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Six Issues Family Counseling Can Help With During Your Illinois Divorce
Making the decision to end a marriage, especially when there are children involved, is a serious choice. Because there are so many changes, and these changes can be so stressful for everyone involved, many Illinois couples choose to get the help of a family therapist as they move through the divorce process. Family therapists can work with everybody, including the children, to process the divorce and the changes it brings. Having a neutral therapist can help with many different issues and most families who use family therapy feel as though they benefit tremendously. In this blog post, we will look at how family counseling can help a family dealing with divorce.
What Are the Benefits of Family Therapy in an Illinois Divorce?
Children often have a very difficult time dealing with divorce. They are often too young to understand why their parents are separating, and, if they are old enough to understand, they are usually still conflicted and angry about the loss. A family counselor can help children process their feelings about the divorce, and can also help parents communicate more clearly so the children are not caught in the crosshairs of parental conflict.
Five Tips for Couples Who Want an Amicable Illinois Divorce
Divorce perhaps carries an unfair share of negative connotations; while many Illinois divorces are painful, hostile, and expensive, divorce also frees people to take a path that better suits their needs. Modern divorcing couples are encouraged to work things out together and avoid the harsher methods of the past, using mediation instead of litigation whenever possible. For couples who want to get divorced amicably, here are some tips to help.
Try to Be Emotionally Objective
Usually by the time a couple decides to get divorced, years of pent-up hurt and frustrations can make reasonable negotiation difficult. But if you can manage to take care of your emotional wounds outside of the divorce process, a commitment to objectivity can help you pursue a reasonable compromise that suits you both. This is especially important if you have children, because while it may feel good in the moment to get the better of your spouse, you will likely have to deal with them for many years to come.
Help! We Got Married and It Is Terrible. Can We Get an Annulment?
Annulments are often used in an unserious light as the fodder of many alcohol-fueled Las Vegas wedding jokes. Yet the reasons for getting an annulment are important and necessary for many couples who find that their marital arrangement is not what it seemed to be.
To begin with, it is important to note that there is technically no such thing as “annulment” in Illinois. Rather, couples seeking to annul their marriage for specific reasons can ask an Illinois judge to declare the marriage invalid. For some couples, this is an appropriate and available step. For other couples, however, a declaration of invalidity is not an option and a divorce is necessary - even for very brief marriages. To learn more about when a declaration of invalidity of marriage is an option, read on.
When is a Declaration of Invalidity of Marriage an Option?
A marriage can only be declared invalid when it was entered into under false pretenses. Spouses who get married and then quickly find out they are not compatible are usually not eligible for a declaration of invalidity and must instead get a divorce. Invalidity of marriage may be declared only for the following four reasons:
Managing Your Child’s Education in Illinois Child Support and Parenting Plans
Education is a crucial part of a young child’s life and an education that is well-managed early on can benefit a child for the rest of their lives. Although divorce can be disruptive in many areas of a child’s life, it does not have to interfere with a quality education. An important part of getting divorced is creating well-planned child support and parenting agreements. Doing so allows parents a great opportunity to make plans for managing a child’s education and to provide a smooth transition into separate households.
Consider Child Support Deviations
Illinois uses standard formulas when determining child support payments, but a child’s unique academic circumstances can allow for deviation from the norm. Child support typically includes school expenses, like books, supplies, and uniforms, as well as field trips or special events. However, if a child needs more support - like tutoring, one-on-one classroom accommodations, or test prep courses - these can raise monthly child support payments. Parents may also decide to send a child to private school, meaning the cost of a child’s education could be substantially higher, but this must be agreed upon in the divorce decree.
What Do I Need to Know if I Am Leaving My Spouse for a New Partner?
Choosing a spouse is one of the most important decisions we ever make. Unfortunately, however, many people get married when they are young or do not yet understand their values and priorities and end up choosing a life partner they later regret. Sometimes, people realize this only after meeting someone who is aligned with their vision of the future.
If you are planning to get divorced so you can be with someone who is a better fit for you, you are not alone - but there are some important things to consider as you navigate the divorce process. Having an experienced, compassionate Illinois attorney who understands your situation can help ease the transition and help you make smart choices.
