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Recent Blog Posts
How Long Does a Divorce Case Take?
Feelings of anxiety and stress are common for any couple which is moving forward with the dissolution of their marriage. A divorce can be a complex matter which can have a lasting effect on everyone involved. Going into a divorce, most people are unfamiliar with the steps involved, the legal requirements that must be met, and the length of time needed. Dissolving a marriage is never fun, and you may want to get your divorce over with as quickly as possible. However, there are certain factors that can cause the divorce process to go on longer, and so working with a knowledgeable divorce attorney is essential to ensure the process can conclude in a timely matter.
Is Your Divorce Contested or Uncontested?
While there is likely to be some level of disagreement between almost all divorcing spouses, determining what areas may cause the most contentious disputes can help take some of the surprises out of the process. Compromise is crucial during divorce, and if you and your ex-spouse are able to work together to reach a divorce settlement, this can save a great deal of time and money. If you can make the decision to “pick your battles,” you may be able to avoid long, drawn-out disputes. However, there may be some issues that you will be unable to resolve between the two of you, and so regarding those issues, it may be necessary to have the court make those decisions for you.
What Are the Alternatives to Divorce in Illinois?
A married person may consider divorce as an option for leaving a stressful or unhappy relationship and getting a fresh start. Agreeing to dissolve a marriage can be a difficult choice, since a person may be unwilling to give up the unity and love that brought the couple together. The divorce process will require spouses to identify and resolve the legal issues that must be addressed when ending their marriage, including the allocation of parental responsibilities (formerly known as child custody), child support, and the division of marital property. However, the complexity that might be involved in resolving these matters could be a negative for some couples, and ending the marriage could also lead to unwanted attention or embarrassment for either spouse. For spouses who are considering divorce but are unsure about whether to proceed with the end of their marriage, consulting with a skilled family law attorney could identify some alternative options.
Is “Bird Nesting” an Option in My Illinois Divorce?
The end of a marriage can signify a new start for a former couple. However, divorce can be difficult for any children who are involved, since they then often have to split time between both parents. A new alternative to having children split time between two houses after a divorce is called “bird nesting.” This refers to an arrangement in which the divorcing parents themselves divide their time in a home, instead of the children being uprooted from the home for parenting time. The parents may each rent their own apartment or condo, or they may share a dwelling where one parent will stay even when it is not their parenting time. This type of parenting solution is not for everyone, but if parents do wish to use this option, their parenting plan document can spell out the allocation of parental responsibilities, parenting time arrangements, and more.
Tips for Divorcing an Abusive Spouse in Illinois
Domestic violence is committed anytime an individual hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family member or a person in their household. Unfortunately, many people are affected by domestic abuse every day. In May 2019, the National Domestic Violence Hotline (NDVH) answered their 5 millionth call from a victim seeking help.
Trying to get out of an abusive marriage can be difficult. You might be afraid to leave your relationship if your spouse has threatened retaliation. Ending a dangerous marriage requires preparation and special considerations, especially if a child is involved. In some cases, you may be able to obtain an order of protection to restrict contact with the abuser during and after your divorce.
Creating a Safety/Escape Plan
If you are a victim of abuse, one of the first things you should do is create a plan that will protect your safety as you escape from a dangerous situation. This plan should include practical steps to remain safe while in your relationship, when you are planning to leave, and after leaving. In addition to looking at the types of legal action that can be taken, you should also consider issues such as how to cope with difficult emotions, and how to tell family and friends about the abuse.
Am I Entitled to Spousal Support After My Illinois Divorce?
With a divorce comes many difficult emotions and questions about the future. Whether it be concern over child-related issues, where to live, or finding a job, a lot of people fear the unknown. This can be an uneasy time, and especially for a spouse who was a stay-at-home parent or who relied on his or her partner’s income. There are laws that govern the financial support an ex-spouse may be able to receive after the end of the marriage. One spouse may be entitled to receive spousal maintenance payments, but it is important to understand how eligibility for spousal support is established, how the dollar amount of the payments is calculated, and how long maintenance will last.
How Is Spousal Support Determined in Illinois?
