Family Law & Divorce
Child Related Issues
Preguntas Legales Frecuentes
Will it Matter in Our Divorce Where We Got Married?
Many questions come up when you either contemplate or begin the divorce process. This includes matters related to child custody and visitation, child support, spousal support, and marital property distribution. Before you make any decision, speak with an experienced divorce attorney who can guide you through the divorce process.
One common question is whether the location of your wedding will cause complications during divorce if it occurred in another state or country.
The skilled divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella understand the uncertainty and various concerns that accompany divorce. We know the strain can be overwhelming as you ponder your post-divorce life. Whatever worries you might have, MKFM Law can provide the legal advice and representation you need to lessen the emotional burden.
Regardless of whether you and your spouse can reach agreements via collaborative divorce or divorce mediation, or if you require divorce litigation, you can trust MKFM Law to fight for the resolution you want.
In short, no. If you were legally married in another state or country and it does not conflict with Illinois law, it is legally recognized by the court. If you have resided within the state of Illinois for at least 90 days prior to divorce decree finalization, the court has legal authority to grant the dissolution of your marriage.
At MKFM Law, we provide compassionate care for our clients while aggressively pursuing the divorce agreement they need as they transition to the next chapter of their lives. To speak with an adept DuPage County family law attorney, contact us at 630-665-7300 for a free consultation.
If I Move Out of Our Home During Divorce, Will I Be Charged With Child Abandonment?
When you decide to get a divorce, or if your spouse informs you of their intention to file for divorce, you will confront many concerns you likely never considered before. This includes child custody and visitation, spousal maintenance, child support, and the division of marital property.
Perhaps the most immediate issue to address is what will happen to your living situation. Should you move out of your residence? Should your spouse move out? What are the ramifications?
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the difficult situations and decisions that arise as part of the divorce process, especially in the beginning. Leaving your home is one of the most impactful choices involved .
Living under the same roof with your soon-to-be ex-spouse is often not the best course of action. Even in a collaborative divorce, there are many trying days ahead, and disagreements can severely affect the household and your children. After you speak with a divorce attorney, if you are on reasonable terms with your spouse, you can attempt to decide together what the optimal decision is for everyone involved.
Leaving the residence does not mean you have abandoned your children. Family law judges understand maintaining separate residences can spare children from the arguments and acrimony that commonly result from divorce.
A skilled divorce lawyer can help you create a parenting plan that addresses your new living arrangement and a parenting schedule for the time leading up to the finalization of your divorce decree.
Divorce is one of the most stressful situations an individual can endure, and deciding which spouse should move out can compound that difficulty. Do not move until you speak to a Wheaton, IL divorce attorney. Contact MKFM Law at 630-665-7300 for a free consultation.
What Can I Do If My Spouse Won't Let Me See My Child?
After a divorce, nothing is more important than the time you get to spend with your children, regardless of whether you are the custodial or non-custodial parent. Parenting plans are a top priority in divorce decrees, to ensure there is no ambiguity with custody and visitation time once a divorce is finalized.
If your former spouse is violating the child visitation order within your divorce agreement, contact a family law attorney immediately.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand how much you value time with your children, and we will pursue immediate legal action against anyone who unjustifiably impedes your ability to see them in accordance with your parenting agreement. This crime is not taken lightly, and repeated violations can result in severe penalties, including significant jail time.
Some parents believe they can withhold visitation if the other parent is behind on child support payments. The law clearly says that is not the case. Parenting time and child support are two separate issues, and neither can be used as a tactic to force the other.
Illinois law says anyone who violates visitation provisions is guilty of a petty offense, which is punishable by a fine of up to $1,000, possible probation of up to six months, restitution to the victim, and court supervision.
Any further interference after two previous instances results in a Class A misdemeanor charge, punishable up to one year in jail and a $2,500 fine.
The law contains three provisions under which a court may decide someone justifiably interfered with a child visitation agreement:
- The individual did so to protect the child from imminent danger, and that the action was reasonable considering the perceived threat.
- The act occurred with the mutual consent of all parties who have a right to custody and visitation.
