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Negotiation Techniques to Use in Your Illinois Divorce Case
When spouses can agree on the terms of their divorce and avoid a trial, they can save significant time, money, and frustration. Depending on the circumstances of a divorcing couple's life, the spouses may need to address the division of assets and debts, the allocation of parental responsibilities, parenting time schedules, spousal maintenance terms, and other crucial issues before they can finalize the divorce.
Reaching an agreement between two divorcing spouses is rarely easy. If you are getting divorced and you plan to negotiate an out-of-court agreement with your spouse, the following negotiation techniques may help.
Negotiating a Divorce Settlement
Effective negotiation is difficult under the best circumstances, and it can be especially challenging when the individuals involved are in the middle of a divorce. However, if the spouses are willing to negotiate in good faith, put emotions aside, and work diligently toward an agreement, they may be able to reach a settlement. Before you begin the process, keep the following tips in mind:
What Is Emergency Guardianship of an Adult in Illinois?
Under Illinois law, guardianship gives an individual authority over another person's financial and healthcare decisions. Usually, guardianship is used to care for a minor child or a disabled adult. A guardianship action is initiated by filing a petition for guardianship and attending a hearing. The court evaluates the evidence presented and makes a determination about the proposed guardianship. This process can be lengthy and complex.
An emergency guardianship or temporary guardianship covers the time between when the petition is filed and the final order is entered by the court. It is used if there is an imminent threat of harm to an individual or an individual's estate and there are no reasonable alternatives.
The Basics of Emergency Guardianship in Illinois
Often, emergency guardianship is needed to protect someone from financial exploitation or abuse. The person seeking emergency guardianship must show that emergency guardianship is needed to protect a person or a person's estate from immediate harm. An emergency guardianship is usually only valid for up to 60 days or until a final guardianship order is entered by the court. During this time, the guardian is responsible for acting in the ward's best interest and protecting his or her health and finances.
Popular Parenting Time Schedules for Divorced Parents
In Illinois, divorced parents create a parenting plan that describes how the parents will handle childcare and child-related responsibilities. This parenting plan includes several different elements, including the allocation of parental responsibilities and a parenting time schedule. There are several popular parenting time schedules that help divorced parents share time with their children. An important part of the divorce process is working out a parenting time schedule that works for both parents and the children.
Parents are encouraged to negotiate their own parenting time schedule and formalize that schedule through their parenting plan. However, if parents cannot agree, the court will step in and decide the parenting time schedule for the parties.
Potential Visitation Schedules
No visitation or parenting time schedule is perfect, and the type of schedule you will use depends on your work obligations, the children's school and extracurricular activities, and how close you and the other parent live to one another. The following are some of the more common parenting time schedules that divorced parents in Illinois use:
Debunking Divorce Myths in Illinois
When it comes to divorce, there are numerous myths floating around. It is easy to get overwhelmed by the amount of information out there. This blog aims to clear up some common misconceptions about the divorce process in Illinois. Here are five myths about divorce that you should know if you’re considering or going through a divorce.
Myth #1: You Must Have Your Spouse's Permission to File for Divorce in Illinois
False! In the state of Illinois, either spouse can file for divorce without their partner's consent or agreement. This means that if one party wants a divorce but the other does not, the filing spouse can still move forward with the process. However, keep in mind that filing for a divorce without your spouse's permission will likely make an already difficult situation even more challenging.
Myth #2: You Have to Be Separated for a Certain Amount of Time Before You Can File for Divorce
This is probably one of the most commonly held myths about divorce in Illinois and other states. People often assume that they need to be separated from their spouse for at least six months before they can file for divorce—but this is not necessarily true. Divorces can be filed immediately after the decision has been made. The only time a couple must separate before a divorce is when a spouse contests that there are irreconcilable differences and tries to prevent divorce from occurring. In a situation like this, being separated for six months guarantees that the grounds for divorce have been met and allows the divorce to proceed.
What Is Separate Property in an Illinois Divorce?
The division of property is a major aspect of the Illinois divorce process. Shared assets and debts are part of the marital estate, and when the marriage is dissolved, those assets are divided between the spouses. In most cases, any assets or liabilities acquired during the marriage are included in the marital estate. Assets and debts that a spouse owned before getting married are separate or non-marital property. However, property division is rarely this simple and there are several exceptions to these rules.
Marital and Non-Marital Property
Assets and income that a spouse purchased or earned while they are married are typically marital assets. This means that both spouses jointly own these assets. Illinois is an “equitable distribution” state, so these assets are divided equitably during divorce through a negotiated marital agreement or the court.
Separate or non-marital property belongs to only one spouse. Assets and debts that a spouse entered into the marriage with are usually assigned to that spouse during divorce. Typically, separate property includes:
Should I Get a Temporary Child Custody Order During My Divorce?
