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Officially ending a marriage through divorce is much more than simply breaking up a relationship. Numerous financial and legal issues will need to be addressed including the division of marital debts and assets. However, before a couple can reach a property division agreement, they must first take stock of their marital and non-marital property. In many divorce cases, correctly valuing these assets in preparation for division is one of the most challenging aspects of the divorce.
Per Illinois law, spouses are entitled to an equitable share of the marital estate. The marital estate contains property that was accumulated during the marriage with some notable exceptions such as property obtained through gift or inheritance. Whether spouses are able to reach an out-of-court settlement or the case goes to litigation, property must be properly valued before it can be divided. Some assets that are often especially difficult to value include:
Under Illinois law, if the biological parents of a child are not married (or in a legal civil union) at the time of their child’s birth, the biological father is not automatically considered to be the legal father, regardless of whether the parents live in the same home or if they plan to get married. Until paternity is established, the father will not have any parental rights or grounds to pursue custody. Fortunately, there are a few different ways for a man to become legally recognized as a child’s father.
The legal relationship between a father and his child is known as “paternity.” When the mother of a child is married or in a civil union with a man at the time of the child’s birth, or within 300 days of the child’s birth, the law presumes that man to be the child’s father. This means that the man is recognized as having parental rights, and that he can petition for parenting time and parental responsibilities if he is no longer married to the child’s mother.
A divorce is never a walk in the park. However, if you and your spouse have children, it can make the ordeal even more complex. In Illinois, you are required to create a parenting plan that describes how you and the other parent will take care of your kids after your divorce is finalized. Including the right elements is critical to promoting your children’s well-being, and it can also help you maintain a positive co-parenting relationship with your former spouse.
According to Illinois law, there are certain elements that should be included in your parenting plan, including:
Where the child will live and each parent’s parenting time
Transportation arrangements for exchanges between parents
How parental communication will be dealt with with the child during the other parent’s parenting time
Many people nowadays consider their pets an important part of their family. Dogs and cats provide companionship and can reduce your anxiety and depression. If you and your spouse have recently filed for divorce, you may wonder who will get the family pet. Your furry family member likely means the world to you, and imagining your life without it may be difficult. In Illinois, pets were once considered marital property in a divorce. However, as of 2018, pets are looked at somewhat similarly to children during divorce proceedings.
Before 2018, pets would be given to one spouse in a divorce based on what was fair and equitable. These days, however, a family court judge will assign custody based in part on the animal’s well-being. A judge may look at many different factors before coming to a decision, such as each spouse’s relationship with the pet and contributions to its care. If one spouse, for example, spends more time with the pet and has paid for the majority of the food, vet and grooming bills, the judge may grant custody to that spouse. Your testimony and evidence of expenditures and care for the pet may help to strengthen your case.
A divorce is a long process and may involve several complexities, including alimony. If you have been the primary breadwinner in your marriage, a judge may order you to pay your former spouse alimony if you get a divorce. Also known as spousal support or maintenance, alimony is typically paid on a monthly basis and intended to support an ex-spouse financially after a marriage has ended.
In Illinois, spousal support is only part of a divorce resolution if the spouses agree to it, or if the court determines that it is warranted based on each spouse’s situation. Factors that the court will consider include each spouse’s needs, income and assets, and earning capacity now and in the future. If the court decides to order spousal support, there is a standard calculation that is typically used to determine the amount.
If a divorcing couple’s combined income is less than $500,000, a judge will use statutory guidelines to figure out how much and how long maintenance must be paid. In Illinois, spousal support is calculated by taking 33.3 percent of the paying spouse’s net income and then subtracting 25 percent of the receiving spouse’s net income. For instance, if you make $6,000 a month while your ex earns $1,000, you could be ordered to pay $1,750 per month in alimony.
In the years after a divorce, finding a new partner and planning to remarry can be a major bright spot in your life. If your partner has children, you can also look forward to becoming a stepparent, an experience that can be both challenging and rewarding. You may be intimidated by the prospect of bonding with your partner’s kids, but there are things you can do to help these new relationships develop in a positive direction.
If you know that your relationship is serious and could lead to marriage, it is a good idea to start getting to know your partner’s kids. It is normal for children to be skeptical or even resentful of a parent’s new love interest, but spending short periods of time with them can help them grow more comfortable with you and the role you will play in their lives. Make an effort to take genuine interest in the things that are important to your future stepchildren, and find common interests that you can bond over.
Over the last several weeks, we have discussed the common issues that parents of minor children are likely to encounter when getting divorced, focusing on the differing effects on different age groups, including infants and toddlers, elementary-aged children, and teenagers. Adult children, meaning those at least 18 years old, can also be impacted by their parents’ divorce. While you may not need to address matters like child support and parenting time for your adult children, you should still consider how the process and outcome will affect them.
In recent weeks, we have looked at some of the common challenges that arise for parents of infants and toddlers and elementary-aged children during the divorce process. This week, we continue with helpful information for parents of teenagers. Parenting teenage children can be challenging even under the best circumstances, and it can be especially difficult to help them cope with your divorce. It is important to make an effort to understand their needs and to address them through your child support order and the allocation of parental responsibilities.
Teenagers are likely to cope with divorce very differently when compared to younger age groups. On the one hand, their advanced maturity level may help them better understand the reasons for your divorce, and you may be able to have more meaningful conversations with them about the process. However, you should still try to keep the parent-child relationship in mind and avoid treating your child like a friend or confidant, especially when it comes to complaining about their other parent.
In our last blog, we discussed some of the challenges that Illinois parents of infants and toddlers often face when getting a divorce. We know that parents of children of all ages need support during the divorce process, and we continue this week by addressing some important considerations for parents of children who are in elementary school. The unique needs of children of this age require special attention when it comes to issues like child custody and child support.
By the time children reach the age of 5, they are starting to form more lasting memories and become more aware of the world around them. This awareness only increases as time goes on. Elementary-aged children may pick up on signs of the divorce, especially if there is visible conflict between their parents, but they are unlikely to fully understand what is happening and why. As a result, they may have many questions about the divorce, most of which revolve around their concerns that they are at fault. They may be worried that their behavior is making one of the parents want to leave, or even that their parents do not love them anymore. The stress of the divorce can also affect a child’s relationships with their friends and peers, as well as their performance in school and their general mood. In many cases, a child psychologist or family therapist can be beneficial to help children of this age cope.
The birth of a child is often cause for celebration, and many parents find that their relationship grows stronger as they work together to raise their child. Unfortunately, however, some parents decide that their marriage is no longer working soon after their child is born. Getting a divorce when you have an infant or toddler can be especially hard, and it is important to think carefully about your child’s needs and best interests as you work to resolve divorce issues.
Children under the age of three will not understand the reasons for a divorce, and research suggests that they may not even form lasting memories of the events surrounding the divorce. However, because these years are so important to a child’s development, divorce can still affect them significantly. Hurtful conflict between parents and constant interruptions to the child’s routine can cause trauma with effects that resurface as the child gets older. There may also be more immediately noticeable effects. For example, your child may become more dependent on you or the other parent or regress in their development with regard to sleep routines and potty training.
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