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Many people misunderstand how, when, and where annulment can take place. In Illinois, annulments are possible, but they are rare. This is because an annulment formally reverses an invalid marriage. Typical marriages are not eligible for annulment. If someone wants to end a valid marriage, their only option is divorce. This blog will explain the difference between annulment and divorce, when a successful annulment is possible, and what you can do if you need to end a marriage you regret.
The law limits who can get married. For example, minors are typically not allowed to get married in Illinois. However, a 16- or 17-year-old may get married if he or she has parental consent. There are also limitations regarding marriage between close relatives. These are “prohibited marriages.” If someone is married and it is later revealed that the marriage was prohibited, the marriage may be annulled.
If you are like most parents, you want the best for your children and that includes reducing any stress your children may experience during the divorce. In a best- scenario, you and your spouse will try to put your emotions aside, regardless of who chose to file for divorce. The last thing you want is for your child to witness hostility between the two people they love most in this world. For many parents, mediation during divorce is healthier for the child because it helps reduce conflict and allows parents to seek a peaceful resolution.
The process of mediation works well when both parties are open to negotiating in good faith and cooperating, while litigation may result in a bitter custody battle that is expensive for parents and traumatic for children. It is very important to have children spend time with each parent during and after a divorce, and just about every court will see it that way. After all, the court wants what is in the best interest of the child.
There has been an uptick in divorces across the nation for people who are over 50 years old. For folks 65 years and older, t the divorce rate has tripled since 1990. Perhaps once someone hits their golden years, they realize they do not want to put up with an unhealthy relationship anymore. Whatever the reason, any divorce comes with financial uncertainty.
If you are getting what is being dubbed a “gray divorce,” chances are you have more assets to divide than other couples and what you think is yours may no longer be the case moving forward. Here are five financial situations you may need to manage.
Any debt that you secured as a couple or even separately during the marriage is considered marital property. According to the state of Illinois, marital debt does not have to be divided equally but it should be split fairly.
Divorcing later in life could destabilize your standard of living and you may be forced to delay your retirement to avoid outliving your savings. IRAs and 401ks are considered marital property if contributions to the accounts were made during the marriage. Come divorce time, those monies will need to be fairly distributed. If contributions to these kinds of accounts were made before either spouse got married, only the percentage of the total balance that accumulated during the marriage is considered marital property.
If you are at each other’s throats like cats and dogs, chances are your divorce will be difficult, to say the least. Fuming over a betrayal or your soon-to-be ex threatening to take the kids can set the stage for an all-out war. Davi Law Group can help you temper your emotions by focusing on the legal process of your high-conflict divorce.
Deciding to end your marriage is never easy but sometimes it is the only solution. The current divorce rate in the United States is 2.3 per 1,000 people. The reason for your divorce often foreshadows whether or not you can negotiate in good faith or if it will be a contentious divorce. Do you feel like you are going down an abyss of repetitive arguments instead of dealing with the legal issues of your divorce? If this is your situation, you need an experienced Illinois attorney who knows how to handle the stresses of a high-conflict divorce.
These divorces should be handled delicately to move the proceeding along and reach a solution as promptly as possible. It is often advised that you only communicate with your spouse through your attorney. You do not have to respond to abusive phone calls or aggressive emails and texts from your spouse. The best course here is to save this as evidence as you work on building your case with your attorney’s help. In severe circumstances, we can petition for a restraining order or limit the ways your spouse can communicate with you.
So you lost your job and feel like the rug has been pulled from underneath you. How are you going to make your next child support payment? It can be a terrifying situation. Especially because being unemployed does not absolve you from this obligation. If you need help with a child support matter to ensure your child is taken care of in the least disruptive way possible, there are some options.
The amount and length of child support are not negotiable between you and your ex-spouse. If you have no income, you are still legally responsible for contributing financially to your children’s food, shelter, clothing, health, and education.
Child support payments in Illinois are determined by combining the monthly net incomes of both parents and splitting the child support obligation into two parts for each parent that depend on the parent’s income and time with the children. The state also considers the number of children, their needs, and the lifestyle they would have had, living with two parents.
Much as divorce can become a source of emotional turmoil for parents, so can it for children of any age. From toddlers to teenagers, divorce can have an enormous impact on children’s mental health, as the split likely represents the most significant life change they have ever experienced. As a parent, taking care of your child’s mental health during your divorce - in addition to looking after your own - is of the highest importance. Children, particularly older children, are likely to hold their own opinion about what parenting time arrangements would be ideal. Some children would wish to live exclusively with one parent, seeing the disfavored parent as responsible for the divorce. Children often feel powerless during divorce, even making futile efforts to keep the marriage going. If you are going through a divorce, prioritizing your child’s emotional needs without putting them in charge can be challenging.
The equitable division of marital property during the divorce process is a frequent source of conflict. Virtually all married couples own some joint property. Even those who have largely kept their finances separate are likely to jointly own home furnishings, vehicles, or funds contained in a retirement account. When your spouse’s financial interests and your own are inextricably intertwined due to the addition of a shared business venture as part of your marital estate, it is critical that the business be divided in a manner that is equitable to both parties. Such a division can be difficult to accomplish without causing significant harm to the business itself. If your goal is to keep the company open, you will need to work with your attorneys to devise a strategy. You may have multiple options in this regard. An attorney can help you review your potential options.
There are numerous strategies for ending a marriage without sabotaging a joint business venture. Even if you and your spouse have decided not to prioritize the continued operation of the business, you still must divide the value of the company in an equitable fashion. Potential strategies may include:
When you are a homemaker, your entire life revolves around your family. Rather than continuing on a career path, you have devoted yourself to the work it takes to run a household. If you have children, you are likely their primary caregiver on top of being the family cook, housekeeper, shopper, and much more. However, this vitally important work goes unpaid, which can make the prospect of getting divorced frightening for many stay-home parents and homemakers.
If you are getting divorced, you may have concerns over how you will continue to meet your financial needs and your children’s needs at the same time. Financial concerns like alimony payments or child support are likely to be high priorities so that you can maintain financial security while adjusting to single life. Our attorneys will work with you to learn your specific needs so that we can best serve you and guard your interests throughout the divorce process.
Your divorce decree is generally considered a very final document. When the court issues the decree, your marriage officially terminates, and the decree reflects either the agreements you made or the decisions the court made. At the time, the terms in your decree may have been practical and reasonable. However, things can change over time. Your or your ex’s financial situation may have changed drastically. The needs of your children can change and evolve over time. Divorced parents may become different people over time. A number of circumstances in your lives can change and render your divorce decree impracticable and unreasonable. In some cases, you may be able to petition the court to modify your divorce decree to reflect the present reality. To do this, you will need a knowledgeable family law attorney.
Divorce decree modifications are possible, but not always easy. Generally, they are used when a drastic change in your personal situation has occurred. You may be able to seek a modification if one of the following circumstances is present in your case:
No one should have to experience domestic violence. There is never any excuse for your spouse to hit you, push you, or inflict any other type of violence on you. If you have experienced abuse at the hands of your spouse, you may be able to obtain a protection order. A protection order, or restraining order, is an official court order that requires your spouse to stay away from you and refrain from contacting, harassing, abusing, or intimidating you or your children. The process for getting one of these orders is typically completed in just two manageable steps. While you could seek one of these orders alone, it is highly advisable to be represented by an attorney. Your case could go to trial, where you would want to be represented by a lawyer who understands the rules of Illinois courts.
When you arrive at the courthouse to file for a protection order, you will need to start by filling out some paperwork explaining why you need a protection order. You will be asked to provide a brief written statement alleging the acts of domestic violence that led you to seek out this order.
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