When you are the one to file a divorce petition, it is up to you to decide where to file it. This means that you will select the county circuit court in which the divorce will be handled. On the other hand, if your spouse was the one to file, he or she had the opportunity to make that choice. It may come as a surprise, however, to learn that you are not automatically stuck with the decision that your soon-to-be ex-spouse made. While he or she might have gotten the ball rolling, it is your right to contest the choice of venue, but it is important to take action quickly.

What Does “Venue” Mean?

The legal term “venue” refers to the particular court in which a case is handled. At the state level, venue refers to the circuit courts of each county, and at the federal level, venue refers to specific federal district courts. As a state matter, a divorce in Illinois is handled by the circuit court of an individual county.

When you are involved in a divorce, the process can take a serious psychological and emotional toll on you. If you have children, the effects of the divorce can be even more significant. Many children whose parents get divorced tend to struggle with the situation, and they may exhibit behavioral problems, uncontrollable emotions, and signs of anxiety or depression. Divorcing parents often wonder if the court has any power to order counseling or therapy for the children and how the costs of such services will be split. Under Illinois law, a divorce judge can order counseling for children in the midst of a divorce, and the orders will depend on the family’s situation.

Custody Evaluations

The Illinois Marriage and Dissolution of Marriage Act encourages divorcing parents to negotiate an agreement about parenting arrangements for their children. If the parents cannot reach an agreement, the court will decide on such arrangements. To help the court make a decision, it may appoint an appropriately-trained professional to evaluate the child and each parent. Evaluations often include tests, interviews, and other methods of determining what the child needs. The court also has the authority to order the payment of costs for these evaluations—if they are not done by a state agency—to be split equitably between the divorcing parties.

In many situations, a couple will get divorced while remaining remarkably civil to one another both during and after the fact. Sometimes, however, a divorce or a break up can become much more contentious. While these types of splits are always unfortunate, they can be even more so when they involve children. It is unfortunately not uncommon for one parent to make it difficult for the other parent to spend time with their child during and after a bitter divorce. If you are being denied access to your child, it is important to know your rights.

Your Rights to Parenting Time

According to Illinois law, legal parents have the rights to a reasonable parenting time with their children. This is true regardless of the relationship between the adults. Even parents who have not been given any say over important decisions for their children are supposed to have access to parenting time, assuming they do not present a danger to their children. This means that your ex-spouse does not have the right to keep you from seeing your child.

Unfortunately, divorce can sometimes bring out the worst in people. Some couples who decide to end their marriage are able to do so with relatively little malice, while others fight tooth and nail throughout the entirety of the divorce process. If you are considering or have already decided to divorce and you think your spouse may try to “get even” with you by recklessly spending money or otherwise wasting assets, read on to learn about a legal concept called dissipation.

What Is Considered Dissipation According to Illinois Law?

The Illinois Supreme Court defines dissipation as “the use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown.” Marital property generally refers to income, property, and debt accumulated by either spouse during the course of the marriage. Certain assets such as gifts or inheritance may not be considered marital property. The term “irretrievable breakdown” means that the marriage is ending. A couple who has stopped sharing a bedroom, does not enjoy time together, and does not wish to salvage the marriage would be considered in the midst of an irreconcilable breakdown.

Following a divorce or breakup between two people who have children together, it is common for one parent to be granted a majority of the parenting time. Equal parenting time, in many cases, is impossible or impractical due to scheduling or geographic complications. In other cases, it may be in the child’s best interest to spend significantly more time with one parent than the other.

If you are a divorced, separated, or unmarried parent who has been given less parenting time than your child’s other parent, it can be difficult to maintain the relationship you desire with your child. Fortunately, Illinois law provides a way for you to possibly get additional parenting time by including the right of first refusal in your parenting agreement.

What Is the Right of First Refusal?