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Annulments are often thought of as a legal process you go through after using bad judgment during a trip to Las Vegas. However, an annulment is a very specific proceeding under Illinois law. The official term according to the statute is “Declaration of Invalidity of Marriage,” and it is not as available as you might think.
There are exacting requirements to qualify for the annulment process, and the rules regarding eligibility are quite strict. Therefore, if you are considering an annulment, you should discuss your circumstances with an Illinois divorce lawyer who can advise you on annulments and other available options.
Declaration of Invalidity of Marriage Versus Divorce
The effect of a declaration of invalidity of marriage is that the union never even took place. No valid marriage ever existed, despite what may have occurred during a ceremony or thereafter. For all practical purposes, the marriage is cleared from all official record keeping. In a divorce, there is no dispute over whether the marriage is valid. The parties want to end their marriage, but the official marriage documents remain on the books.
Circumstances may change for parents of minor children after a divorce, and the terms of your parental responsibilities and parenting time may have to adjust along with them. In a common scenario, your former spouse may want to relocate your child from his or her normal residence for different reasons.
No matter what the justification for moving, you do have rights under Illinois law regarding relocation. The child’s best interests are always paramount, but it is possible to defeat your ex-spouse’s removal efforts before, during, or afterwards. Always discuss your specific situation with an Illinois divorce lawyer. Consider the following information to help you understand the process.
Location of Relocation
If your child enjoys the majority of parenting time with your ex-spouse or you split it equally, your ex-spouse must follow state law on the distance of the move. Relocating rules apply when moving more than:
The parties in a divorce are free to enter an agreement regarding a distribution of property, but the court will make a determination where they cannot reach an accord. In doing so, the assets are broken into categories of marital and non-marital. Generally, only marital property is subject to equitable distribution and non-marital property is retained by the respective spouses.
One unique type of asset that may become an issue in making a property distribution pursuant to divorce is an interest in a business. When ownership is determined to be a marital asset, valuation methods and business goodwill become critical. Discuss your situation with an experienced Illinois property division attorney to ensure protection of your interest.
Valuation Methods
Establishing the worth of a company is highly complex, so a financial professional is typically hired to conduct a business valuation in divorce cases. There are three primary methodologies used:
In many divorce cases, the parties are able to agree upon spousal maintenance and the terms of the arrangement are entered into the final dissolution of marriage order. Under Illinois law, the agreement is binding on the parties, but it can be modified under certain circumstances. At times, it may be necessary and appropriate to make changes, as many life-changing events can occur after the divorce is finalized. The ex-spouses must look to the specific terms of the agreement to determine whether it can be modified. Hence, it is important to consult with an Illinois spousal maintenance attorney before you sign.
Agreements Regarding Modification
The terms of a spousal maintenance agreement typically cover the amount one spouse pays to the other, how often, and whether there are any events that would cause maintenance to terminate. In addition to payment basics, a divorcing couple can also include different types of modification provisions in their spousal maintenance agreement:
One of the most difficult conversations you may ever have with your child is the announcement that you and your spouse are ending your marriage. Children feel the impact of divorce perhaps as extensively as their parents, and how they react will depend on their age, personality, and unique circumstances. These young people will feel a range of emotions, including sadness, anger, anxiety, and surprise.
If you are divorcing in Illinois and you have decided that the time is right to tell your child, there are a few things you and your spouse can do to help them endure these difficult times.
Initiating the Conversation
When you are certain of most plans, sit your kids down and tell them about your decision to divorce. It is best if both parents are present when breaking the news, so you can present a united front in your determination that divorce is for the best of the family. Practice in advance if possible, because you are better able to anticipate and address your emotions before your children witness them. Expel negative feelings of anger, guilt, or blame when initiating the conversation.
