. If you are like many spouses beginning the divorce process, you may wonder how you will handle the months or years between filing the divorce petition and the divorce’s resolution. Temporary orders can address important divorce issues like child custody or spousal support while the divorce is ongoing.

Temporary Relief Orders During an Illinois Divorce

Often, divorcing spouses are unable to reach an agreement about how to handle parental responsibilities, parenting time, financial concerns, and other divorce issues without the court’s intervention. Temporary relief orders may address:

  • Spousal support – Separation and divorce can represent a massive financial blow – especially when a spouse is disabled or has not worked outside of the home for many years. The amount of spousal support a spouse can receive is based on the particular facts of the case, including each spouse's financial needs, the standard of living established during the marriage, the children’s needs, and the paying spouse’s ability to pay spousal maintenance.
  • Child custody – A temporary order can establish how the parents will share parental responsibilities and parenting time. Temporary orders for child-related issues can benefit both the parents and the child. A temporary order can create a predictable parenting time arrangement which can give a child the stability he or she needs during this tumultuous time.
  • Child support – Child-related costs including school expenses, extracurricular fees, childcare, housing, and everyday expenses like groceries can quickly add up. A temporary child support order can provide valuable financial assistance to a parent before the final child custody order is entered.
  • Property concerns – Temporary relief orders can also address property concerns such as who will reside in the marital home while the divorce is ongoing, who will keep which vehicles, or how medical expenses and health insurance will be handled.

Contact a Naperville Divorce Lawyer

Temporary relief orders can address child-related issues and financial concerns while your divorce is still ongoing. For help seeking a temporary order or for other divorce needs, contact the skilled DuPage County divorce attorneys at Pesce Law Group, P.C. Our team can help you explore all of your legal options and determine the next steps. Call our office today at 630-352-2240 for a free, confidential case review and consultation.

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IL divorce lawyerEnding a marriage can be a complex process emotionally, legally, and financially. This is especially true when parents divorce. If you share children with your soon-to-be-ex, it is important to educate yourself about the way Illinois handles child custody. The state revamped several major divorce and child custody laws in 2016. Now, parents are asked to create a parenting plan that describes each parent’s parental responsibilities and parenting time.

Child Custody Laws in Illinois

When parents file for divorce, they are asked to create a “parenting plan” or parenting agreement that describes child custody issues. While the terms “child custody” and “visitation” are still sometimes used informally, the law no longer uses these terms. Instead, child custody is broken down into two major components:

  • Parental responsibilities –The parents will determine who has authority to make decisions about their child’s education, extracurricular activities, medical care, and religion.
  • Parenting time – The time that each parent spends taking care of the child.

What Must Be Included in the Parenting Plan

There are 15 specific requirements for Illinois parenting plans. The parents must decide how major decisions about the child will be made. Sometimes, one parent takes charge of all major decision-making. Other times, parents share these responsibilities. Parents must also include either a parenting time schedule or a detailed method for allocating parenting time – including parenting time during holidays, school breaks, and other special circumstances. The parenting time schedule or method must be detailed enough to be enforceable in any future legal proceeding. The parents are also asked to include information about how the child will be transported between homes and what should happen if a parent wishes to modify parental responsibilities or parenting time in the future.

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IL divorce lawyerStudies show that approximately 16 percent of married people cheat on their spouse at least once in their lives. Of course, what constitutes “cheating” is up to the individuals involved in the marriage. Whether your relationship was affected by a one-time instance of sexual infidelity or a long-term affair, there is no doubt that cheating can dramatically impact a marriage. But how does infidelity affect divorce? Are spouses entitled to a greater share of marital property or higher spousal support payments if their spouse cheated? Does infidelity impact child custody determinations? Can you list “adultery” as the grounds for your divorce?

Adultery in Illinois Divorce Cases

The grounds, or legal justifications, for divorce vary from state to state. Presently, Illinois is a no-fault divorce state. This means that you will not list adultery or other fault-based grounds as the reason for your divorce. The only reason you will have available is “irreconcilable differences.” Infidelity and other forms of marital misconduct do not typically impact the division of assets and debts, spousal maintenance, or child custody decisions in Illinois divorce cases. However, there are ways that adultery or an affair partner can influence divorce determinations.

Dissipation of Assets

Dissipation of assets occurs when a spouse uses or destroys money or property for a purpose not related to the marriage after the relationship has experienced an irreparable breakdown. One of the most classic examples of dissipation occurs when a spouse uses marital or non-marital property to fund an affair. For example, consider a marriage in which both spouses are unhappy. The spouses no longer share a bed or share their lives with each other. The wife has an affair. She uses $10,000 worth of savings to go on a vacation with her secret boyfriend. Through a dissipation of assets claim during the property division process, the woman’s husband may be able to recover the funds that were spent during the extramarital affair.

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