Risks of Asset Dissipation Claims
Although Illinois is a no-fault divorce state, meaning couples do not formally give a reason for divorce beyond “irreconcilable differences,” certain behaviors before and during divorce can influence the overall outcome. One important area where this may matter is the division of marital assets. For example, if a husband spends a lot of money on a new partner while the marriage is irretrievably breaking down, the wife may be able to successfully file a claim of dissipation. When the marital estate is divided, that money that was spent on the new partner can be awarded to the wife, diminishing the overall share of the marital estate that the husband receives.
What if I Have to Testify in a Divorce Deposition in Illinois?
Most people getting divorced in Illinois agree on factual matters: How much assets are worth, how much money each spouse makes, how much they have saved for retirement. Although there may be conflict around how to divide assets and allocate parental responsibilities, few spouses disagree about the facts.
However, some spouses do disagree about important facts, especially if one spouse is suspected of being dishonest about finances. When this happens, a judge must hear the arguments from spouses, their attorneys, and even third parties, and then determine what is true. Although spouses can use documents such as employment contracts and bank statements to support their position, divorce attorneys still need to obtain testimony to authenticate or rebut such documents. To avoid having their clients give testimony for the first time in court, attorneys can gather testimony under oath using something called a “deposition.”
How Is Child Support Calculated for High-Income Parents?
Although most parents have their child’s best interest at heart, child support can nevertheless be a source of great contention during divorce. For most divorcing parents in Illinois, child support is calculated using a predetermined formula that uses both parents’ incomes to determine payment amounts, giving parents some measure of predictability.
But for high-income parents whose earnings deviate from the standard formulas for calculating child support, the child support process can be somewhat unpredictable because judges have substantial leeway in setting payment amounts. If you are a wealthy, high-income, or high-net-worth parent in Illinois and expect to be paying child support in the future, understanding how Illinois family law courts tend to treat high-income child support cases may make the process more straightforward.
Do Wealthy Spouses Pay More Spousal Support?
Nobody gets married in Illinois anticipating an eventual divorce, but the unfortunate reality is that couples must sometimes end unhealthy or unhappy relationships. Divorce requires many complex issues to be resolved, and one of the most difficult among these is the issue of spousal maintenance (also known as spousal support or alimony). When a spouse or a couple has a high net worth, spousal support means a lot of money could be at stake for both parties. Understanding how spousal support works in Illinois is essential for ensuring your divorce is handled fairly.
Why Is Spousal Support Necessary?
Regardless of which spouse makes more money, married couples share their standard of living. Divorce can cause serious financial hardships for a spouse who earns less than their partner or who has left the workforce to be a homemaker; Illinois law provides spousal support in certain circumstances to mitigate the financial difficulty of divorce. Spousal support is intended to help a previously dependent spouse get back on their feet and become self-sufficient.
What Should Be Included in a Prenuptial Agreement?
Couples in Illinois who are planning a wedding often want to preserve their personal financial interests and protect each other from hostile negotiations in the event of a divorce. The best way to do this is through the use of a prenuptial agreement drafted by an experienced Illinois prenuptial agreement attorney. In our last article, we looked at the factors that could cause a prenup to be invalid. In this article, we will take a closer look at what couples might consider including in their prenup.
What Should We Put in Our Prenup?
Although every prenup will be a little different because each couple has different circumstances and preferences, there are certain things that many couples will find useful. The issues that couples can address in their prenup include, but are by no means limited to:
- Personal Property and Debt from Before the Marriage - This is one of the most common issues couples seek to address in their prenuptial agreement. What will happen to property that was owned individually by one partner before the marriage? For example, if one partner owns a car, will the other partner be allowed to use it without running into joint ownership issues? If one partner has substantial student loan debt, will the other partner help them pay it off? Answering these questions before the marriage takes place can save couples from disagreement and confusion later on.
High Net Worth Individuals Face Unique Challenges During Divorce
Couples in Illinois who have assets or incomes that could categorize them as being “high net worth” are often seen by outsiders as being uniquely privileged or immune from the struggles of life. Unfortunately, this is not the case, and - at least when it comes to divorce - having a high net worth can present individuals with particularly challenging problems.
Dividing marital property in the form of complex financial instruments, determining unusual amounts of spousal maintenance and child support, and handling the tax implications of divorce are just a few of the problems that must be solved. Even if you do not consider yourself wealthy, if you own assets worth a million dollars are more, it may be helpful to consult with a qualified Illinois divorce attorney with experience in high net worth divorces.
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