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Recent Blog Posts
How Long Will Spousal Support Last After an Illinois Divorce?
For some, the financial implications of a divorce may be more harmful than the end of their relationship. It can take months, or even years, for couples to make the decision to file for divorce and their romantic relationship has often deteriorated long before they have even come to this realization. Some spouses may stay together simply because of their financial reliance on each other. In order to prevent people from remaining in an unhappy marriage due to their inability to live financially independent, Illinois courts will evaluate the individuals’ financial situation during the divorce process and determine whether or not financial assistance is needed for either party. It can be a shock to transition from living off of a combined income to barely scraping by on a single income, but often the spouse with the lower income is likely eligible to receive financial assistance, known as spousal maintenance, or spousal support, or alimony, from his or her former spouse.
3 Common Reasons to Enter Into a Prenuptial Agreement in Illinois
The idea of signing a prenuptial agreement (prenup) is often thought to be a taboo topic to bring up with your spouse or loved one. Some people may think that wanting a prenup is a sign that you do not trust your soon-to-be spouse, or that you do not see the marriage lasting. While these perceived negatives do exist with regard to prenups, many millennials are still deciding to enter into this legal document. In the past, many couples got married right out of high school or college, with little or no savings or income, and also filing for divorce was considered giving up too easily. But times have changed, and so have views regarding marriage. With many couples waiting to get married until they are in their 30s or even 40s, such individuals often have many more assets to bring into a marriage, making them want to consider entering into a prenuptial agreement.
Can Having Separate Bank Accounts Protect Me In My Illinois Divorce?
Every step of the divorce process is difficult. First, you make the decision to get a divorce that will forever alter your life, and then you must watch your life be divided up by two legal teams and your former spouse. Typically, children and finances are the subjects that bring up the most deliberation between soon-to-be exes. It can be difficult to watch everything in your life become a number to be split, but unfortunately, this is inevitable for those filing for divorce. Some couples may keep separate bank accounts throughout their marriage for their own sense of security and to be prepared for divorce if the relationship does not last. This decision is often made without consulting legal professionals or having a proper understanding of Illinois’ property division laws. Before you and your spouse decide to stay financially separate, you should recognize how this will affect your divorce.
What Are My Parenting Boundaries as a Step-Parent?
It is common for divorced or unmarried parents to eventually move on from their previous partner and seek out a romantic relationship with someone new. When starting a new relationship, parents will need to consider the manner in which their children will relate to their new partner. Relationships between step-parents, and step-children relationships, can be tricky to navigate, especially in the beginning stages. However, by using the tips below, a step-parent can build a healthy and loving relationship with their step-child. And over time, a step-parent may decide that legal adoption is a further step they want to take.
The Dos and Don’ts of Step-Parenting
There is no tried-and-true playbook on how to parent, whether you are a biological parent or a step-parent. However, boundaries are often one of the main issues that step-children have with their parent’s new partner. Step-kids can often feel as if their step-parent is trying to replace their biological parent, and boundary issues can arise when a step-parent tries to discipline their step-child.
How Can “Empty Nest Syndrome” Lead to Divorce?
It is a fact of life that children will eventually move on and leave the house when they reach a certain age. For many families, this occurs when kids head off to college, while for others, children may remain living at home for longer. Regardless of when the kids leave, it is not uncommon for parents to feel a sense of loss and uncertainty when their children move out.
For many couples with children, their kids can become their whole life. Mornings may involve serving breakfast and packing lunches before kids head off to school, weeknights may be focused on helping with homework, and weekends can be all about sports tournaments and other activities. However, what may seem like chores and responsibilities can be sorely missed when they disappear from your everyday schedule. When these tasks vanish, and you and your spouse have more time alone with each other, it can be beneficial for your relationship, or it may expose unresolved conflicts and difficulties, which might result in a divorce.
When Can My Child’s Other Parent Relocate Following Our Divorce?
A parent’s worst fear is waking up one day and finding their child is gone. The only way that most parents can foresee this happening is if their child is abducted by a stranger. However, kidnapping can also be done by someone you know, including your child’s other parent. If one parent decides to move to a new location with the child without the other parent’s permission, they are kidnapping their own child. In some cases, parents may choose to move with their child without realizing that this could pose an issue, but it is important to understand that a distinct legal process must be followed in parental relocation cases.
