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Recent Blog Posts
What Is a Temporary Relief Order in an Illinois Divorce?
Typically, the more complicated a divorce, the longer it will take to resolve. If you and your spouse disagree on the division of marital property and debt, allocation of parental responsibilities and parenting time, spousal maintenance, or other divorce terms, it is likely that this will increase the amount of time it takes to finalize the divorce. Complex assets such a family business or certain investments may also increase the duration of the divorce. Fortunately, you may be able to receive temporary relief orders from the court that address immediate concerns during the divorce process.
Temporary Court Orders for Financial Issues and Child Custody Concerns
At the conclusion of a divorce, the divorce decree will describe the terms of the divorce. The decree may contain directions for child support, the division of debt and property, spousal maintenance, and/or child custody which the spouses are expected to follow. However, you may not have to wait until the divorce is finished to receive court orders about these issues. A temporary relief order may address which spouse lives in the marital home during the divorce process, spousal maintenance, marital property, child custody, child support, and health insurance.
An Overview of the Illinois Adoption Process
Expanding your family through adoption can be one of the most rewarding choices you ever make. However, it is important to remember that adoption is a complex legal procedure. This is why individuals wishing to adopt are highly encouraged to work with an experienced adoption lawyer. Your lawyer can explain what is expected of you and can help you avoid obstacles that will hinder the adoption process. The type of adoption you are pursuing will determine the specific steps you will need to take in order to add a child into your family, however, there are some aspects of adoption that are the same for all Illinois adoptions.
Eligibility Requirements
In order to adopt a child in the state of Illinois, you must meet certain criteria. Typically, you must be 18 years old or older to adopt. The court may make exceptions to this requirement in some cases. Unless you are planning to adopt a relative, you must also have lived in Illinois for at least six months. The residency requirement is reduced to 90 days for those in the military. If you are pursuing any type of adoption other than a relative adoption, you will also need to pass a criminal background check.
Considerations to Keep in Mind When Leaving Your Spouse for Someone Else
We cannot control when we meet the man or woman of our dreams. Sometimes, a married individual meets someone else and decides to leave his or her spouse for their new partner. If you are planning to divorce your spouse and begin a new relationship with someone else, you may wonder how this situation will influence your divorce proceedings. There are several ways that a new romantic partner can affect your divorce – legally and personally – so obtaining legal guidance from an experienced divorce attorney is highly recommended in this situation.
Dissipation of Assets
Illinois is a no-fault divorce state. This means that there are not fault-based grounds for divorce. Marital infidelity does not automatically influence an individual’s divorce settlement. However, there are ways that your extramarital relationship can significantly impact your divorce. Dissipation of assets occurs when a married person uses funds or property on a purpose not related to the marriage while the marriage is undergoing a “breakdown.” If you spent a substantial amount of money on your new boyfriend or girlfriend at the end of your marriage, your spouse may file a dissipation claim against you and you may be required to reimburse him or her for the funds you spent on your new partner.
Recognizing the Signs of Financial Abuse and Preparing for Divorce
Arguments about finances are common among married couples. However, there are some situations in which money becomes a tool that an abusive spouse uses to control and manipulate the other spouse. Financial abuse is not discussed as frequently as physical abuse, but the consequences of financial abuse can be just severe as physical violence. If you have been a victim of financial abuse and are planning to end your marriage, you should know about the ways that financial abuse can impact your divorce.
When Control Over Money Crosses the Line
Many people like to keep track of their income and expenses, stick to a budget, and have tight control over their finances. However, there are times when control over finances becomes abusive. Financial abuse is typically defined as controlling a person’s ability to obtain, use, or save money or property. It may also involve stealing or withholding funds or property from the rightful owner. Some signs that you may be a victim of financial abuse at the hand of your spouse include:
Do I Need a Lawyer for an Uncontested Divorce in Illinois?
There are two main categories of divorce in Illinois, contested and uncontested. A contested divorce is one in which a couple cannot reach an agreement about the terms of their divorce. Because they cannot reach a settlement about property division, child custody, spousal support, or other issues, the court must make a determination on their behalf. An uncontested divorce is one in which the spouses are able to reach an agreement about the relevant divorce issues without court intervention. Unlike spouses in a contested divorce, spouses in an uncontested divorce do not need legal representation during a divorce trial. However, a lawyer is still a valuable source of legal guidance, support, and assistance during an uncontested divorce.
Helping You Resolve Disputes That Arise During the Divorce
Many divorcing spouses still care about each other. They no longer wish to be married, but they still want the best for their soon-to-be ex-spouse and do not want to cause unnecessary stress or hostility for either party. Unfortunately, things rarely go as planned when it comes to divorce. You may think that you and your spouse have agreed on the terms of the divorce until you run into a disagreement. A divorce lawyer can identify all of the divorce issues that need to be settled upon and help you and your spouse reach an agreement about these issues. If a disagreement about child support, parenting time, the division of marital property and debt, or another issue does arise during the divorce process, your lawyer can help you negotiate possible solutions.
