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Will My Illinois Divorce Go to Trial?
A common misconception about divorce in Illinois is that every divorce case will end up in a trial. In reality, most divorce cases can be settled without a trial, and this is typically the most desirable outcome, as divorce trials can be expensive and drawn out. An experienced Illinois divorce attorney can help you navigate your case and pursue a favorable outcome without a trial.
Understanding the Illinois Divorce Process
In Illinois, the divorce process is governed by the Illinois Marriage and Dissolution of Marriage Act. This law outlines how spouses should act, the details of filing for divorce, and other factors about dividing properties or assets during a divorce and deciding on parenting and child custody plans.
Must I Pay My Ex’s Debt in a Divorce in Illinois?
During a divorce, property, and asset division is one of the most complex issues that spouses will need to figure out. Often overlooked is the presence of debt between a couple, and this debt will also need to be divided and allocated as spouses separate. In many cases, you may wonder if you will be left on the hook for your ex’s debt after divorce, though whether or not this occurs depends on the type of debt your former spouse owes and the additional division of assets.
An experienced Illinois divorce lawyer can help you understand how your debt might be divided and advocate for the most beneficial outcome during your divorce.
Understanding Marital and Non-Marital Debt
As you start the divorce process and divide your assets, it is important to know the difference between marital and non-marital debt. In general, you may potentially be required to pay some of the debt that your ex acquired during your marriage, which counts as marital debt. In contrast, non-marital debt, or debt that was acquired by your ex before or after your marriage, will usually not be factored into your divorce.
Can I Modify a Child Support Order in Illinois?
Child support and child custody are often the most contentious issues during an Illinois divorce, and once the dust on your divorce has settled, you may be wondering if it is possible to modify your Illinois child support order at any point. When there is a significant change in circumstances for the parent paying child support, modifications may be possible, though you will likely need the assistance of a knowledgeable Illinois child support attorney to navigate this process.
Common Modification Circumstances in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act, modifications are allowed in child support orders when there is a ‘substantial change of circumstances.’ However, the law does not define exactly what counts as a significant change in circumstances. Examples of situations that may lead to the need for child support modification include:
Can I Adopt a Child Related to Me in Illinois?
Adoption can be a lengthy process, even in the case of something more straightforward, like a related child adoption. If you have a loving relationship with the child you wish to adopt, you may be eligible to file a Petition for Adoption and legally add him or her to your family. An experienced Illinois adoption lawyer can help you further navigate and complete this process.
Who Is Eligible to Adopt a Related Child in Illinois?
Under the Illinois Adoption Act, a related child is a child that is related to either, or both, potential adoptive parents through a relationship such as blood, marriage, civil union, or adoption. Individuals who may be eligible to adopt a related child include the following:
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A parent or step-parent
Do I Need to Pay For My Child’s College After Illinois Divorce?
In Illinois, parents are required to support college expenses as part of child support. Many parents are often troubled to learn this as they proceed through a divorce, as college can be a big expense. A skilled Illinois child support and divorce attorney can help you navigate this process and Illinois laws to ensure you are informed about your expected contributions.
Understanding Illinois College Expense Laws
The Illinois Marriage and Dissolution of Marriage Act handles how college expenses are divided among unmarried or divorced parents. Under this act, parents are required to contribute to college expenses for their non-minor children, meaning over 18 years of age, until a certain point.
How Do I Make an Illinois Divorce Easier for My Child?
Divorce is stressful for the people involved, and any shared children may also be affected by the high emotions of your divorce. Ensuring your divorce moves smoothly can help make a divorce easy on your child, though you may also need to take the time to support your child to help them cope with the changes that your divorce brings. A knowledgeable Illinois divorce lawyer can help guide you through this process and advocate for you and your child’s rights during a divorce.
Create a Parenting Plan in Illinois that Works for Everybody
One of the most important things to do during your divorce if you have shared children is to create a parenting plan. The Illinois Marriage and Dissolution of Marriage Act outlines four different categories of responsibility that you and your co-parent will have to decide upon for your child. These categories include:
Can an Illinois Court Order a Paternity Test?
Establishing paternity for a shared child can be a complicated process, and it may bring up many emotions between the mother and the potential father of the child. There are many reasons why an individual may want to verify paternity, and Illinois courts sometimes need to step in and order paternity tests. If you are questioning the paternity of your child or need help verifying the paternity of a shared child, you can benefit from the guidance of an experienced Illinois paternity lawyer.
Reasons to Establish Paternity
It may be necessary for anyone with a shared child to establish paternity as part of divorce proceedings, to establish rights when it comes to child support or custody, and to verify who is responsible for a child. A potential father and their child can benefit from the rights and protections given when parentage is established.
When Should I Consider Divorce Mediation?
During a divorce, many couples find themselves with strong emotions and unable to reach agreements about important decisions. It can be difficult to navigate this process when one or both parties are constantly arguing and there does not seem to be a way to meet in the middle. This is where a divorce mediator comes in. A mediator is a neutral third party to help couples figure out important decisions. An Illinois divorce attorney who works as a mediator is just the person to help guide your divorce.
What Is a Divorce Mediator?
A divorce mediator is someone who, under the guidelines of the Illinois Uniform Mediation Act, is able to act as a third neutral party and help couples resolve their issues or arguments as they navigate a divorce. A mediator is there to diffuse any extreme arguments and direct the couple toward resolving their disagreements with civility and fairness.
Do Civil Unions Offer Any Benefits in Illinois?
Illinois was the first state to recognize civil unions, and while civil unions have primarily been thought of as a way for same-sex couples to be legally protected, they are actually an option for any couple. Since the legalization of same-sex marriage in Illinois, civil unions are somewhat less popular, but they do offer some state-level benefits. However, civil unions can also be complex to dissolve, much like a marriage.
An experienced Illinois civil union attorney can help you understand civil unions in more detail.
Civil Unions Versus Marriage
The Illinois Religious Freedom Protection and Civil Union Act gives details about civil unions, including details about what is protected at a state level by a civil union. It is important to note that a civil union is not the same as marriage, as civil unions only protect the legal rights of couples in the state of Illinois.
Will I Have to Support My Spouse After an Illinois Divorce?
Spousal support, also referred to as alimony, is a type of payment made to one spouse by the other after a divorce. There are a number of situations where spousal support may be necessary, and it is important to figure out if this will be a factor in your divorce. A seasoned Illinois divorce attorney can help you explore your options when it comes to determining spousal support payments in your divorce.
When Is Spousal Support Awarded?
Details regarding maintenance for spouses in a divorce are outlined by the Illinois Marriage and Dissolution of Marriage Act. Under this act, there are a few different situations where spousal support may be necessary for one party after a divorce is finalized.
Common situations where spousal support may be needed include:
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