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January, a popular month for divorce and discussing child custody

Many people in Illinois file for divorce each year. The timing of the divorce varies, but divorce attorneys have found that there tends to be an increase in January. While they are not positive as to what causes this, many believe it can be associated with trying to achieve a fresh start in the New Year. Some believe that people may be pushed towards it because problems that had been present for a while get pushed to the forefront as they spend more time with each other than usual and go through the stresses of the holidays.

Whatever the reason for the increase of divorces in January, the couples still face the same issues as if they filed at any other time of the year. They will have to deal with asset division, spousal maintenance, child custody, child support and others. For many parents, child custody can be the most important and contentious issue in a divorce.

When determining child custody in a divorce, the decision is ultimately determined by the best interests of the child. In order to make that decision, the court looks at a variety of factors. These factors include the desire of the child, depending on their age, which parent has provided most of the care for the child, the stability of the homes of each parent, the child's adjustment to schools and others. Decisions regarding whether custody will be joint or sole custody must be determined as well.

The decision does not need to be made by a judge though. Parents can reach an agreement on these issues. Parents can attend mediation together or negotiate a settlement as to child custody.

Many couples in Illinois may be filing for divorce as the New Year begins. After they file, many will have to deal with child custody issues. Attorneys understand the factors that are looked at when determining child custody and can be a useful resource for people going through the process.

Source: FOX 4 Kansas City, "New year signals divorce proceedings for many couples," Macradee Aegerter, Jan. 2, 2014

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