What Is a Mediator’s Role During Family Law Mediation in Illinois?
Divorce can sometimes make individuals much more stubborn and argumentative than they would normally be. If you are considering divorce, you may have concerns about how you and your spouse will reach an agreement about how to divide your property, share custody of your children, or how to handle other divorce issues. Family law mediation is a process during which a divorcing couple meets with a mediator to discuss unresolved divorce issues. If you are thinking about mediation, you may have many questions about what the process entails or how the mediator will actually help.
A Mediator Helps Facilitate Productive Conversation
Mediators receive special training in conflict resolution and family law. They know how to help couples discuss issues without getting caught up in arguments, irrelevant details, or off-topic conversations. The purpose of a mediator is not to tell you how to handle your divorce or to favor one spouse over the other. The mediator will simply guide the conversation, help ensure that both spouses are given the opportunity to speak and facilitate productive negotiations. He or she may point out common ground and help the spouses find solutions that they can both agree to. If the conversation begins to get heated, the mediator may suggest a quick break or change of subject until the spouses cool down and are able to discuss the issues with a clear head. Many couples find that mediation allows them to reach a resolution about the allocation of parental responsibilities, parenting time, division of assets and debts, and other divorce concerns without needing to go to trial.
Tips for Having the “Divorce Talk” with Your Children
If you are a parent who has decided to end your marriage, announcing the divorce to your children may be the most dreaded part of the entire ordeal. You may be worried about how your children will react to the news or afraid that you will not have the answers to their many questions. You may also be concerned that your children will think that the split is somehow their fault. Unfortunately, there is no avoiding this important discussion. On the bright side, a tremendous amount of research has been conducted about how to help children cope with divorce. There are several things experts say you can do to make the divorce announcement go as smoothly as possible.
Include Both Parents in the Conversation
Understandably, you and your spouse may not be on the best terms right now. However, psychologists and other experts suggest telling the children about divorce together, if possible. When one parent announces the divorce in the other parent’s absence it can sometimes make the children feel as if they have to choose sides. Having the conversation as a whole family can help your children feel more secure. Explain that even though you and your spouse will no longer be living together, you will still love and care for the children just the same.
What Should I Do If I Cannot Pay My Court-Ordered Child Support?
Many people are struggling financially during these challenging times. If you are a parent with a child support obligation, you may sometimes have trouble making your payments. However, it is important to never simply stop making child support payments. Not only is child support nonpayment heavily penalized in Illinois, child support is also an important source of income for your child’s other parent. If you cannot afford your current child support obligation, it is possible that you may be eligible for a reduced payment through a child support modification.
Penalties for Child Support Nonpayment in Illinois
If you have been ordered by the court to pay a certain amount in child support every month, these payments are not optional. Child support orders are legally enforceable court orders. If you do not pay, you could face major administrative or even criminal penalties. You may be subject to:
- Wage garnishment
Am I Entitled to a Portion of My Spouse’s Retirement Accounts After Divorce?
If you are considering divorce, you may have considerable concerns about how the split will affect your finances. One issue that many divorcing couples have questions about is how retirement accounts are handled during divorce. Even if retirement is still several years away, it is important to ensure that you will have access to the funds you need when the time comes. Depending on the type of retirement account in question and the length of your marriage, it is possible that retirement funds will play a significant role in the division of marital assets during divorce.
Which Retirement Funds Are Considered Part of the Marital Estate?
Marital property includes assets that were acquired by either spouse during the marriage. Non-marital property includes assets that were acquired before the marriage. Retirement funds that accrued while you and your spouse were married are usually considered marital property while funds accumulated before the marriage are non-marital property. Therefore, it is possible that a portion of the retirement funds will be considered subject to division during divorce while another portion of the accounts are not subject to division. Accurately valuing and dividing pensions, IRAs, and 401(k)s, during divorce can be a complex task – especially if the retirement funds include stocks or other assets that may fluctuate in value. The tax consequences of retirement fund distribution is also a major factor to consider when deciding how to handle retirement accounts.
Tips for Divorcing Parents with a Disabled Child
When you are a parent, getting a divorce does not only affect you and your spouse, it can also have a dramatic impact on your child. If your child has an intellectual or physical disability, you may wonder how you can minimize your child’s stress during this difficult transition. You may have concerns about the emotional effects the divorce will have on your child as well as the logistical and financial issues you will need to address. Although there is no perfect way to handle divorce as a parent of a child with disabilities, there are several steps you can take that may lessen the strain experienced by the whole family.
Minimize the Contentiousness Between You and Your Spouse
Numerous studies have shown that children are very sensitive to parental tension and hostility. One of the best things you can do for your child is to make your divorce as cooperative and respectful as possible. Many parents find that family law mediation allows them to resolve divorce issues such as property division and parental responsibilities without going through a stressful and contentious court trial. During mediation, you and your spouse will meet with a skilled mediator who helps keep discussions focused on solutions rather than accusations, blame, or irrelevant subjects.
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