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The 2015 Supreme Court decision in Obergefell v. Hodges required that all 50 states recognize same-sex marriage, but a gap in the family law system remains. Couples, who may have spent years living together before they could legally marry, find that same-sex divorce is not just complex, but potentially unfair – even in a state that strives to provide an equitable distribution to all divorcing parties. Learn how you can protect your rights and best interests, as well as those of any children that may be involved, with help from the following information.
Understanding the Problem
During the division of assets (and possible consideration of alimony), judges consider several factors – one of them is the duration of the marriage. For same-sex couples, the start of the marriage may have occurred long before the state legally recognized or allowed their union. Sadly, this creates quite the problem when trying to determine the duration of the marriage – especially if the parties disagree on the date. Yet, even if both parties agree on the date on which the marriage began, the judge may not acknowledge any of their time together before the legal commencement of their marriage in the settlement.
In the do-it-yourself culture of today, it comes as no surprise that one can easily research divorce online. If one so desires, they may also fill out and print state-specific forms and file them with the court, pro se (without an attorney). Sadly, many parties who pursue such options end up learning a hard and expensive lesson: divorce should not be a “DIY project.”
The Dangers of a DIY Divorce
DIY divorces come in all shapes and sizes. Some offer to complete the paperwork for you, while others simply offer advice to help you fill out the forms yourself. Either way, you are taking a major risk. Few of these options are state-specific, and that can make a significant difference in the division of your marital estate – especially in Illinois, where assets are distributed equitably, rather than equally. Of special concern are large assets, such as the family home, and retirement accounts, which can be exceptionally difficult to divide without assistance.
There are many painful facets of the divorce process, from dividing up assets and sentimental possessions to arranging parenting time and other parental responsibilities for those who have children together. Many of these tasks take a heavy emotional toll on each party throughout the divorce, especially when disputes arise. Tension that may have already been brewing between a couple often intensifies the moment one of the parties feels threatened in some way, such as discovering the possibility of losing time with their child or being faced with losing a valuable financial investment. The same applies when family pets are involved: Who gets to keep the dog, and who will have to say goodbye?
When Pets are an Extension of Your Family
Many divorcing couples who must also cope with the task of deciding who gets the dog or other household pets when it is time to move out and move on consider their pets an extension of their family. For a majority of pet owners, this is an extremely difficult decision, regardless of who originally brought the animal into the home. Chances are, both parties have spent a great deal of time with the family pet and have shared a handful of special memories, and they likely never imagined they would have to say goodbye under such circumstances. If you have viewed your pet as an extension of your family and are struggling with the thought of having to give them up due to your divorce, you are not alone.
There are many ways to start or grow a family. Adoption, though often a complex process, can also be extremely rewarding. Learn more about which adoption options may be available to you, and discover how an experienced family law attorney can assist you and your family through the process with less stress and more time for your growing family.
Foster Child Adoption
There are more than 100,000 children awaiting adoption in the U.S. foster care system. Those who are not adopted will simply terminate out of the system, with no family to call their own. If you are not against adopting an older child, perhaps one with a troubled background that needs a loving, patient, and compassionate family, foster adoption may be the appropriate path for you.
Note that this is often the least expensive adoption option, but it can take time to find the right placement. As such, prospective parents sometimes choose to certify as a foster home and then have the child live with them for a term before deciding if they are the right fit for one another.
The divorce journey is naturally difficult for the entire family, especially when children are involved. Although research shows younger children tend to adapt and bounce back from divorce with greater ease than older, adolescent teens, studies on the effects of divorce on children consistently demonstrate the often negative emotional impact divorce can have on kids. Despite these discouraging facts, however, parents do have some control in terms of how they choose to handle their divorce and ultimately, how they allow the end of their marriage to affect their children.
Parental Alienation and How it Breeds Conflict
Apart from financial disputes, one of the biggest sources of tension between parents during divorce is often rooted in disagreements surrounding the allocation of parental responsibilities and parenting time. Due to the circumstances that led to the divorce and the nature of the couple’s relationship with one another at the time of the split, it is not uncommon for parents who are hurt and on the defense to project their thoughts and emotions onto their children.