It is no secret that the divorce process can be long and complicated. This is especially true when a divorce involves contentious property division or child custody disputes. Illinois law allows divorcing spouses to petition the court for temporary court orders addressing various issues such as spousal support, child support, and child custody. If you are a parent in the middle of a divorce, you may want to consider getting a temporary child custody order that will dictate custody terms during the divorce process.
Temporary Allocation Orders
Illinois law now refers to child custody in terms of "parental responsibilities" and "parenting time." Temporary child custody orders or "temporary allocation orders" describe the allocation of parental responsibilities and parenting time from the time a custody case is filed until a final order is entered.
A temporary allocation order can address issues such as:
A Guide to DCFS Appeals for Illinois Parents
Being accused of child abuse or neglect often comes as a shock to parents. After someone makes an accusation against a parent, the Illinois Department of Children and Family Services (DCFS) will conduct an investigation. Child custody orders may be modified substantially, and parents may even face criminal charges if the DCFS finds that the accusations of neglect or abuse are valid. Parents in this situation have the right to file an appeal and attend a hearing. It can be intimidating to attend a DCFS hearing in Illinois, and many parents feel like the odds are stacked against them. If you find yourself facing a DCFS investigation or hearing, it is important to understand your rights and prepare appropriately.
DCFS Appeals in Illinois
Parents have 60 days after a DCFS decision to file an appeal and attend a hearing. You have the right to attend your hearing with an attorney. They will help make sure your rights are upheld and that you understand the process. It is also important to be well-prepared for your hearing and to have a good understanding of what will happen on the day of the hearing. During the hearing, an administrative law judge hears arguments and considers evidence from the parents and the DCFS. The parents may also subpoena witnesses to testify for them. After the hearing, the judge will issue a written report in which he or she makes a recommendation to the DCFS about whether to uphold the DCFS's initial decision. The director of the DCFS will review the recommendation and make a determination. If the director finds that there is not satisfactory evidence of child abuse or neglect to confirm the initial complaint against the parents, the report may be erased from the DCFS database, and the parents will not face adverse consequences. Parents also have a right to request a judicial review of the DCFS director's final decision.
Should I Establish Paternity If the Father Is Not Involved?
Family situations can be extremely complex. Sometimes, a mother gets pregnant unintentionally. She may not have a close relationship with the father or wish for him to be involved in the child's life. Sometimes, the opposite is true. The mother wants the father to be involved in the child's life and support the child financially, but the father refuses to sign the birth certificate or establish paternity.
In this situation, it is important to consider the legal and financial implications of not establishing paternity, as well as the potential benefits of establishing paternity. In some cases, it may be beneficial to take legal action to establish paternity, even if the father is not directly involved in the child's life.
What Are the Benefits of Establishing Paternity?
Paternity is the legal father-child relationship. When a married couple has a child, paternity is assumed. If an unmarried couple has a child, paternity is not assumed, and the parents must take additional action to establish paternity.
Understanding How and Why Parenting Time Restrictions Are Used in Illinois
Parenting time restrictions limit or restrict the amount or type of parenting time allotted to a parent. These restrictions can be used for a variety of reasons, such as protecting the best interests of children or ensuring that parents are engaging in positive co-parenting practices.
In Illinois, parenting time restrictions are used to protect the safety and well-being of children who live in divided households. If there is evidence that a parent has acted in a way that is or could be detrimental to the child's emotional, physical, or psychological well-being, then parenting time restrictions may be put in place. If there is evidence of domestic violence between the parties, parenting time restrictions can help ensure that the children are not exposed to further harm or distress.
Parenting Time Restrictions in Illinois
Illinois courts generally assume that it is in the best interests of children to have meaningful relationships with both parents. However, if one parent has displayed a pattern of behavior that may negatively impact the child, parenting time restrictions can be implemented. These restrictions can include:
Prenuptial Agreements Are Increasingly Popular Among Young Couples
For many years, prenuptial agreements were thought of as antiquated, unnecessary, and unromantic by a large portion of newlyweds. However, attitudes about prenups are changing, and many people now recognize the benefits that a prenuptial agreement can provide. Young couples are signing prenups at rates that are higher than ever before, and there are several reasons for this trend.
Advantages of Premarital Agreements Among Younger Engaged Couples
One of the most common reasons young couples choose to sign a prenuptial agreement is to protect their assets. This is especially true for couples who have already accumulated some wealth before getting married. In the age of Bitcoin, tech startups, and other modern financial opportunities, it's not uncommon for people in their 20s and 30s to have substantial assets. A prenuptial agreement can ensure that these assets remain separate in the event of a divorce.
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