Under Illinois law, what used to be called alimony or spousal support is now termed spousal maintenance. This type of support can be granted to either party. Illinois courts do not consider fault in connection with the divorce or any misconduct committed by either spouse during the marriage when determining whether a spouse is eligible to receive maintenance. When deciding whether to award maintenance, the court will consider certain factors, such as:
What Should I Include in My Illinois Prenuptial Agreement?
Nowadays, it’s common for two people who are planning to marry to create and sign a prenuptial agreement. While it was once considered a document that was only necessary for the rich and famous, a prenup can actually provide benefits for couples at all income levels. This type of agreement can help a couple determine ahead of time how their marital property will be divided in the event they decide to part ways and get a divorce. It may also spell out how assets or property will be handled during the marriage, such as whose name will be on mortgages, car loans, insurance policies, retirement benefits, etc.
When creating a prenuptial agreement, being open and honest regarding what each person brings to the marriage can lay a solid foundation of trust. With a prenup in place, a couple can make decisions that can help avoid conflict if the marriage does not work out.
What Issues Can Be Addressed in Post-Divorce Matters in Illinois?
In some divorce cases, a couple may change their minds or disagree about certain issues even after the divorce is final. For example, if a person believes his or her ex-spouse violated the divorce decree, he or she can file a “post-decree motion” to enforce the terms of the divorce decree. Similarly, a change in one or both of the former spouses’ circumstances, such as a job loss or relocation, may require amendment or modification of the divorce decree, especially if a child is involved. These modifications or post-decree matters must be approved by a judge and should be fair to each spouse and in the best interests of the child.
Parental Responsibilities and Child Support
The majority of post-decree matters deal with disputes over child-related issues. Parental responsibilities (formerly called child custody) and parenting time (formerly known as visitation) are determined during the initial divorce proceedings. However, changes may be necessary in some cases, such as when one parent would like to have more parenting time with his or her child.
What Types of Guardianships Are Available in Illinois?
According to Illinois law, a “guardian” is defined as a person, institution, or agency appointed by a court to manage the affairs of another person, who is referred to as their “ward.” When a child turns 18, his or her parents do not have legal guardianship at that point, since the child is now considered an adult. However, a guardian may be appointed on behalf of an adult who is disabled due to a mental illness, physical incapacity, or developmental disability.
Illinois is one of the most progressive states when it comes to guardianship laws. The Illinois Probate Act was amended in 1979 to provide statutory protection for disabled persons who are 18 or older, with new procedures for appointing guardians. Any person over the age of 18 who is of sound mind, is not a convicted criminal, and is viewed as qualified in a court of law may be appointed as the guardian of an adult with disabilities. However, this person must prove to the court that he or she has the capability to maintain an acceptable level of guardianship.
How to Create a Summer Child Custody Schedule Following Divorce
When parents choose to get a divorce, they will need to determine when children will spend time with each parent. While it is important to create and follow a regular parenting time schedule, parents can still choose to be flexible, and they may be able to agree to make changes to the schedule as needed. One common situation in which changes may be necessary occurs when the kids are out of school for holidays or summer breaks. During vacations, children have more free time to spend with each parent, and so parents should work together to determine a schedule that is in the best interests of the children.
Scheduling Factors
In many divorces, children will reside with one parent for the majority of the time while spending some amount of parenting time with the other parent. However, some divorced couples are able to share equal or near-equal amounts of parenting time. While these arrangements provide consistency during the school year, schedules may need to be adjusted during the children’s summer vacation. When creating a summer parenting schedule, many factors come into play, including the children’s ages, the distance between the parents’ homes, parents’ work schedules, and plans for summer activities.
What Is the Process Followed in a Step-Parent Adoption in Illinois?
Many people who get divorced often find love and happiness again in second marriages. A step-family, sometimes called a “blended” or “bonus” family, is a family in which at least one parent has children from a previous marriage or relationship. Blended families can be wonderful, especially when step-parents wish to adopt the children of their spouse as a way of making their family more “complete.” This is referred to as a related adoption, since one of the adoptive parents is related to the child who is being adopted. In fact, this is the most common form of adoption in North America.
A step-parent who adopts his or her stepchild agrees to become that child’s legal parent and to be fully responsible for the child until the child is an adult. Once the adoption is final, the other biological parent’s name is replaced with the adopting parent’s name on the child’s birth certificate. In some cases, the child’s name may also be changed on the birth certificate.
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