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Divorce and Moving Out of Illinois
A divorce can complete reshape a person’s life. In addition to possibly forcing you to live off a single, your divorce may also create concerns regarding child custody disputes, alimony payments, and the challenges of finding a new place to live.
Separated spouses may live in different states, or one spouse may wish to move out of state after the proceedings. If you or your former spouse plans to leave the state, there are several factors to consider. Depending on the circumstances, it may be necessary to postpone the move.
Moving Before and After Filing for Divorce
Before a person can file for divorce, he or she must meet certain residency requirements so the courts can establish appropriate jurisdiction. Residency requirements may vary from state to state. In Illinois, at least one spouse must be a resident for a minimum of 90 days before filing the petition for the dissolution of marriage.
Helping Your Children Cope With Divorce
The aftermath of a divorce is often the most difficult for the children involved in the process. Children of divorced parents tend to face extreme emotional conflict and upheaval. It is, therefore, imperative for parents to ensure that their children feel loved, supported, and heard. There are four key strategies to keep in mind when trying to help a child understand and navigate divorce.
Discuss Divorce Appropriately
Children need to feel included when major changes impact the family; it is completely unfair and counterproductive to keep them in the dark. If divorce is looming, it should be discussed with the children as soon as possible. Ideally, you will be able to find a quiet, familiar place where everyone can sit down and talk. Children do not need to know all the details involved with the pending divorce. However, they do need to know the basic facts of the situation and these facts should be presented to them in an age-appropriate manner.
Protecting the Rights of Fathers
For many fathers, it can be extremely difficult to maintain an active role in the lives of their children. This is especially true for a father who has gone through a divorce or breakup with his child’s mother. In many cases, it feels like the proverbial deck is stacked against a man when it comes to child custody decisions—now known as the allocation of parental responsibilities under Illinois law. Unfortunately, many such issues are based on the persistent public perception that men are less qualified to serve as primary—or even equal—caregivers for their children.
Anecdotal Examples
Recently, a discussion on the social media site Reddit addressed the various ways that men have experienced sexism in their lives. Many responses dealt with female-dominated work environments, physical abuse at the hands of female partners, and distrust from authorities when a man has been the victim of domestic violence. However, there was a substantial number of responses that described the experiences of men when they are seen in public with children—including their own.
Selecting an Executor for Your Estate
Estate planning is arguably one of the most important things a person will do during their entire life, and as such, everything matters. The slightest discrepancy may be attacked, and your wishes may not be honored if your estate is not set up and administered properly. Perhaps the most important choice you must make while estate planning is picking your executor, who can ensure that your wishes are carried out as you prefer and act on your behalf.
Responsibilities of an Executor
A person who has been named an executor in Illinois has 30 days following the death of the testator in which to either submit the will for probate or refuse the appointment. The responsibility of managing another’s estate is a heavy one, and, as such, it is important to pick the right person. The instinct for many is to choose their spouse, but this is not always the best choice, especially if you are of similar ages and he or she may be older and/or ill when the time comes for them to assume the role. Who you choose must be able to fulfill all of the duties of the executor including:
Understanding Cohabitation Agreements
There are many reasons that a couple may choose not to marry. Some have become disheartened with the increasing prevalence of divorce and, therefore, do not see the point in marrying. Others want to maintain their single status for political, religious, or personal reasons. Some same-sex couples live in parts of the country where same-sex marriage was not legal until very recently. Only the individuals in a relationship can decide if marriage is right for them, but it is important to know that there are steps unmarried couples can take to protect their rights and assets.
A Cohabitation Agreement Can Protect You in the Case of a Breakup
Common law marriages have not been legally recognized in Illinois since 1905. This means that two people can share their lives together, live in the same house, help each other pay bills, and raise children together without being considered legally married. Couples that live together but are not married do not have the same rights and protection under the law as those couples that are married. Those who split up after sharing a life together may find themselves in a legal mess. For example, if the couple has brought property, real estate, expensive home goods or vehicles together, it is difficult to establish how this property should be divided following a breakup.
Unique Concerns in Gray Divorces
Many people in struggling marriages wait until later in life to divorce. Couples consisting of partners aged 50 and above now account for a full quarter of all divorces in the United States. Divorce between older individuals has been nicknamed “gray divorce,” and has been on the rise in this country for a number of years.
Couples get divorced after many years of marriage for various reasons. Some do not want to upset the family balance while there are children living at home. Others wait for financial or career-oriented reasons. Still others may have tried for a long time to salvage the marriage and finally decide to call it quits. While a divorce is a life-changing event for individuals of any age, waiting until later in life to get a divorce comes with its own special challenges.
Factors to Consider When Divorcing After the Age of 50
If you are 50 or older and are thinking about a divorce, it is important to keep a few things in mind:
Special Needs Trusts Protect Assistance Eligibility
For the more vulnerable members of society, especially the disabled and the elderly, life can become a complex dance of government forms and applications. Social Security (SSI/SSDI) is a prime example of this, with lengthy proofs required as to why disability is necessary and how to show you are not ‘gaming the system.’ However, the strictures of being on disability mean that a person is not entitled to possess assets above a certain amount, which can be prohibitive. Special or supplemental needs trusts (SNTs) have been used for years to help address this disparity.
What Is the Purpose of an SNT?
The primary purpose of an SNT is to help a disabled or elderly person afford better care than that to which they would otherwise be entitled. While Social Security disability (SSDI) has no asset limit, many people do not qualify for it, and instead apply to receive SSI (the program for low-income workers). However, when one is ruled eligible to receive SSI, one is entitled to retain only a certain amount of assets - for most people, no more than $2,000 in value. This is tenable for some, but for many others it amounts to enforced poverty. For those who are physically disabled, having such minimal assets and no ability to work (because a bank account and a paycheck are resources) can result in privation.
Getting Divorced? Do Not Forget About Your Estate Plan
For most couples, divorce is a difficult, time-consuming, and often expensive process. The considerations that accompany a divorce can seem almost endless, from determining who will keep which assets, how parental responsibilities will be divided, and whether spousal support is necessary. In the back of your mind, you probably realize that, at some point, you will need to update your will and other estate planning documents to address the property and obligations allocated to you during the divorce. But what if something were to happen to you before your divorce is finalized?
Your Estate Plan After Divorce
According to Illinois law, a divorce judgment will make certain changes to most estate planning documents in the event that a person dies before amending his or her estate plan. For example, if you named your spouse as the executor of your estate in your will and you pass away after your divorce has been finalized, the will shall be treated as if your spouse died before you. The same is true if your will left property to your former spouse, as well as if you appointed your spouse to be your power of attorney.
Modifying an Existing Support Order
If your income has declined in recent months due to a change in employment or other factors, you may be struggling to make your court-ordered child support or spousal maintenance payments. You may also be wondering if there is anything you can do about it. Can you go to the judge and have your child support and maintenance payments modified accordingly?
Changing these, and other, financial provisions in a divorce is possible under Section 510 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Any party to the case can ask the court to modify the existing order if there has been a “substantial change in circumstances.” The statute lists a number of specific factors, as well as the general inclusion of “any other factor that the court expressly finds to be just and equitable,” for the court to take into account.
Choosing Your Power of Attorney
As you look toward the future, you may realize that there could be a time when you are limited in your decision-making abilities. It may become impossible for you to express your wishes regarding your finances, property, and even your own medical care. To prepare for such a possibility, Illinois law allows you to select an individual to serve as your power of attorney for these types of decisions. Your power of attorney will have the authority to make decisions on your behalf if and when you are no longer able to do so.
The Right Person
The individual that you choose to serve as your power of attorney must be capable of handling his or her assigned responsibilities. This means that he or she should:
- Pay close attention to details;
- Be organized with money and other important decisions;
- Have an understanding of finances and/or health care and insurance, depending on the type of power of attorney;
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