Recent Blog Posts
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.
Romantic Comedies May Stave Off Divorce
Marital and family experts offer a wide variety of advice on how to improve a marriage and to make divorce less likely. Interestingly, however, recent findings suggests that marital stability can possibly be found in a surprising source. It turns out that modeling life after the movies may be just the thing to save your relationship.
According to a study conducted by researchers from the University of Rochester and UCLA, "newlywed couples who watched romantic films together were at a decreased risk for divorce." The research team divided 174 participant couples into four groups that received different levels of couples’ therapy. Two of the groups underwent intensive counseling, focusing on relationship skills, while a third group was given relationship awareness counseling. The last group served as a control, and did receive any counseling.
Study Suggests Divorce Can Actually Improve Life Satisfaction
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Moving Out of State With Your Child
You can not be expected to live in Illinois forever. Maybe you will, but it is also possible that an opportunity in another state will arise that you just cannot refuse. Under most circumstances, packing up and moving for such an opportunity is easy. When you have a child subject to a custody agreement, however, it can become much more difficult.
Your child needs to spend time and maintain a relationship with both of his or her parents. The court recognizes these needs and creates child custody agreements around them, allowing both parents time with their child. This is codified in the Illinois Marriage and Dissolution of Marriage Act as it pertains to child custody. If you wish to move out of state with your child, you may face opposition from the other parent. An experienced family attorney can work with you to demonstrate to the court that a move in your child&s best interest.
Mediation and Divorce: A Lower Stress Alternative
Despite being rather commonplace in today’s society, divorce can be a very messy process. The large number of arrangements to be made combined with the emotional reaction to an ending relationship can be a substantial burden for any couple to bear. The result, unfortunately, can be a stressful and bitter litigation, leading to months of fighting and increasing court costs and attorneys’ fees. Couples who are able to cooperate well enough with each other, however, may have an alternative to costly and contentious litigation in the form of divorce mediation.
Divorce Mediation Basics
Mediation is a type of dispute resolution frequently used in many contract negotiations, and may be very applicable to a divorce proceeding. It involves each spouse agreeing to work together with a neutral third party, called a mediator, to negotiate the terms of their divorce agreement. While more complex divorce cases may require services of separate attorneys, individual legal counsel is often not necessary in mediation, allowing the divorcing couple to realize substantial savings.
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