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When a couple files for divorce, there may be a great discrepancy between their incomes—a difference that can make life very difficult for the lower wage earner when the other spouse is no longer contributing to the household. To avoid such a situation, Illinois divorce law provides for a proceeding called a Petition for Temporary Support and Other Relief.
If a judge grants the petition, one spouse may be required to pay spousal support to the other to assist with living expenses; the arrangement is temporary and only lasts until a final order is entered to conclude the divorce. There are strict rules governing the petition process, so it is wise to consult with an Illinois spousal maintenance attorney for assistance.
Petition with Supporting Affidavit
Either spouse in a divorce proceeding may file a petition to receive temporary spousal maintenance, so long as it is accompanied by an affidavit stating the facts that entitle him or her to support. The affidavit must include financial documents such as tax returns, bank statements, business financial statements, and other paperwork to support the facts asserted by the petitioner.
When you hear the term “restraining order,” you often think of a domestic situation where a victim goes to court to prevent an abuser from engaging in acts of violence. However, Illinois law also provides for restraining orders that relate to property in a divorce, which are used to safeguard assets during the proceedings. Without a valid order in place, one spouse may be tempted to empty bank accounts, transfer real estate, sell off certain personal items, or take other actions to impact an equitable distribution of property. An Illinois attorney can tell you more about restraining orders as they relate to property in a divorce, but some general information should be helpful.
Petition for Temporary Restraining Order
Either spouse may file a petition with the court to restrict the other from disposing of property, except where it is required in the usual course of business such as cost of living expenses. Prohibition on transferring, selling, concealing, and encumbering assets are included in this type of order. The petition must be supported by an affidavit, which is a sworn statement attesting to the facts contained in the document.
Illinois lawmakers recognize that grandparents and non-parent relations can play a big role in a child’s life, so the General Assembly enacted a law that allows individuals to seek visitation under certain circumstances. In general, a person must file a petition in court; however, it is not necessary for there to be a pending case for divorce or allocation of parental responsibilities in order to initiate proceedings. A family law attorney can assist you with the process if the situation warrants visitation by non-parents, but some general information can help you understand your options.
Illinois Statute on Visitation by Non-Parents
The law regarding the visitation petition limits eligibility to grandparents, great-grandparents, step-parents, and half- or step-siblings. Once the individual passes the relationship test, there are additional requirements:
On its face, the Illinois Voluntary Acknowledgement of Paternity (VAP) seems like a simple form. It requires basic information about the mother, the child, the person asserting parentage, and other details. The benefit of using a VAP is that paternity is established without having to go to court. However, it is critical that you know the legal implications of executing the form—no matter what position you are in as a parent.
Before you consider this method of establishing paternity and sign the VAP, make sure you talk to a qualified Illinois parentage attorney to fully understand your rights and obligations.
VAP Basics
In Illinois, a child is presumed to be the offspring of two parents only if these individuals were married at the time the child was either born or conceived. Where the parents were not married, only the person who actually bore the child is considered a parent and can be listed on the birth certificate. It is possible to overcome the presumption and establish parentage through executing the VAP or by going to court for a determination on paternity.
If you are like many other individuals seeking divorce in Illinois, you hope to complete the process with as little cost and hassle as possible. You may have already sought information on the state’s Joint Simplified Dissolution of Marriage option for divorcing couples, which is attractive because it keeps expenses low and reduces the amount of time for resolution of your case. However, the fact is that very few couples actually qualify for the process due to the strict legal requirements. The eligibility rules will help you understand why—in most cases—you need a skilled Illinois divorce attorney to handle your matter.
Eligibility for Joint Simplified Dissolution Procedure
As a party seeking to divorce through the simplified process, you both must certify that every one of the following conditions is true when initiating the proceeding:
A parenting plan for decision-making and parenting time is a part of any Illinois divorce when minor children are involved, whether it is by agreement of the parties or ordered by the court. The provisions of the plan that cover parenting time refer to the periods where one parent is responsible for care-taking duties. However, provisions may not address what happens when something “comes up” to impact the normal schedule.
Illinois law regarding the right of first refusal is intended to alleviate issues that may arise under these circumstances. You should discuss your situation with a qualified parenting time lawyer. Still, some answers to the most common questions on right of first refusal should be helpful.
What is the Right of First Refusal?
When one parent is unable to watch a minor child during regular parenting time as defined by the parenting plan, he or she would typically retain a caretaker to handle this responsibility. However, a right of first refusal means that the parent would first have to offer the other parent an opportunity to provide care before resorting to a third-party caretaker.
Parents must stick to a court’s order on child support—an order which is intended to cover the costs of basic necessities. However, there is more to a child’s life than food, shelter, and clothing.
Under Illinois law, a judge has the discretion to include additional expenditures in the amount of child support if doing so is in the child’s best interests and is equitable between the parents. Not all costs will qualify for an additional financial stipend above and beyond the basic obligations, so discuss your options with a knowledgeable child support attorney.
Qualifying Expenses
In addition to setting child support according to the guidelines in the statute, the court may order either or both parents to contribute to four different types of expenses:
Healthcare Costs: To the extent that they are not covered by insurance, a court may order payment of additional health-related expenses. Whether a judge will allow extra child support beyond the basic order depends upon how the payor parent has arranged insurance for himself or herself. The court may order a one parent to pay a percentage of the premiums if insurance is through an employer that passes on a charge to employees.
Divorce is certainly not on your mind when you and your spouse execute wills, but circumstances can change down the road. It hardly seems fair that testamentary bequests may result in a distribution of assets to your former spouse upon your death—and it is not: Illinois law specifically addresses this notion to prevent such a situation. Still, there are factors you will need to consider regarding your will and issues you should discuss with a divorce attorney who also has experience with estate planning.
Revocation of Legacies to Former Spouse
In general, a will may only be revoked by burning it, cancelling it, or taking some other action to destroy it—either personally or by directing someone else to do it. A will executed after the first will also have the effect of revocation, but only as far as the terms are inconsistent. The only other way a will may be revoked is by dissolution of marriage or declaration of invalidity of marriage.
In 2016, a number of changes were implemented to the Illinois Marriage and Dissolution of Marriage Act—changes that cover divorce and child custody issues. One of the sections that was overhauled deals with the allocation of parental responsibilities as they relate to decision-making.
In general, the law provides that the court will determine these obligations according to the child’s best interests and it enumerates a total of 15 factors that a judge should consider when making a decision. Because the law deletes a few sections from the prior one, and incorporates new criteria, it is worth taking a look at the seven new provisions for allocating parental responsibilities in Illinois.
Cooperation
A court will consider whether the parents can cooperate in making decisions, because conflict can impact their ability to share the role.
Within 120 days after filing a petition to allocate parental responsibilities for a minor child, divorcing parents must file a proposed parenting plan that covers decision-making responsibilities and parenting time. It is great when parents can agree on the parenting plan, but that is not always possible.
There are numerous meticulous details involved with planning out your child’s life, which you must address at a time when emotions may be running high over disputes with your spouse. Fortunately, the court can order your case to mediation to assist with developing a parenting plan and it is a process that presents benefits for your entire family.
Court-Ordered Mediation to Develop a Parenting Plan
Under Illinois law, the court “shall” order mediation to help parents in formulating a parenting plan—unless there are barriers to suggest that mediation will not work. Therefore, you should expect to engage in the mediation process if you cannot agree with your child’s other parent on the parenting plan. In addition, if you do agree on some provisions and disagree on others, you may still be required to mediate only the disputed issues.
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