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In most cases, In Illinois, what used to be called “visitation” is referred to as “parenting time.” Similarly, “child custody” is called the “allocation of parental responsibilities.” Courts always make decisions about the allocation of parenting time and responsibilities based on what is in the child’s best interests. In most cases, children benefit from unrestricted access to both of their parents. However, issues such as addiction and domestic violence can make a parent’s home unsafe for children. Fortunately, Illinois provides several different options for restricting parenting time.
Illinois courts will only limit a parent’s rights in extreme circumstances. Some of the most common reasons for restricted parenting time include:
The parent has been convicted of domestic violence-related charges
As a business owner, the way you make a living differs from a typical “9 to 5” job. The business is more than just a source of income, it is a long-term investment that you have probably poured your heart and soul into. Protecting your business is crucial. This is one reason many business owners and entrepreneurs choose to sign a prenuptial agreement when they get married.
If you are getting married, you may be interested in learning more about the benefits of a prenuptial agreement or “prenup.” These legal tools are becoming increasingly popular for a number of reasons. Most importantly, a prenup protects business assets in the event of divorce. The divorce rate hovers around 40-50 percent, so preparing for this possibility is important for any engaged person.
In Illinois, equitable distribution laws require courts to divide marital property equitably or fair with regard to the spouses’ circumstances in a divorce. Businesses that were established during the marriage are usually non-marital property not subject to division. However, many different situations can cause a business to be considered either partially or fully marital property. For example, the non-owner spouse may be entitled to a share of the business’s value if he or she contributed time, money, or labor to the business. Through your prenuptial agreement, you can identify the business as non-marital property which is separate from the marital estate. Alternatively, you can establish each spouse’s share of the business interests and liabilities. You can also designate how any appreciation in the business’s value should be divided upon divorce. Doing this in advance can simplify divorce proceedings considerably.
If you have recently decided to get divorced, you may be unsure of what to expect. Most people have little to no experience in legal matters when they enter into the divorce process. Understandably, it can seem overwhelming. One way to prepare yourself for divorce is to learn the basic steps typically in the divorce process. Although divorce generally follows the same general sequence of events, special circumstances can change the divorce process considerably. For advice and information catered to your situation, contact a skilled divorce lawyer.
No two divorces are exactly the same. However, the basic steps in the divorce process are as follows:
Filing for divorce - In the state of Illinois, divorce is technically called “dissolution of marriage.” The dissolution process begins with a “Petition for Dissolution of Marriage.” The spouse who files the petition and initiates the process is the petitioner. The other spouse is the respondent. Illinois is now a no-fault state which means that you will not need to explain the specific reasons you are seeking a divorce. You must only assert that “irreconcilable differences” have led to the relationship’s failure.
Divorce mediation is an alternative resolution method available to Illinois residents getting divorced. In some situations, the court requires a couple to attend mediation. Although it is not appropriate in every circumstance, many divorcing couples have reached agreements about unresolved divorce matters through mediation. Read on to learn what to expect during the mediation process and how mediation may benefit you.
To get divorced, couples may need to address the division of marital property, child custody, spousal maintenance, and several other issues. Reaching an agreement on these issues outside of court is usually preferable to divorce litigation. However, many divorcing spouses struggle to discuss divorce concerns in a practical, productive manner. Understandably, years of pent-up frustration and anger can interfere with the spouses’ attempts to resolve outstanding divorce issues. This is where a mediator can help.
When a couple gets married, they have high hopes of building a life together. Few ever consider that the marriage may not work out. Unfortunately, people change, and marriages sometimes end. If your marriage has turned sour, you may want to get divorced.
Divorce is a legal process involving both spouses. Consequently, you may wonder if you can get divorced even if your spouse refuses to cooperate or sign the paperwork. The answer is, “Yes,” however, the divorce process may be challenging both personally and legally.
Some spouses cannot accept that their marriage is over. They believe that the marriage is still salvageable and that divorce is the wrong move. This can be extremely frustrating for the spouse seeking a divorce. If you have found yourself in this situation, you should know that you have options. Your spouse cannot deny you a divorce. However, he or she can drag out the process and make it more difficult than it needs to be. An experienced divorce lawyer can be a tremendous asset in a situation like this.