- The act was justified by law.
To pursue a parenting time interference case, it helps to have an accurate, truthful log of all events related to the act(s) in question. An MKFM family law attorney can help you compile evidence that supports your claim, so a judge can determine if an illegal action took place.
As long as your child is safe with you, no one has the right to interfere with your parenting time. If your ex-spouse does so, act quickly, and let MKFM Law handle your case to ensure proper court action and future adherence to the visitation order laid out in your divorce agreement. Contact a DuPage County divorce attorney at 630-665-7300 for a free consultation.
Can I Restrict My Former Spouse's Parenting Time?
In an ideal post-divorce world, a parent has nothing to worry about when their child visits their other parent. Unfortunately, it does not always work out that way, and sometimes a parent has to make the decision to protect their child from an unsafe situation.
While Illinois law is strict when it comes to parenting time interference, there is an allowance for dangerous situations.
Mirabella, Kincaid, Frederick & Mirabella, LLC understands the stress you face if you are concerned about your child's safety whenever they spend time with your former spouse. If you suspect physical or mental abuse, drug or alcohol addiction, or other serious problems that put your child at risk, you have legal options.
While a quick, emergency decision is understandable, the best course of action you can take is to contact an experienced family law attorney and law enforcement before you attempt to prevent a visit. If you fail to do so, the other parent may retaliate with a contempt of court charge if you act on your own. Instead, you want maximum protection and representation in place to take swift legal action.
While Illinois law protects the rights of parents from parenting time interference, it also provides recourse for legitimately concerned parents who fear for the well-being of their child. The Illinois Marriage and Dissolution of Marriage Act states parenting time (formerly called visitation) is allowed unless it "would endanger seriously the child's physical, mental, moral or emotional health."
To make a change to parenting time or the allocation of parental responsibilities (formerly called custody), the court must see convincing evidence that your child's health or safety are threatened. While visitation and custody can be denied to a parent who endangers a child, if a parent takes action to prevent a visit without sufficient proof of a dangerous environment, their custody may be challenged as well. Unjust denial of parenting time may result in make-up visits or a complete change in the allocation of parental responsibilities.
If you believe your child's safety is not guaranteed when they visit your former spouse, do not delay in taking necessary action to ensure their safety. MKFM Law can immediately seek a modification to custody and visitation. Contact a Wheaton, IL family law attorney at 630-665-7300 for a free consultation.
Do I Have to Pay Alimony to a Spouse Who Was Unemployed or Underemployed By Choice?
Divorce can put a person who makes far less money than their spouse at a serious disadvantage when they restart their life after marriage, especially if they put their career on hold to dedicate much of their time to raising children.
Spousal maintenance (also called alimony or spousal support) is meant to ease that transition after a marriage ends. It is largely determined by the income of each spouse, along with present and future earning capacity.
So what happens if an individual chose to remain unemployed or underemployed, despite a spouse begging them to do otherwise, while they were married?
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we know the many complexities related to alimony, and can provide a detailed estimation of what you can expect to pay and the length of time those payments may be expected.
The answer to that question involves a lengthy list of variables, including but not limited to:
- Length of the marriage.
- Potential of both spouses to become economically self-sufficient.
- Education and employment history.
- Age and health status.
- The amount of marital property and how it will be divided.
- Previous standard of living.
In Illinois, spousal support is in no way based on behavior that might have led to the divorce. It is determined by one spouse's need to receive it and the other's ability to pay the amount for a set period of time. Temporary spousal maintenance may be required throughout the divorce process, until the divorce decree is finalized.
In a change to federal tax law, with all divorces finalized on or after January 1, 2019, spouses paying alimony cannot deduct spousal support from gross income when calculating taxes owed.
An experienced divorce lawyer can discuss potential spousal maintenance outcomes, along with all other aspects of an impending divorce. It is critical that you secure qualified legal representation early in the process, to ensure your long-term financial interests are protected.
If you feel your ex-spouse is not entitled to alimony because they chose not to work full-time or at all, the court may agree. Contact a DuPage County divorce lawyer at 630-665-7300 for a free consultation.