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Modifying Parental Responsibilities in Illinois
In 2016, Illinois changed how courts handle child custody matters. Child custody now involves two components. The allocation of parental responsibilities refers to the allocation of child-related decision-making authority. Parenting time, which used to be called visitation, is the time each parent cares for the child.
In order to promote stability in a child’s life, the court only allows parents to modify their child custody order under certain circumstances.
Modifying a Child Custody Order in the First Two Years
The rules about child custody modifications depend on when the order was established or last modified. It is generally believed that maximizing consistency is in the child’s best interests after a divorce. Consequently, the courts want to prevent the parents from making unnecessary changes to the child custody order. If it has been less than two years since the child custody order was first established or last modified, there is a higher burden of proof needed to change the order. If you want to modify parental responsibilities within two years, you usually must submit an affidavit to the court affirming that the current allocation of parental responsibilities is endangering the child’s physical, mental, psychological, or moral health.
Gifts and Asset Transfers During Divorce in Illinois
When a couple gets married, their financial lives become intertwined. Untangling the spouses’ finances is a major aspect of the divorce process. Marital property, which is jointly owned by both spouses, must be distinguished from non-marital property, which is owned by only one spouse. Any assets and debts included in the marital estate will need to be valued and divided between the spouses. Divorcing spouses can negotiate their own property division agreement, or, if no agreement can be reached, the court will determine how to divide property.
Because assets must be divided equitably, transferring assets or giving gifts to others during divorce can be problematic. In some cases, transferring assets, even though a seemingly harmless gift, can lead to accusations of dissipation.
Dissipation of Assets
Illinois law defines dissipation of assets as the use of marital property for reasons that are unrelated to the marriage, only benefit one spouse, and during a time when the marriage is breaking down. Some classic examples of dissipation of assets include:
Do I Have to Take a Parenting Education Course for My Illinois Custody Case?
There is no denying that divorce is hard. Even the friendliest of divorces can have moments of tension and acrimony between the couple, never mind situations where the relationship is downright contentious. As difficult as it may be for a husband and wife who are ending their marriage, the impact of divorce on their children can be significant. The more difficult it is for a child to adjust to this major change in their lives, the more of a struggle they can have in other areas of their life, including school, with friends, and extracurricular activities.
This is why it is critical for divorced parents to put aside their differences and make a genuine effort to co-parent cohesively. It is also why Illinois requires all divorcing parents to participate in a certified parenting education program.
Parenting Education Programs
In Illinois, parents who are involved in any type of child custody case (referred to as the allocation of parental responsibilities and parenting time under Illinois law) are required to take a parenting education course, unless they can show a good reason not to. The purpose of these programs is to educate parents on communication skills and working together to co-parent post-divorce. Both parents are required to take the course – although they are not allowed to take the course together or with the child.
How Are Pension Accounts Divided in an Illinois Divorce?
For many married couples, planning for the future includes saving money for retirement. This can include 401(k) accounts and pension plans. And just like other assets, should a couple of divorce, any retirement funds they have are often deemed part of the marital estate that must be divided equitably between the two. Unlike other assets, however, dividing pension accounts can be more complex.
Determining Pension Value
There are two things that need to be considered when determining the value of a pension in order to determine how it should be divided in the divorce. The first issue the court must decide is whether or not the pension is, in fact, marital property. In most situations, the value of the pension that was accrued during the marriage is considered marital property, while the value of any portion of the pension that was accrued prior to the marriage is considered separate property. There are situations where the judge may determine that all the pension funds have been commingled and are therefore all part of the marital estate.
Do You Really Want the Family Home in Your Illinois Divorce?
One of the most common issues in divorce cases is the family home. For many couples, their home is often the largest asset of their marital estate and becomes a central focus in asset and property division. Along with the financial aspect of the family home, there are also emotional attachments that may exist that can make it harder to give up. Although a spouse may want to keep the family home as part of their share of the marital estate, there are several factors that should be considered when weighing the options.
