The Law Office of Christina Martell

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27475 Ferry Road, Suite 130, Warrenville, IL 60555

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DuPage County Lawyer for Divorce Involving Minor Children

Winfield Divorce Attorney for Cases Involving Children

Attorney for Parents Getting Divorced in Warrenville

You might be surprised to learn that getting divorced is considered the second most stressful life event by the Holmes-Rahe Stress Inventory. The end of a marriage is already extremely difficult to manage. However, getting divorced with minor children is often even more stressful.

Family law attorney Chrissie Martell knows the anxiety and frustration that can accompany getting divorced when children are involved. She will provide much more than just high-quality legal advice for parents getting divorced. She will also lend an empathetic listening ear to parents going through an extremely challenging time in their lives.

Help For Parents Getting Divorced in Winfield

Divorce with children is often more complicated than a divorce without children due to the need for continued contact and support between ex-spouses. There are several considerations you should keep in mind if you are getting divorced with minor children.

  • Parental Responsibilities and Parenting Time: Parents in Illinois have the option to make their own parenting arrangements, but when parents cannot agree, the court may need to intervene. In Illinois, child custody and visitation are now referred to as the "allocation of parental responsibilities." The parental responsibilities to be divided are decision making and parenting time. Illinois courts make decisions about parenting time and decision making based on the best interests of the child, which are determined by weighing a number of factors, including, but not limited to, the parents' wishes, the child's wishes, any history of domestic abuse, the parents' living conditions, and other relevant information.
  • Child Support: When one parent has significantly more parenting time, measured primarily in overnights, he or she is entitled to child support. The parent desiring child support must petition the court to grant child support and formalize the obligation. Child support payment amounts are calculated according to the Income Shares model. Each parent's net income is used to determine the financial resources that would be available to the child or children had the parents lived together in the same household. The Income Shares model also accounts for factors, such as the number of children, additional support obligations of either parent for children outside the relationship, specific number of overnights a parent exercises with the child each year, and the source and cost of health insurance for the minor children. Child support orders are eligible for modification every three years or when a major change in the child's needs or a parent's financial circumstances necessitates a modification.
  • Parenting Plan: Illinois law requires that the divorcing parents ultimately enter into a parenting plan or parenting agreement. An Illinois parenting plan spells out how decision making is divided between the parents as well as how parenting time will be shared. If parents cannot agree to a parenting plan, their attorneys can negotiate on their behalf to find a reasonable solution. If negotiation is unsuccessful, parenting time can be determined by the judge, with the recommendation of a Guardian ad litem, if necessary.
  • Asset Division: Illinois statute lists the issues considered by Illinois courts regarding property division. One of these is custodial provisions for children. The court typically considers the costs of caring for children during property division decisions and may award the family home to the parent who will have the majority of parenting time.
  • Child-Related Expenses: In addition to child support, parents of minor children will need to determine how expenses like childcare, healthcare, private school tuition, medical bills, and extracurricular activities will be divided. Your divorce agreement can also include arrangements for your child's college expenses, even if he or she is still young. 

Dependable Legal Counsel for Divorcing Parents in West Chicago

When you are getting a divorce and you have children, you need a lawyer you know you can trust. Attorney Chrissie Martell has helped many parents successfully resolve child-related divorce issues so that they can move on after divorce. She knows the stress you are under and will work diligently to get you the best possible divorce outcome given your unique circumstances. Chrissie offers initial consultations for $100, which will be credited to your bill upon retainment. Call our office today at 630-717-2772 to schedule a consultation. Chrissie serves clients in Warrenville, DuPage County, Wheaton, Naperville, Winfield, West Chicago, Cook County, Kane County, and the surrounding regions.

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