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Common Divorce Questions
Regardless of the reason for your impending divorce, the challenges set before you as you wade through the ordeal can seem daunting, especially when you are unfamiliar with the steps required to initiate the process. Even the most civil agreement between two partners to end their marriage can prompt a lot of stress due to the overload of incoming information.
You have decided to divorce. So, what is next? What do you need to know? Are you taking the most reasonable course of action? Who can help guide you along the way? Here are three things every divorcing spouse should know:
Legal Separation Is Not for Everyone
Some partners choose to file for legal separation in order to officially live apart but hold on to certain benefits, such as health insurance policies and various financial arrangements. Living apart and filing for legal separation can protect the best interest of both parties while giving them time and space to live apart to examine whether or not divorce is the best option. For some, this is a way to test the separation waters before officially calling it quits; for others, it is merely a transitional stepping stone on the way to a sure-fire divorce. No matter which camp you fall in, one thing to know is that legal separation is just that: a separation. It is not an actual divorce, and it is only a temporary solution.
Why Does Paternity Matter?
You may have heard the term parentage used to discuss laws that concern parenting in the world of family law. Parentage laws are also known as paternity laws, and they have continued to evolve in the state of Illinois in order to more accurately reflect and meet the needs of diverse families.
Although the laws change, their purpose and the concept behind them remains the same: Paternity laws exist to govern and protect parents and their rights, as well as the rights of the children and family as a whole. Some issues that Illinois parentage laws touch on include the following:
- College expenses in child support;
- Civil unions and gender neutrality;
- Same-sex adoptions; and
- DNA testing and its potential effect on the child.
Paternity Protects the Child and Parent
Three Qualities That Define a Good Mediator
Divorcing couples often hear a number of things about mediation as they enter the divorce process. Success stories and horror stories abound. More often than not, though, the success stories far outweigh the disappointing accounts given by co-workers, families, and friends. This is ultimately due to the overwhelming resolution rates that we see among Illinois State divorce cases. The Department of Human Rights reports that their Mediation Unit’s resolution rates are 80 percent for all conferences held. That tells us mediation works, and it can for you, too.
What Makes a Good Mediator?
Resolution rates are not magic, however. They do not exist by chance or luck; they are a direct result of working with a professional, efficient, trained mediator who is well skilled and equipped to produce good results. Here are three qualities that define a good mediator:
Kane County Cracks Down on the State for Child Support Funds
When it comes to seeking and securing child support for divorcing families, there is a lot Illinois can do to ensure parents receive the financial assistance they need. The Department of Healthcare and Family Services can implement an Income Withholding Notice to require the non-custodial parent to pay funds consistently and in a timely manner, as well as locate the non-custodial parent and confirm paternity, if necessary. If child support payments fall behind or if the non-custodial parent fails to pay, the DHFS may even exercise its right to suspend the delinquent parent’s driver’s license, revoke their professional license(s), or place a lien on their personal property.
McMahon Cracks Down
Despite these efforts to obtain child support funds, there are still voids that need to be filled. Many single parents must rely on state funding and local social service providers to fill the gaps. Sadly, it’s been some time since there’s been a state budget to fund these collection efforts. Kane County State’s Attorney Joe McMahon is doing everything in his power to turn this around and fight for the funds that Kane County parents so desperately need. His goal is to earn as many dollars as possible to reduce single parents’ reliance on state assistance programs.
Requirements for Legal Separation in Illinois
Although partners may always choose to live apart without legally separating, the formal arrangement of legal separation has its advantages for spouses looking to protect their best interests when a divorce is imminent. Not only does official legal separation help define lifestyle and financial boundaries for a separating couple, it also gives the couple space to spend some time apart and consider whether or not divorce is the best solution.
If you or your spouse are not yet committed to filing for divorce, legal separation is a temporary, alternative avenue that allows you to explore your options and set the parameters for your split. To file for legal separation in Illinois, you will need to keep the following requirements in mind:
- You and your spouse must be separated and already living apart when the court action is initiated;
More Child Support Answers
Navigating the world of divorce can be tricky, especially when you are attempting to understand your rights and working to ensure the children you share with your spouse are properly provided for after the separation. You have many tasks to sort out, including the allocation of parental responsibilities (child custody) and parenting time (visitation).
While these factors are crucial to setting up the guidelines and boundaries for your family’s new lifestyle post-divorce, filing for child support is one of the most important processes you will encounter as you wade through the transition. Filing for child support allows you to secure and maintain consistent, dependable funds for your family’s care.
Here are some common concerns you might have as the custodial or non-custodial parent:
1. Where Does the Money Come from?
The Child Custody Process: What to Expect and How to Make the Arrangements Work for You
As of the of January 1, 2016, Illinois law refers to child custody as the allocation of parental responsibilities. The concept behind the term child custody still remains the same, however. Divorcing parents work together with the court and an attorney to create new lifestyle arrangements for their children and determine who is responsible for making what decisions for them. The agreements include everything from where the child will live, who they will live with, and how the child’s education, extracurricular activities, and religious practices will be managed.
Asking for Parental Responsibilities
The filing process for allocation of parental responsibilities will vary from county to county, but throughout Illinois you can expect to go through the following steps:
Common Child Support Questions
Filing for child support can feel like just another task to pile on top of the already overwhelming divorce process. As a newly single parent, you face the challenges of caring for your children in the midst of the separation, and understandably, you want to make sure they continue to be provided for despite the changing circumstances.
Here are some common questions you might have as you begin to file for child support in Illinois:
How Can I Locate the Non-Custodial Parent?
For some divorcing parents, circumstances might arise that prevent you from knowing the whereabouts of the other parent. This can mean a lot of unease when it comes to seeking child support, but thankfully, locating the non-custodial parent is one of the services the state can offer you. They can also help confirm paternity, as well.
Beginning the Divorce Process in Illinois
Whether your decision to end your marriage has been a mutual one or a tough conclusion you’ve had to make all on your own, divorce is never easy. Even amicable separations can bring about a lot of headache when it comes time to take legal action. Both partners must come to an agreement on how assets should be divided, who will take ownership and responsibility for what, and if children are involved, parenting time (visitation) and child support must be arranged and agreed upon.
If you live in Illinois and have recently come to the conclusion that it is indeed time for you and your partner to file for divorce, here are some basics to help you get started.
The Statutes
As you begin to seek representation and commence the divorce process, it can be helpful to familiarize yourself with the state’s divorce statutes. These written laws explain the guidelines for dissolution of marriage and how they are defined. For example, Part IV of The Illinois Marriage and Dissolution of Marriage Act covers everything from Irreconcilable Differences to Legal Separation. While the legal jargon can be hard to digest and is best read through with an experienced attorney, the statutes clearly and specifically lay out what you need to know. You can find these laws via the Illinois General Assembly government website (www.ilga.gov).
Ways to Increase Parenting Time
When you lose an allocation of parental responsibilities case, it can feel like you will only rarely see your child. However, there are many things you can do to increase your time with your child. It often starts with maintaining a positive relationship with the other parent. Even if the court has decided it is not in the child’s best interest for you to be the primary caretaker, that does not mean you do not have a vital role to play in your child’s life.
Right of First Refusal
Under Illinois law, when the child lives primarily with one parent, the other parent can ask the court for the “right of first refusal” when childcare is needed. This means that before the child is put in daycare, the other parent should be given the chance to be with their child instead.
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