What Is Parental Relocation?
The state of Illinois does not restrict parents from moving down the street or across town with their child, and many recently divorced parents will move from their previous residence to pursue a fresh start as a single parent. However, if a parent who has primary custody of their child, or who shares custody with the other parent, plans to move a certain distance, they must receive permission from either the other parent or from the court to ensure that both parents can continue to share in parental responsibilities and parenting time. The following situations are considered parental relocation under Illinois law:
What Are the Different Types of Guardianships Available in Illinois?
The day that a child must become a parental figure for their own parent is not a day that anyone looks forward to. While you may not be parenting in the sense of teaching them right from wrong or watching them grow up, you may reach a time in which you need to step in because your parents or other loved ones are unfit to take care of their own affairs. Becoming your parent’s legal guardian can be a difficult task, but it may be necessary in some situations. In some cases, a legal guardian may also need to be named for a disabled person, and this kind of guardian does not have to be related to the disabled person to be named as their guardian.
It is important to understand what this new role of being a guardian entails. There are a number of different types of guardianships, each of which allots different responsibilities to the guardian. The person a guardian provides care for is known as a ward. Depending on the level of competency of the ward, as well as their needs, the duties and responsibilities of a guardian may vary. The following are the common types of guardianships granted in Illinois:
Will a New Partner Affect Support Payments After an Illinois Divorce?
A common fear that many divorced persons have is of now being alone forever. In some cases, this fear can cause a person to stay in a marriage much longer than they would like. However, contrary to popular belief, those who get divorced will not necessarily remain single for the rest of their lives. In fact, many divorcees take the lessons that they learned in their first marriage and put those towards a healthier and more mature relationship in the future. For some, this may mean a second marriage, while others may prefer to avoid saying “I do” a second time. Regardless of the status of your relationship, it is important to understand how bringing a new partner into your life may result in changes to your divorce agreement.
Child Support Payments
Parents’ child support obligations are determined using a number of factors. The court will compare the amount of time that the child spends with each parent and see who will be the primary caregiver or custodial parent moving forward. The non-custodial parent is typically responsible for making child support payments to the custodial parent to ensure that children’s ongoing needs are met. In most cases, the non-custodial parent will continue to pay child support regardless of whether either parent gets remarried.
How Can I Establish Paternity in Illinois?
Many families take the concept of “paternity” for granted, assuming that the identity of the father is assumed and not under consideration. However, some families do not have this luxury. When parents are unmarried at the time of their child’s birth, the father will not always be automatically assumed to be the child’s legal parent. From a parenting standpoint, this may not be an issue for the mother, but there are many benefits that come along with legally recognizing a child’s father.
Benefits of Establishing Paternity
Legally naming a person as a child’s father can have both emotional and financial benefits. On the personal side of things, most children want to know their biological parents, whether they openly express this or not. Not knowing their father’s identity can leave a lingering question in the back of their minds. Some mothers or children may fear that knowing a father’s identity requires the child to have a relationship with him. However, even if a child does not want a relationship with their father, it can still be beneficial to know who they are to resolve this internal questioning.
What Are Some Divorce Issues That May Require Post-Decree Enforcement?
There are many reasons you might need to return to court after completing your divorce. For example, you might need to ask for a modification of your divorce decree because your or your former spouse’s circumstances have changed. However, you may also face situations in which your ex-spouse has not complied with the legally binding terms in your divorce decree.
Sometimes, you and your former spouse might be able to meet with each other to address these issues without getting the courts involved, but in other situations, you might need to take legal action to enforce your divorce decree. Either way, you will want to work with a family law attorney who is experienced in addressing post-decree matters.
Post-Decree Enforcement Issues
The terms set forth in a divorce decree are legally binding, and both parties are required by law to follow them. If either party does not meet their court-ordered obligations, the other party may bring the case back before the court to enforce these terms. In some cases, the parties may be able to address and resolve these issues when they arise, while in other situations, a non-compliant spouse may face penalties such as being held in contempt of court. Here are some examples of common post-decree enforcement issues:
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