FAQ Videos



How Much Parenting Time (Formerly Called Visitation) Will I Receive in Illinois?

The first question most parents ask when going through their divorce is: "How much time will I be allowed to spend with my children?" Our team of DuPage County attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you explain what you need to know. What used to be called "visitation" is now referred to as "parenting time," along with other law changes.

In Illinois, there is no law on the minimum amount of parenting time. The allotted time varies on a case-by-case basis, but there are some typical examples. Time for a parent that is not considered the parent with the majority of the parenting time generally alternates weekends. The weekends start from Friday morning until Sunday evening. In some cases, the parent may also receive one or two evenings during the week for dinner with the child. Each family's specific needs are different but extended time is also allowed for periods where the child has school off such as holidays, school breaks, or the child's birthday.

When deciding who is awarded majority parenting time with the child, the court judges based on the best interest of the child. While coming to this conclusion, the court will look over some of the following factors:

  • The wishes of the child, depending on your child's age, maturity and education;
  • You and your spouse's wishes;
  • What the adjustment will be for the child in regards to schooling, their home, and community;
  • The physical and mental health of you, your spouse, and your child;
  • If either parent has any past or ongoing acts of violence against the other parent or your child; and
  • How willing you and your ex are willing to encourage a close ongoing relationship between your ex-partner and the child.

The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC are eager to help you with all the questions you may have. Contact us to set up an initial consultation at 630-665-7300. If you have recently divorced and are working on finding out how much parenting time you are entitled to, visit our Wheaton, Illinois, office. We have helped families throughout DuPage County, Kendall County, and Kane County for generations.

When Can an Illinois Child Support Order Be Modified?

Situations may arise where you or your ex-spouse will need to modify the amount of child support paid by one party to the other. However, the modification process and the applicable child support laws and guidelines can be difficult to navigate. Fortunately, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help simplify the process due to our years of experience.

If you would like to modify your child support agreement, you can file a motion with the court. You will need to show that there has been a substantial change in your state of affairs since the original child support order was established. Depending on your circumstances, the amount of child support required can increase or decrease.

However, the court can only make this adjustment following the date the motion was filed. It is important to file a modification request as soon as you possible after experiencing any financial changes in your life. Any payments that were due prior to filing a modification request must be paid in full, and interest will apply to late payments. If a modification request is granted, the changes may be retroactive to the date the request was filed.

Some reasons that changes to support payments may may be made include:

  • A change in your or your spouse's income;
  • Substantial changes to any expenses, including your living expenses or costs related to raising your children;
  • A relocation that may result in increased transportation costs;
  • Adjustments to parenting time that will result in a child living primarily with a different parent; or
  • A disability that will result in increased medical expenses or other costs for a child.

Determining when child support modifications may be appropriate can often be confusing. That is where our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help. Contact one of our attorneys to set up a consultation. We can help you to be sure that your modification requests are in compliance with Illinois laws. We assist clients with child support matters and many other family law issues. Call us at 630-665-7300 today. We serve clients in DuPage, Kane, and Kendall Counties.

How are Divorce, Legal Separation, and Annulment Different in Illinois?

When you are examining various methods of separation between you and your spouse, it is important to know the differences between your options. Before acting, it is important that you speak to an experienced attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine which route is best for your situation.

A divorce is a complete termination of a marriage, which leads to what is called a judgment for "dissolution of marriage." This process addresses all of the issues between former spouses, such as parenting time for any children you may have, other parental responsibilities, who will be paying child support, distribution of any debts or assets you share together, and if one of you will have to pay maintenance to your spouse.

The main difference between divorce and legal separation is that a separation does not dissolve the marriage. In order to perform a legal separation, you and your spouse must be living apart from one another. You and your spouse can fill out a legal separation agreement to determine the allocation of parental duties or payments such as child support or maintenance, although if you cannot agree on these matters, a judge may make decisions for you. Property cannot be divided unless you and your spouse have agreed on how to do so.

An annulment may be available if you can show that your marriage should not have gone forward. Illinois law refers to annulment as an "invalidity of marriage." A marriage may be declared invalid if there was a lack of consent due to mental incapacity or being under the influence of drugs and/or alcohol, if a spouse was underage (16 or 17 years old) and did not have the consent of their parents, or if one spouse was physically unable to consummate the marriage and the other spouse was not aware of this issue. Marriages may also be annulled if they were legally prohibited, such as when the spouses were related to each other.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have have been assisting with family law and divorce cases since 1949. If you live in DuPage County, Kendall County, or Kane County, contact us to set up an initial consultation for any questions you may have. You can reach our Wheaton, Illinois, office at 630-665-7300 for more information.

How Do We Tell Our Children About Our Divorce in Illinois?

Deciding how and when to tell your children about your divorce can be tough if you and your spouse do not execute it with a fair amount of planning. Every situation is different, but ideally the best is to give this information on a united front.

It may not always be possible to tell your children with your spouse at your side, but that is what is recommended. This way you can assure your child that they are still going to be loved, cared for, and can lean on you for support during the changes they are about to go through. If you can, choose your timing carefully and keep everything you are saying to your child about the divorce simple.

They could possibly have a friend to talk to who has parents have gone through a divorce and understand what is going to be ahead of them. However, you should try to plan to answer any and all questions your children may have. Prepare yourself for how they could react. Some children instantly show their sadness or anger while other children hold in their feelings.

Avoid the blame game and instead of making the news about you or your spouse's issues, make it about your child and their needs. If your marriage is completely over then be sure to tell them that and be consistent. Some children can be convinced their parents will get back together when that is not always the case.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that telling your children about divorce is hard. We have been helping families through these tough times for decades. For more advice or information on subjects of this nature, please contact us for an initial consultation. Call 630-665-7300 to speak with our DuPage County attorneys. Our office is located in Wheaton, Illinois, and we have assisted clients in other neighboring counties such as Kane County and Kendall County.

Should I File for Divorce First in Illinois?

Filing for divorce before your spouse can have more advantages than you would think. It can be difficult to accept a divorce is imminent, but it can be a benefit to yourself, in the long run, financially and legally, if you file sooner rather than later. If you believe your marriage has reached the point of being insurmountable, then reach out to the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. We can help explain your options and move forward.

When we mention that there are advantages to filing for divorce first, it is not to encourage racing to that conclusion. It is simply to allow yourself time to prepare and plan. Here are a handful of steps you take ahead of time if you are preparing for divorce:

  • Contact attorneys to setup your legal team;
  • Gather any documentation that will be needed before proceedings begin; and
  • Ensure you have access to funds or a credit line

In addition to these suggestions, you can prevent your spouse from hiding any assets that could belong to you. When you file for divorce first, this makes you the petitioner and the plaintiff. This allows you to choose which county your divorce will have the proceedings and the ability to present your case first for litigation in your case. Under Illinois Law, there is a No-Fault Policy, which means couples can separate based on irreconcilable differences instead of needing any legal reason to be divorcing.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have had decades of experience with family and divorce cases in Kane County, DuPage County, and Kendall County. Please contact us with any questions you may have to set up a consultation. We can help guide your way through this difficult time financially and legally to set you up for life after marriage. Call us at 630-665-7300, so we can help you.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree