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Pets can often feel like family members. So, when there is a divorce, the family pets may be affected as well and couples may fight over whom the pet lives with after the divorce. This article looks at the laws and rules regarding pets during a divorce in Illinois.
What Status do Pets Have?
Though pets may feel in a lot of ways like children or other family members, the law generally looks at them as property. However, now that both divorce rates and pet ownership rates have risen, judges may be more likely to take into account the unique needs of pets. Essentially, judges are able to decide themselves whether they treat a pet more like a lamp or like a child.
However, unlike with children, judges are not able to award visitation or approve any other kind of “parenting plan” where time with the animal is legally mandated to be split. Divorcing couples are allowed to make their own arrangements for sharing time with the pet without court involvement.
NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
If you are ordered by the Illinois court to pay child support, generally that support obligation will end at age 18 or as long as the child is still in high school. However, when a child is disabled then a parent who pays child support may be obligated to pay child support even after the child reaches adulthood.
Child Support Rules Generally
In Illinois, child support is governed by the Illinois Marriage and Dissolution of Marriage Act. Generally, the parent with whom the child does not live is the one that is required to pay child support to the other parent. Illinois calculates the amount of child support owed based on the income of the parent that is ordered to pay it and the number of children the couple has together. For one child the amount is 20 percent, for two it is 28 percent, for three it is 32 percent, and for four it is 40 percent of the payor’s income. However, the court takes into account the circumstances of the parties, including the income and needs of the parties, and the income and needs of the parents.
The idea of adopting a child may seem overwhelming at first because there is so much you need to know and so many choices to make. However, there are a number of basics that you should understand and become familiar with if you plan on bringing a new child into your family in Illinois
Adoption Definition
The Illinois Adoption Act governs adoption in Illinois. Adoption is when the legal and/or biological parents of a child sever legal ties and another person or couple is given the rights and responsibilities of care and control of that child. After an adoption is complete, as far as the law is concerned, it is as if that child was born into the adoptive family. While adults can adopt other adults as well, this article focuses on child adoption.
Kinds of Adoption
There are many different kinds or adoption and these may each present special concerns or issues:
The Chicago Tribune recently reported on a hearing that took place in front of the Illinois Supreme Court Rules Committee. The committee heard testimony from juvenile justice advocates who were pushing for reform of the rules around juveniles being forced to wear arm and leg shackles during court in some counties.
Current Policy
At this time, there is no statewide policy in Illinois about whether and when shackles should be used on defendants in juvenile court actions. However, there are very specific guidelines for when shackles are used for adult criminal defendants in court. Right now, each country makes their own rules about when it is appropriate for juveniles to be shackled in court. In DuPage County, whose juvenile defendants are heard in Kane County, the judge has the discretion to require shackles to be used or not.
When thinking about a divorce, many people are naturally concerned about the cost. There are many variables that can affect how much a divorce will cost. The person that is responsible for paying these fees is usually decided by the couple or worked out in the divorce. To be sure, there exist a number of variables that will make the cost of a divorce go up or down.
Fees
Court fees are a part of almost all legal actions. These fees are paid to the court in order to file certain kinds of documents, including divorce documents. Recent articles have examined the difference in fees in different counties in Illinois. The fee for a divorce in DuPage County in 2016 is $290. Many counties in Illinois have been accused of having “skyrocketing” fees for civil actions and criminal convictions.
Attorney’s Fees
Attorney’s fees can vary depending on the divorce process and decisions that the couple makes. Some of the things that can affect the amount of attorney fees in a divorce are:
The website Central Illinois Proud recently reported on several stories of people winning the lottery before their divorces were finalized. The main question that comes up is whether the soon to be ex-spouse is entitled to any of the winnings. While it seems like this would be a rather basic question, like many parts of the law it is not as straightforward as it seems.
Disclosure
If you have won a significant amount of money and are separated or in the process of divorce, you need to make sure you are upfront with your attorney and your spouse about the winnings. The Central Illinois Proud article highlights the case of a California woman who won the lottery, and then filed for divorce a few days later. She did not plan to tell her ex-spouse about the money but then her winnings, and her deception were found out during the divorce process. The court ended up awarding her ex-husband all of the winnings.
During a divorce, one of the things that need to get allocated is the marital debt that the parties have accrued during the marriage. Indeed, it is important to understand debt allocation and how debt allocated during a divorce can be affected by the original contract that created the debt.
Allocation of Debts
The Illinois Marriage and Dissolution of Marriage Act governs the way that property is divided during a divorce in Illinois. Assets are not the only things that need to be divided, but so do any debts that are considered debts of the marriage. Marital debts, like marital assets, will generally be the debts that were accrued during the marriage, however, there are some exceptions. The exceptions are beyond the scope of this article, but a knowledgeable property division attorney can help to determine whether the debt is marital or separate.
When a minor is charged with a crime in Illinois, he or she may be diverted to the juvenile justice system. Whether the minor faces the charges in adult court or through the juvenile justice process depends on the age of the minor and the crime committed. Youth 15 years and younger will be in juvenile court and youth 16 years and older will start in juvenile court but may be moved to adult court if it is a very serious crime, such as first-degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm. It is important to remember that youth in the juvenile justice system do have rights. Indeed, it is important to understand some of the most substantive rights youth and parents have when navigating the juvenile justice system in Illinois.
Right to an Attorney
Just like adults, children in the juvenile justice system have the right to an attorney. If you cannot afford a lawyer the court will provide a defense attorney. Immediately after being arrested your child should demand to talk to an attorney and say nothing else. Attorneys can help protect your child’s rights and help the case move expediently. Getting an attorney is not a sign of guilt and it is extremely important to exercise this right by contacting a knowledgeable juvenile law attorney as soon as possible.
If you are considering or in the process of divorce and there are kids involved, you also need to think about the tax consequences of different options regarding maintenance, child support and parenting time. To be sure, there exist some important tax considerations that may apply to divorced or divorcing parents and their children.
Filing Status
The first tax consideration to think about is your filing status. As you probably know you file your taxes during the April after the previous tax year. The key time and date to look at is December 31 at 11:59pm. If you were married at that date and time during the previous year then you need to file either “married filing jointly” or “married filing separately.” If you were divorced by then, then you can file “single” or “head of household.” You are still married until the judge issues the divorce decree. This is an important consideration and you may want to plan the date of your divorce with this in mind.
Divorce can be a long and difficult process, but some divorces are longer and more complicated than others. One of the simpler and (usually) less time-consuming kinds of divorce is an uncontested divorce.
What is an Uncontested Divorce?
Divorces are either contested or uncontested. An uncontested divorce is a divorce where the parties agree on the property division, child custody and support, and other important matters. Contested divorces require the court to make some decisions on behalf of the couple because they cannot come to a decision themselves. An uncontested divorce is usually faster because the couple does not have to go through the discovery and hearing process in court and the papers can just be filed. A judge has to approve the divorce either way, but with an uncontested divorce it generally takes less time.
Do I Need a Lawyer for an Uncontested Divorce?
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