Recent Blog Posts
Division of Property: What are Marital Assets?
Divorce can present an entire spectrum of challenges for any couple, as they must contend with a large number of concerns. Depending on their specific circumstances, they may need to negotiate considerations for their children, determine new living arrangements, and establish an agreement regarding spousal support. Despite the difficulties inherent to any those issues, couples frequently have the most trouble in property division negotiations.
Equitable Distribution
Illinois law concerning divorce requires that, in the absence of a reasonable agreement, the property which constitutes the marital estate is to be divided between divorcing spouses. Unlike some states, however, Illinois property division guidelines require the equitable distribution of marital assets and debt as opposed to equal division. While equitable distribution will be addressed in more detail in a separate post, it essentially means that the property should be divided fairly, not necessarily 50/50, based on the consideration of circumstantial factors.
Choosing a Mediator for Your Divorce
While deciding to end a marriage is never easy, some situations are certainly more difficult than others. Couples who are able to work together through the divorce process, however, often find that doing so leads to much more manageable stress levels and reduced difficulty in coming to a workable divorce agreement. Mediation, for many such couples, offers the opportunity to minimize the challenges of divorce while promoting a cooperative spirit that may last long after the divorce is finalized.
Is Mediation Your Best Option?
Before you and your spouse begin looking for a mediator to help you through the divorce process, you must first understand what your needs are. Mediation is an alternative dispute resolution method and is generally of value only to cooperative couples with unresolved issues in their divorce. If you and your spouse have already come to an agreement on most of the inherent details, it is possible that you would be better served by a divorce attorney who can help you file the necessary paperwork. However, if you and your spouse cannot reach an agreement regarding important concerns, a mediator may be able help you do so.
Reasons Your Prenuptial Agreement May Not Be Valid
Before your wedding, you and your fiancé went through the process of drafting a prenuptial agreement. Like many couples, you decided that it was in your best interest to create an arrangement for financial security in the event of a divorce or premature death. Maybe you were not fully on board with the idea, but you loved him so much that you were willing to do just about anything to marry him.
Now it is several years later, your marriage has come to an end, and you realize that some of the terms and clauses in your prenuptial agreement seem to be a bit one-sided or unfair. You may even be wondering if it the agreement is valid and enforceable. Depending on the circumstances, it is possible that a prenuptial agreement may be invalidated for several different reasons.
Fraud
Parental Alienation: What Are My Options?
When you have separated from or divorced your child’s other parent, you know how difficult cooperation with him or her can be. As most parents in similar situations have discovered, the challenge often lies in keeping the negative feelings you may have toward your ex-partner, valid as they may be, from interfering with your child’s relationship with the other parent. This type of interference is known as parental alienation, and can present serious problems for divorced or unmarried parents, as it may affect a parent’s rights to custody of the child.
Understanding Parental Alienation
Children fare best when they have the love and support of both parents, regardless of the relationship between adults. Sometimes, however, the relationship between the parents is allowed by one or both adults to directly affect the child’s view of and relationship with the other parent. Parental alienation is estimated to be a factor in up to 15 percent of divorces involving children. While not always intentional or necessarily severe, the impact can be serious, not only on the parent-child relationship, but on the child’s own mental health.
Be Wary of Informal Custody Agreements
Divorced or unmarried parents often face a great deal of difficulty in determining arrangements for their children. They may be unable to communicate effectively with each other, making it necessary for the court to issue orders related to child custody, visitation, and support. Others, however, are able to get along just fine and cooperatively establish an agreement that meets their needs while providing for the best interest of their child. While such cooperation is certainly preferable to a contentious situation, parents should be cautious of informal agreements related to issues involving their children.
Following a divorce or breakup, some couples may find it very easy to create an informal arrangement for custody of their child. In some cases, the agreement is entirely verbal, with no written record whatsoever. For parents in an amicable situation, involving the court may seem unnecessary, as the child’s needs are being met while maintaining a positive relationship with each parent.
Do You Know What Reason to State for Your Divorce?
