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Family law issues are among the most controversial and dramatic cases seen in courtrooms today. Perhaps that is not surprising, considering these matters often involve the ending of a marriage, custody battles, and fighting over property. Family law cases, too, usually involve very emotional subject matter, which can range from anger and stress to sadness over loss. It can easily be argued that the role family law attorneys play in these cases is of the utmost importance, which is why hiring an experienced professional, who has a solid understanding of Illinois divorce laws, is crucial.
Family Law Cases are Becoming More Common
In the past few decades, it seems that family law cases in general, and specifically divorces, have become more prevalent than they were previously. People in unhappy or unfulfilling relationships are much more likely to call it quits than to try and make their marriage work. Perhaps this is because it is more acceptable for people to think of their own needs, or because more families have two incomes and both parties are therefore more financially independent. Many factors are at play in any given divorce, and a marriage may end for any number of reasons. But no matter the road a couple takes to get there, the process of getting divorced is generally not easy or straightforward.
Today, it seems more couples than ever are choosing to live together, whether or not they plan to marry. In fact, a committed couple eventually deciding to move in together is not only acceptable, but may even be expected in our current culture. Despite the prevalence of this practice, there are some important considerations and preparations a couple should take before making the decision to share a home, as a recent article points out. Preparing for the Move While making the decision to live together is likely an exciting and even romantic time for most couples, there are also some serious matters that should be addressed. Couples who plan on sharing a home should be prepared to have an honest discussion about their personal affairs, including their finances. Successfully combining both households may require a bit of work, and preparing a joint budget is a good idea to aid in the process. A budget will also help a couple decide how they will pay bills and other household expenses once they are cohabiting. Taking these steps in advance of moving in together will help avoid conflict down the road and make the transition into sharing a home with a partner that much easier. Another topic couples should discuss before moving in together is their future expectations for their relationship. Both partners should have a clear idea of where the relationship is headed, whether that means marriage or not. In addition to the future state of the relationship, a couple should also discuss how they would handle other life situations should they arise, like a pregnancy. Finally, it would be a prudent choice for cohabitating couples to rent rather than purchase real estate if they are not yet married. Buying a home is a serious financial decision that can have significant consequences if a couple breaks up. There are no clear guidelines or laws in place to address such a situation in the event of a breakup, unlike divorce laws that are in place. Down the Road Even after a couple moves in together, there are still some additional considerations to take into account:
Prenuptial agreements are gaining popularity and are no longer seen as being exclusively for the wealthy. Many people want to ensure they are protected prior to entering into marriage and may have good reason to do so. However, not all prior prenuptial agreements are upheld in the event of divorce. Oftentimes, the spouse who signed the prenup will challenge its validity in order to have the agreement declared invalid so they will not be held by its terms. The question arises: what makes a prenup invalid in the state of Illinois?
Illinois Law
Illinois law regarding the validity of prenuptial agreements changed in 1990. As a result, agreements signed before 1990 are held to different standards for validity than those signed after January 1st of that year.
Prenuptial agreements signed in the year 1990 and after are governed by the Illinois Uniform Premarital Agreement Act (UPAA). Under the UPAA, a party who is challenging the validity of a prenuptial agreement must show that the agreement was not entered into voluntarily or that the agreement was unconscionable at the time it was signed and that there was not full and fair disclosure of finances between the parties. Proof of inadequate disclosure involves the party seeking invalidation to show that he or she was not provided with full financial disclosure, that voluntary waiver of such disclosure was not made, and that he or she did not know nor could have known about the true nature of the other party’s finances.
Summer vacation and a break from school means different things for different families. For some parents who got divorced or made the decision to do so, it may have been a summer of adjustment and even grief. Divorced and divorcing families certainly go through a lot, from changes in finances to emotional challenges. Having navigated these circumstances all summer, and perhaps getting into some sort of comfortable routine, the task of getting kids ready to go back to school may seem more daunting than ever. However, there are some things newly divorced or divorcing parents may want to consider in preparing to send their children back to the classroom.
Strategies
A recent article outlines five strategies that may be useful to employ with children who will be returning to school this year with divorced or divorcing parents in order to make the transition easier for them and to keep them on track during the school year.
Some divorce cases, such as those of the very wealthy or those of the celebrity variety, are much more common to be made into news stories and discussed in the media than divorces between regular folks. Interestingly enough, it is often the case that no matter who the parties to the divorce case are, some of the same issues are present in divorce cases across the board, albeit on a different scale. A recent article discussed the high profile divorce case of a super wealthy Chicago couple, busting some divorce case myths along the way. Although the article is written in the context of this specific couple’s divorce case, these myths are present in many divorces, regardless of the splitting couple’s financial status.