Divorce can be emotionally draining and complex, but having a skilled lawyer on your side can make the experience less taxing. An Illinois divorce attorney will represent your interests in court to ensure protection of your rights under the law. Hence, your relationship with your attorney is important: Finding the right fit with a divorce lawyer is key to making the process as smooth as possible. You would not buy a car or home without conducting some research, and it is just as essential to do your homework when looking for an attorney. Consider the following factors when searching for a legal professional.
Where to Look
You may see ads on TV or online offering divorce services, but there are other resources to consider when looking for a divorce lawyer. If you have friends or family members who have been through the process, ask for a referral if those individuals were pleased with the attorney they used. Plus, you can also consult with state or local bar associations that maintain a lawyer referral service. These databases are typically organized by area of practice, so you know whether an attorney handles divorce cases.
A court will enter a child support order as part of the divorce process in Illinois, but it is important for both parents to understand how the law provides for enforcement of payment provisions. There are a number of protections in place intended to ensure that financial support never becomes a problem for a parent caring for a minor child. Moreover, there may be harsh consequences for someone who tries to shirk his or her responsibilities.
An Illinois child support lawyer can help you understand your rights and assist in enforcement efforts. Consult with a legal professional if you are facing challenges in dealing with your ex-spouse.
Illinois Income Withholding for Support Act
This law, which applies to all child support orders, requires payments to be automatically deducted from the payor’s income and forwarded to the recipient parent. The State Disbursement Unit (SDU) is the agency of the Illinois government which manages this garnishment process. Unless you have agreed otherwise with your ex-spouse and the court approves an alternative plan, child support enforcement is administered by the SDU.
It is common for engaged couples to make purchases before their wedding day, with the intent that the two will use these items when they are united in marriage. Often, soon-to-be spouses will invest in real estate or other high-ticket items. However, when the unfortunate happens and the once-happy couple decides to divorce, there are often questions regarding this property and how it will be equitably divided during the divorce process. The Illinois divorce statute speaks to exactly this situation, defining these items as purchases “in anticipation of marriage.” You should discuss the specifics of any items you bought as a couple before your wedding day, especially since there have been recent changes to Illinois divorce law that became effective in 2016.
Marital Versus Non-Marital Property
Purchases made in anticipation of marriage come into play in the context of marital and non-marital property. Before a court will make an equitable distribution of property to spouses, it is first necessary to establish the classification of all assets. Then, a judge can divide marital assets and make a ruling that respective spouses can keep non-marital property. Under Illinois law, the spouses may also agree on the classification of marital versus non-marital property.
Signs on CTA vehicles and other heavily trafficked areas around town are common. They may state, “Low Cost Divorce, Just $99 Flat Fee,” or other similar text. At first glance, a “low cost divorce” might seem like a good idea, especially if you and your spouse can agree on most factors involving your divorce. However, there is a lot of information these ads leave out, including hidden fees that make your total cost much higher than the $99 as advertised. As a warning about low cost divorce in Illinois, consider a few additional factors these firms will not tell you upfront.
Court Filing Fees Not Included
The fee you pay to a firm that handles low cost divorce is typically applied to the services provided. There are additional fees for filing the proper paperwork with the court clerk to initiate the dissolution of marriage proceedings. Depending on your circumstances, there may be other court costs which are not disclosed until after you have already started the process.
Under Illinois law, divorcing parents may present a mutually agreed plan for decision-making responsibilities and a schedule for parenting time regarding minor children. The statute encourages parents to agree by including a caveat if they cannot cooperate: The court will make decisions regarding parenting time, taking control out of the hands of a divorcing couple. Therefore, it is important to at least try to come to an agreement on parenting time in the plan you submit to the court as part of the divorce process. An Illinois divorce lawyer can assist you in covering the primary factors to consider for allocation of parenting time.
Activities Scheduling
During the school year, there is more regularity in activities, but your parenting time should take all contingencies into account. You will need to consider how to handle plans if one parent must travel for work or has a variable schedule, such as healthcare workers, law enforcement, and others that may be called into work unexpectedly.
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