Filing for a dissolution of marriage, or divorce, may leave some people wondering if their petition will be granted. When you file the paperwork for divorce, you must state why you are filing the petition. If a judge decides the grounds, or reason, you stated on your paperwork and evidence is not sufficient, your petition may be denied and the process will have to start over again. Speaking with an experienced divorce lawyer before you file your petition for a dissolution of marriage can save you unnecessary steps during the process.
Illinois allows the petitioner to file for a "grounds" or "irreconcilable differences" divorce. A divorce on specific grounds is generally attributed to the fault of one partner, while one based on irreconcilable differences is commonly called a "no-fault divorce."
Irreconcilable differences divorces are becoming the most common type of marriage dissolution. The spouse filing the petition does not have to list one specific reason for the divorce. Instead, he or she must sufficiently prove that there has been a breakdown in the marriage and reconciliation is not possible. In Illinois, filing for an irreconcilable differences divorce requires the couple to live apart for at least two years. If both spouses agree the marriage should end, a waiver is available for both spouses to sign to have the time limit waived. Signing the waiver means neither spouse is going to contest the proceedings.
Spousal Support Laws in Illinois Permit Fixed-Term Maintenance
When a marriage comes to an end through divorce, one spouse may be at a significant financial disadvantage. In many cases, this spouse may have taken on other roles within the marital relationship, such as primary caregiver for the couple’s children, while financially contributing less. After divorce, a disadvantaged spouse will often need to find new ways to support him- or herself, and spousal maintenance laws are designed to help him or her do so when applicable. Recent changes to the law, however, may allow a court to place limits on spousal support by utilizing fixed-term maintenance in certain situations.
The provisions for fixed-term maintenance went into effect on January 1, 2015, along with a number of other amendments to the Illinois spousal maintenance statute. While the new formula for standardized calculations has been previously discussed in detail, many Illinois residents may be unaware of the court’s option for marriages lasting less than ten years.
He Is Not Paying Child Support; What Can I Do?
When you are granted primary physical custody of your child, you assume responsibility for a number of concerns related to his or her well-being. Your address is used as the child’s primary address for legal purposes and school registration, in addition to you taking on the role of primary parent for many day-to-day activities. If you and the other parent have been granted joint legal custody, the other parent may assist you in making decisions and spend significant time with the child, but will often be ordered to contribute financially to the support of the child by means of a child support order.
Illinois Child Support
In the state of Illinois, the court may require that either or both parents pay child support, but, in practice, the parent who is not granted primary physical custody is generally required to provide support. Under state law, the amount to be paid is based on a percentage of the paying parent’s net income, sometimes adjusted for circumstantial factors of the family situation.
Should You Change Your Name Back after Divorce?
Almost every divorce brings with it a large number of important concerns, including child custody, visitation, child support, and division of marital property. Other considerations may not seem quite so critical, but can have a larger-than-expected impact on the life of a divorcing individual. As a woman going through a divorce, you may be, in fact, dealing with one of these issues in particular. Specifically, you may be wondering if changing your name back to your maiden name after divorce is a good idea.
The Illinois Marriage and Dissolution of Marriage act provides the opportunity to restore a previous name, including a maiden name, for any woman whose marriage is dissolved under law. According to the statute, such a provision may be included in the divorce decree upon her request. Although the legal process of changing your name is not terribly difficult, deciding whether or not to do so is an entirely different matter.
Your Responsibilities in the Divorce Process
Hiring an attorney to handle your divorce can be among the best decisions you will ever make. However, hiring an attorney and not investing yourself in the process can be among the worst decisions you will ever make. Divorce, obviously, can be very difficult under the best of circumstances, but by being an active participant along with your lawyer, you may find the effort to be reflected in the final result.
During your initial consultation and meetings, your attorney will likely ask you to take responsibility in certain areas. Doing so can make the entire process easier and more efficient, no matter the challenges that your case presents. Whether explicitly requested or not, your attorney will appreciate that you:
- Communicate with Your Lawyer: Your attorney is a legal professional, not a mind-reader. You must understand what your goals and values are and communicate that to your lawyer so that you are working in the same direction. In addition, maintain regular contact and provide pertinent personal updates throughout the process. A clear understanding of your situation can help your attorney best represent your position.
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