Financial Factor
One of the main factors to consider when it comes to keeping the family home is the expense. Illinois uses the equitable distribution method for dividing assets in a divorce. This means that if one spouse is awarded the family home, they will either have to buy the other spouse out of the home or give up their share of other assets that have an equitable value as the home. Either way, the spouse who decides to keep the home is usually left with less cash on hand than the other spouse.
Legal Options for Parenting Time Interference in Illinois
When parents decide to divorce, part of that divorce process involves establishing allocation of parental responsibilities and parenting time. Even if parents were never legally married, they should still petition the court to legally establish custody if they decide to end their relationship.
Unfortunately, once the court has made its final custody determination, there are parents who will not be happy with the outcome. They may feel the child should be with them for longer periods of time than the court established and even take steps to interfere with the other parent’s parenting time.
There are also parents who will attempt to interfere with the other parent’s parenting time because of some other issue. They may be angry over the breakup or because the other parent has started to date again. Some parents will also interfere with parenting time if the other parent is not meeting their court-ordered child support obligations.
What Is Bird’s Nest Custody, and Would It Work for My Situation?
The issues that need to be decided between a divorcing couple can be difficult. One of the most difficult is deciding how custody of children will be shared. In Illinois, child custody is divided between the allocation of parental responsibilities and parenting time. Parents must agree – or the court will decide for them – which parent will be responsible for major decisions in a child's life, including their education, medical treatments, and religion, as well as how parents will divide the children’s time between them.
One of the most difficult parts of parenting time scheduling is the emotional burden, as well as the physical burden, it puts on children. They go from one parent’s house to the other, with a bedroom, different clothes, and toys in each home, and it can be exhausting for them. This is why many parents are turning to “bird’s nest” custody where the children live in the same home all the time, and it is the parents who take turns living there.
Separate, Marital, and Commingled Property in an Illinois Divorce
When a married couple decides to end their marriage, one of the decisions that will have to be made is how their assets and property will be divided. Illinois is an equitable division state, which means that all the couple’s assets will be distributed equitably and fairly, which may not necessarily mean equal. In order to successfully and fairly negotiate a divorce settlement, it is important to understand the different types of assets and property you and your spouse may have.
Separate Property
Separate property is that which one spouse owns as an individual. In an Illinois divorce, the courts do not include separate property in any assets or property that needs to be divided as long as those assets or property remain separate during the marriage. Generally, separate property can include:
- Any assets or property the spouse had prior to the marriage
- Any income or profits that the spouse gains from separate property – i.e., rent
Why Choose a Mediator Who Is an Attorney for My Illinois Divorce?
A mediator does not have to be a lawyer. In the state of Illinois, a mediator is not legally required to have any type of license or certification. But do you want to trust your divorce to someone who is not familiar with the law or the legal process?
Family law attorneys make great mediators because they understand what can unfold in court and they are knowledgeable about the law. Electing to end your marriage is not an easy decision but an experienced divorce mediation attorney can help you focus on conflict resolution and craft an effective mediation agreement.
Benefits of an Attorney-Mediator
The stakes can be high in a divorce. You may be fighting for custody of your children, pets, spousal support, or property division. But rather than face expensive litigation, mediation is a process in which couples meet with an impartial third party to discuss their differences without going to court. For this process to work, there must be good faith and cooperation.
I Think My Spouse Is Hiding Assets in Our Divorce. What Should I Do?
In Illinois and across the nation, a divorce can have significant financial ramifications for all parties involved, depending on how both parties’ assets are divided. To gain the economic upper hand over their spouse, individuals may attempt to hide portions of their assets to keep money and other resources from being allocated to their partner during the divorce proceedings. If you believe your spouse may be hiding assets, consider hiring a knowledgeable divorce attorney with experience uncovering hidden assets.
How Can Assets Be Hidden?
In the state of Illinois, the law states that marital assets are eligible to be fairly distributed in divorce proceedings. However, this is only if the assets have not already been addressed by a valid prenuptial or postnuptial agreement. To secure a more significant percentage of the estate, a spouse may try to hide certain resources or revenue streams. The hiding of assets can take place before or during the divorce proceedings.
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