Contact Us

Although you can't be forced to hire an attorney, you should understand that your spouses lawyer is not permitted to represent both you and your spouse. This is due to a conflict of interest. Your spouses lawyer has a legal duty to zealously represent your spouse and cannot advise you without violating that duty. With respect to whether or not you should hire a lawyer, knowledge is power when it comes to negotiating a fair settlement. It is impossible to negotiate effectively unless you know your rights and are prepared to fight to protect them if need be. People who have experience with the legal system don't hire lawyers to win battles. They hire a lawyer to avoid the need for a battle.

This is a very common scenario. Because its a new divorce there are no court orders defining the rights of the parents regarding where and with whom the children will live while the divorce is pending. The good news is that you have rights and you can exercise them both before and after your divorce is finalized. You have a right to file a motion to have your judge decide where the children should live while the case is pending and what parenting time each parent should have during the divorce. Section 501 of the Illinois Marriage and Dissolution of Marriage Act, also known as the Temporary Relief Statute, 750 ILCS 5/501 provides that a parent can ask for the Court to enter a temporary order while the case is pending setting forth each parent's parenting time and where the children should live.  Continuity is important to the emotional well being of the children so the Court will endeavor to avoid sudden changes in the environment and schedule of the children during the divorce. So if you were the primary parent or spent substantial time with the children before the divorce, this should not change while the case is pending.

More importantly, continuing your active role in the life of the children will likely carry over into the terms of the final judgment of divorce.

This answer is really fact-specific. If you were at the hospital when the child was born and signed a voluntary acknowledgment of paternity, your rights to the child are essentially equal. However because there is no order defining your respective parental rights, it is a virtual free for all. That is to say that neither party can prevent the other from having physical custody of the child. This scenario is difficult and will likely result in a domestic dispute unless one of you files a petition to establish the parties' parental rights and responsibilities.  

If you never signed a voluntary acknowledgment of paternity you will need to file a petition to establish a father-child relationship before you can exercise parental rights. This could involve submitting to DNA analysis. Once you have established parentage you can ask for temporary parenting time while the case is pending and ultimately full parenting rights.