Myths Busted
Whether speaking about billionaires or the average middle class couple, divorce cases are often an emotional, stressful time for both parties and their families. Issues arise that may make one party think he or she has an advantage over the other, but in reality, one can never be sure how a divorce case will play out in court. In that same vein, many have preconceived notions of divorce cases and their likely outcome. Consider the following myths and the corresponding realities:
NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
Child support cases often present unfortunate situations. In some matters where there is a complete failure to make child support payments for an extended period of time, the one who truly suffers is the child involved. According to a recent news article, in St. Clair County, the State’s Attorney is focusing funding and efforts on collecting child support payments.
Increased Funding
The State’s Attorney’s office in St. Clair County received a significant increase in funding from the Illinois Department of Healthcare and Family Services, which will enable it to increase efforts in collecting child support payments for the first time in seven years. The increase in funding came after the State’s Attorney’s Office made the argument that St. Clair County most needed the resources in order to enforce child support orders. They argued that this was imperative to the effort of breaking the cycle of poverty and violence in the area.
Many people dream of having children, and the adoption process is an outlet for single people, couples who cannot have their own children, and gay couples to realize that dream. Even couples who may already have children of their own wish to adopt in order to give a loving home to a child who may not otherwise have one. With so many children up for adoption in the United States, and usually not enough homes to place them in, it may be somewhat surprising that federal lawmakers recently introduced a bill that allows foster-care agencies the right to deny services based on religious or moral beliefs.
The Bill
The bill states that it would allow organizations with religious or moral convictions to continue to serve children without having their funding terminated for violating anti-discrimination laws. If they do suffer any adverse action, the bill allows for such organizations to seek declaratory and injunctive relief as well as compensatory damages. In addition to denying funding, other actions that would be considered adverse, according to the bill, include denying a provider’s application for funding, having their funding canceled, refusing to enter into, renew, or canceling a contract with a provider, declining to issue the provider a license or canceling a license, and terminating the provider’s employment, among other things.
When the parents of a child are no longer a couple or when their relationship fails, they often have a difficult time reaching an agreement when it comes to custody of any children they have together. Of course, many factors can contribute to the breakdown of a family unit, whether marriage was involved or not. When a couple no longer has romantic feelings in common, but still have a child in common, conflicting opinions may cause issues to quickly arise. When these parents cannot come to an agreement about child custody, the law in Illinois steps in to set a schedule for child visitation.
Visitation Rights
Absent extreme circumstances where a parent may have his or her rights terminated by a judge, every parent has reasonable rights of visitation with regards to their children. If a parent is being denied visitation with their children, he or she has the right to take the matter to court in Illinois and have the case heard before a judge. It is important to note that other family members, including grandparents, do not have the same rights to visitation according to Illinois law, although they, too, may be granted visitation by a judge under certain circumstances.
January 1, 2016 Update: The Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent some significant changes. Removal of the at-fault divorce, such as the heart balm provision used in divorces involving adultery, was one of those changes. This essentially means that, while still emotionally painful, adultery holds no legal implications in divorce.
Unfortunately, it is an all-too-common scenario where one spouse engages in a romantic relationship outside his or her marriage. In situations such as these, the act of adultery not only severely compromises the relationship between spouses, but also has a significant chance of altering the relationship between a parent and any children of the marriage, as well.
Because of the negative emotional toll cheating has on the entire family, it is perhaps not surprising that acts of adultery play a role in many divorces. However, just because adultery may have led a couple to divorce, it is not necessarily telling of how adultery will affect the legal process of divorce proceedings.
A divorcing couple’s finances are often one of the largest issues to be addressed by their lawyers and a judge in court. It is usually assumed that the spouse who benefits from a financial award has prevailed. However, a financial article recently suggested that other factors may be more important than money in a divorce, especially for retirees and those about to retire.
Lasting Effects
The repercussions of a decision in a divorce case last far beyond the end of the case, and can even be felt years down the road. Retirement plans made by a couple when they were married can be completely upheaved when they divorce, leaving two single people to make new plans for retirement. Items of property that were assigned to one side over another may be difficult to sell, or may be only of sentimental value. Other non-financial factors, such as family visitation, are also important, despite the lack of financial value.
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