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Divorce is one of the most turbulent times anyone may experience. It can drain a person both emotionally and financially. As unpleasant as divorce can be, there are many factors that further complicate the decision to initiate a divorce. These factors include fear about splitting assets, child custody disputes, and determining alimony payments. Factoring in a spouse with a substance abuse problem can make the decision to divorce more difficult than usual.
Factors to Consider
When considering whether or not to divorce a spouse with a substance abuse problem, many emotions may begin to surge. Many spouses feel guilty and feel that they are abandoning their partner. However, there are several factors you will want to consider when making a decision about your marriage and how to deal with your spouse’s addiction. These factors include:
A child’s feelings and attitudes towards their parents change over time. These changes can be influenced by changes at school in a child's social groups and by his or her experiences surrounding the divorce of a child's parents. In some cases, certain changes can support a custody or visitation modification. To be sure, mistreatment by a parent or stepparent can support a change in custody. The same can be said for illegal activities or activities that endanger the child, like drug or alcohol abuse.
However, what if the child simply does not like to spend time with one parent? In this case, can the child choose to simply live with or spend more time with the other?
What if We Just Do Not Get Along?
The parent-child relationship is not always perfect, and often, especially during adolescent years, the child may simply not like his or her parents. Or, the child may get along well with one but not the other. This raises one question: how much can your child’s preference factor into visitation and custody decisions? In reality, your child’s preferences are important but do not ultimately determine child custody and visitation.
Deciding child custody and visitation can be complex for divorcing parents. This is particularly true if you did not choose your custody and visitation arrangement or would like a change in custody. Whether you have agreed to your child custody arrangements or a court ordered it, it is still important to understand the basics of custody and visitation according to state law.
Parents Have a Right to Reasonable Visitation
Under Illinois law as it currently stands, non-custodial parents are entitled to reasonable visitation. Generally, courts prefer that children have some contact with both parents and do not prefer to restrict visitation rights. In most cases, courts only restrict a parent’s visitation if they believe that a parent will pose a danger to the child. This does not mean that visitation is unlimited or without structure. Visitation must be reasonable for both parents.
You should not live in fear of another person. If you are divorcing or separating from your partner and he or she is harassing or abusing you, you may be able to request an order of protection to protect yourself from further harm.
An order of protection provides a set of rules detailing how an individual can interact with the individual who requested the order. It is against the law for the other person to violate the order. If you are living with abuse, you should not hesitate to contact an experienced attorney for help with your situation.
Types of Orders of Protection
Under the Illinois Domestic Violence Act, there are three different types of protection orders available to domestic violence victims:
There are not many issues in a divorce that are as difficult as deciding which parent a child will live with post divorce. Even after a court has decided child custody and visitation, one parent may want to request changes to custody throughout the child’s youth. There are several reasons why a noncustodial parent would want to seek a change in custody; such reasons may include:
Whatever the reasons are for wanting a change in child custody, modifying a child custody order involves more than demonstrating who is the better parent.
The Child’s Best Interests
One of the most difficult things to deal with is an allegation of domestic violence in the middle of a family law case. Because judges rightfully take domestic violence claims seriously, even unfounded allegations can drastically affect the way a family law case moves forward. Sometimes, even parenting time is cut off. If you are the subject of domestic violence allegations, you need to understand your rights.
Types of Allegations
There are several different types of domestic violence allegations. If one party accuses the other of abuse in a court filing or during testimony, the court will have to consider what proof is available to support these claims. While these allegations will be taken seriously, they are often given less credence than other types of allegations.
When criminal charges have been filed, or an Order of Protection has been issued, judges will usually not allow the accused parent to have any parenting time until either the allegations have been fully dealt with in other court cases or arrangements are made to protect the children.
Many people are under the mistaken impression that prenuptial agreements, or “prenups,” are only for people who enter into a marriage with significant personal assets, or who stand to inherit substantial assets at a later date. While it certainly is the case that wealthy people often use prenuptial agreements to protect assets in the event of a divorce, these types of agreements can also greatly benefit people who may have more modest means. For this reason, it is very important for anyone considering getting married to discuss how a prenuptial agreement may be able to help them with an experienced lawyer.
How can prenups be beneficial? Future spouses will find that a prenuptial agreement can provide a host of different benefits.
Help avoid costly disputes in the event your marriage ends in divorce. Divorce can result in significant disputes regarding the way in which assets will be divided and whether either party will be entitled to maintenance (alimony). In the absence of an agreement, Illinois law controls the division of assets and maintenance, which may result in an arrangement that is not to your liking. In many cases, litigating these issues or even resolving them through alternative dispute resolution techniques can be extremely time-consuming and costly. By agreeing to the way these matters will be resolved via a prenup, both parties can save the expense of a dispute in the event of divorce.
Determining child support payments can be a difficult task—one that is further complicated for unmarried parents. Compared to more “traditional cases”, unmarried parents have many unique considerations to keep in mind when determining visitation rights, paternity, and child support.
Illinois Laws Regarding Child Support
Paying child support is a legal obligation, regardless of marital status. Non-custodial parents are required to continue to make child support payments until the minor child reaches age 18. If the child, upon turning 18, is still a full-time high school student and unmarried, the child support continues till they turn 19.
In Illinois, failure to pay can lead to a number of consequences including jail, community service, wage garnishment, fines, and other penalties. The state typically reserves criminal punishment for parents who willfully do not pay child support for periods longer than six months or have outstanding back payments greater than $10,000.
October was Domestic Violence Awareness Month. In Illinois, state representatives have taken notice by drafting and implementing new survivor-oriented legislation to help make it easier for survivors of domestic violence and abuse to protect themselves, their family, and to hopefully eradicate themselves from a bad situation.
House Bill 1121 was passed in August of 2015 and amends the Rights of Crime Victims and Witnesses Act, with the addition of Marsy’s Law. Marsy’s Law was origni an initiative in California, but has been a part of a nationwide movement to assert greater Constitutional rights of victims in the criminal justice process. In Illinois in May 2015, the Illinois Senate passed Marsy’s law with an unanimous vote.
Marsy’s Law in Illinois
Marsy’s Law in Illinois provides the following rights to victims of crime:
When considering filing for divorce, many people get nervous about when they think about the possibility of having to testify in court. While most divorce cases settle long before trial, testifying as part of the divorce case may be required.
When You May Have to Testify
There are typically three occasions when you may have to testify in a divorce case and they include the following:
Each of these occasions operates slightly differently. However, no matter when you testify, you will be placed under oath.
Your Obligations
As part of any legal proceeding you always have a duty to tell the court the truth. When you are called to testify and placed under oath, you are under some additional obligations—you do have to answer the questions you are asked, no matter how uncomfortable, unless your lawyer objects and the judge sustains the objection or unless you would incriminate yourself if you answered the question.
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