Filing for bankruptcy can relieve financial stress and give debtors a fresh, new start – but what many debtors do not realize is that the obligation to one’s creditor remains in effect until the debts are legally discharged. What is a bankruptcy discharge, when does it occur, and is there anything that debtors can do to expedite the process? The following information explains, and it describes where you can find assistance for your Illinois bankruptcy case.
What is a Bankruptcy Discharge?
A discharge in bankruptcy is a legal and permanent order that releases the debtor from any further obligation to the creditor. It also prohibits the creditor from contacting the debtor (i.e., email, phone, mail, or in-person) and they can no longer use legal actions to collect the debt (i.e., wage garnishment, intercepting tax refunds, etc.). It is important to note that discharge does not stop a creditor from repossessing or recover property with a valid lien (i.e., homes, vehicles, etc.). Some debtors may be permitted to work out an arrangement with their creditors to keep an asset. Others may be permitted to keep certain exempt assets. An experienced attorney can help determine if you may be eligible for either of these options.
For many couples going through the divorce process, the number of factors that must be discussed as the dissolution of the marriage is handled can be overwhelming. While some partners are able to separate with little to no legal roadblocks, a majority of people experience some challenges throughout the journey. This is certainly understandable, considering the many issues that can arise when a marriage ends. Couples are faced with having to pick apart the lifestyle they have been accustomed to, and must then decide how to divide finances, living arrangements, and standing obligations with their soon-to-be ex-partner.
Is Your Divorce Contested or Uncontested?
The primary difference between a contested divorce and an uncontested divorce is how the parties respond to the dissolution of the marriage. In an uncontested divorce, both parties agree in all areas, including the division of marital property, the allocation of parental responsibilities, parenting time, and any other non-parent issues that may apply to the couple’s situation. When a divorce is contested, this means the parties disagree on one or more of these areas. Under these circumstances, the dissolution of marriage must be negotiated or litigated through mediation or in court.
When people talk to their friends about the possibility of divorce, they are often encouraged to be the first to file. The reason for this is the purported advantage that petitioners hold during the process – but is this advantage even real, and if so, do you necessarily lose it if you are not the first to file? Learn more about being the first to file for divorce, including when it may be appropriate and how an experienced attorney can guide you through the process.
Is the Advantage Real?
Although there are some circumstances in which one should be the first to file, filing first does not necessarily give one an advantage in the divorce. Both parties are considered equal in the courtroom, and it is factors that dictate decisions made by a judge, not who filed first. For example, filing first may not gain you any extra time with your children in your parenting plan. However, as previously mentioned, there are certain situations in which one really should file first – or, at the very least, the moment they realize that divorce is imminent.
Although litigated divorces may be necessary for some situations, those that are mediated tend to cost divorcing parties less time and money. Mediation can also reduce contention, which is often beneficial for children. What about an attorney, though? Is one still necessary when going through the mediation process, and if so, why? The following sections explain further.
Why Hire a Mediation Lawyer?
Mediations are typically guided by an experienced professional who is at least knowledgeable of the divorce laws in their state. However, this individual must remain unbiased and impartial throughout the entire mediation process, so they cannot give advice. They cannot tell you if your parenting plan is realistic or fair. They cannot tell you if you may be getting shortchanged in your divorce settlement. Quite simply, they can only guide the conversation and encourage compromise that fits within the framework of the law.
Although alimony is far less common than it once was, it is still a factor in divorces today. Under what circumstances is alimony awarded, and how can you tell if you may be entitled to it in your Illinois divorce case? The following information explains, and it provides you with some details on why and how the assistance of an experienced family law attorney can help.
Alimony in an Illinois Divorce
Despite the common misconception, alimony is not awarded in divorce, simply because one asks for it. Instead, there are certain factors that the courts use to determine if a party may be eligible, including:
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