As a parent, it can be extremely frustrating when your ability to make decisions about your children is limited. However, laws about child relocations and moving a child out of state during a divorce ultimately exist to protect children.
If you are in the middle of a divorce and you share children with your spouse, it is important to understand the laws regarding child relocations and out-of-state vacations. If you want to take your child out of the state or out of the country, you will most likely need permission from the other parent. If you wish to move with your child to a new residence, you may need permission if the move counts as a “relocation.” Illinois law considers a move a relocation if:
You move from a home in Cook County, DuPage County, Lake County, Kane County, Will County, or McHenry County to a new residence that is over 25 miles away or outside of Illinois.
You move from a home in another Illinois county to a new residence that is more than 50 miles away or more than 25 miles away and in another state.
During a divorce case, divorcing spouses have the right to negotiate divorce issues and reach an agreement. If they cannot reach an agreement, the court will step in and make a determination on the unresolved issues for the couple. These decisions are formalized in the final divorce decree.
The terms of the divorce decree are legally binding for both spouses. However, the only thing certain in life is change, and sometimes the terms of the divorce must be modified. Read on to learn about post-decree modifications in Illinois and what you should do if you need to modify the terms of your divorce.
One of the most consequential aspects of a divorce case is the division of the spouses’ assets and debts. Property must be identified as either marital or nonmarital, accurately valued, and distributed between the spouses. Typically, property division settlements and judgments are not adjustable once the final divorce decree has been issued. However, there may be exceptions to this in rare cases.
Ending a marriage is never easy. However, some spouses make the divorce process especially difficult. A spouse may refuse to sign divorce paperwork, fail to show up for mediation sessions, insist on unreasonable divorce terms, or take other antagonistic actions. Some spouses go so far as to literally hide from divorce proceedings. Spouses may leave the state or even leave the country, making it nearly impossible for the petitioner to serve them with divorce papers. If you cannot locate your spouse and you want to divorce, do not panic. You still have the right to get divorced. However, you will need to take specific steps to do so.
Typically, when an individual files for divorce, the respondent is served with the divorce petition in person or through certified mail. However, if you do not know where your spouse is, you may be unable to do this. Fortunately, Illinois law offers an alternative. If you cannot locate your spouse, you may be able to get a divorce by publication. You will make your intentions known by publishing a notice of the divorce petition in your local newspaper. However, you can only use this option after making genuine attempts to locate your spouse. If you wish to seek a divorce by publication, you will need to submit an affidavit declaring that you made a good faith effort to find your spouse.
Divorce can have a massive financial impact on both parties. Many divorcing spouses worry about how they will pay their bills without their spouse’s financial support. Alimony, called spousal maintenance in Illinois law, provides an opportunity for financial relief. However, spousal maintenance is only available in certain situations. If you are getting divorced and you or your spouse is interested in pursuing spousal maintenance, an experienced family law attorney can give you advice customized to your circumstances.
Spousal maintenance recipients have traditionally been women, however, Illinois spousal maintenance law makes no distinction between men and women. A spouse may qualify for spousal maintenance if:
The spouses signed an agreement such as a prenuptial agreement that determines spousal maintenance arrangements.
The court determines that spousal maintenance is appropriate given the spouses’ financial circumstances, the duration of the marriage, the standard of living during the marriage, and other statutory factors.
The issue of child custody can be quite contentious. Understandably, parents want the best for their children. When parents, grandparents, or other guardians disagree about what is best for the children, the situation can escalate quickly. In many child custody disputes, a guardian ad litem (GAL) is assigned to the case. The GAL’s job is to advocate for the child’s best interests. If a guardian ad litem has been assigned to your case, consider the following tips.
It goes without saying that divorce, child custody cases, and other family law cases can be quite difficult for children. Younger children may not understand what is going on and therefore reach the conclusion that they have done something wrong. Older children who understand the legal issues may feel awkward and unsure of how to respond. Keeping child-related schedules and routines as consistent as possible can help reduce the chaos brought into the child’s life during this time. It is also important to avoid sharing too much information with the children about the specifics of the case.
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