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What Impact Does Domestic Violence Have on Divorce?
A new report from the Illinois Coalition Against Domestic Violence states that deaths from domestic violence in the state rose by 110 percent in 2023. This included 94 incidents of domestic violence that led to 120 deaths. In 2022, there were 57 deaths from domestic violence in the state of Illinois.
The majority of these deaths were caused by firearms, triggering the push for the passage of a bill called Karina’s Bill. This Bill would allow police officers to remove firearms when serving an order of protection on an accused abuser. Domestic violence has grown more pervasive in Illinois and across the nation.
As the victim of domestic violence, every aspect of your life and the lives of your children can be impacted, perhaps even more so when you file for divorce. Perhaps your spouse has a long history of domestic violence, and you are afraid he will hurt you or your children when you tell him you want a divorce.
What Are the Rights and Responsibilities of Unmarried Parents Under Illinois Law?
Illinois allocation of parental responsibilities hinges on the best interests of the child standard. The judge will always make decisions based on the best interests of the child, regardless of what the parents want. Parents who want a specific outcome in a hearing regarding parental responsibilities, parenting time, child support, or any other issue must show the judge that what he or she wants is in the best interests of the child.
Unmarried parents, like married parents, have certain obligations owed to their children, regardless of their marital status. There are specific laws in Illinois that govern parental responsibilities laws for unmarried parents. If you have questions regarding the determination of parental responsibilities, child, support, parenting time, parenting plans, or any other issues, it can be helpful to speak to an experienced Rolling Meadows, IL parental responsibilities lawyer from the Law Offices of Donald J. Cosley.
How Could Separate Assets Become Marital Assets?
During a divorce, one spouse may be unpleasantly surprised to find that assets he or she believed to be separate have become marital assets, subject to the equitable division of assets rule in Illinois. Without a prenuptial or postnuptial agreement in place, it is easier than you might think for a separate asset to become a marital asset.
Nine community property states remain in the U.S., with the remainder being equitable division states, including Illinois. Under equitable division rules, the marital assets will be divided fairly, although not necessarily equally. If you are concerned that assets you believed to be separate may have changed to marital assets, it could be beneficial to speak to an Arlington Heights, IL asset division lawyer from the Law Offices of Donald J. Cosley.
How are Separate and Marital Assets and Property Defined?
If you or your spouse owned an asset or property prior to your marriage, barring certain circumstances, it remains yours solely in the event of divorce. The same goes for gifts or inheritances given to one spouse either before or during the marriage and compensation for a personal injury received by one spouse (except for lost wages and medical bills). In theory, separate property remains the exclusive property of the individual spouse during divorce if the designation has not been inadvertently changed during the marriage. Marital assets include all assets and property acquired by either spouse or both spouses during the marriage.
Can Credit Card Debt Affect Your Illinois Divorce?
Significant credit card debt can be a factor in the decision to divorce and can also cause problems during the divorce. A concerning trend of "financial infidelity" has been shown to influence the breakdown of marriages. A full 70 percent of respondents to a recent poll cited credit card debt as a reason for their divorce. Many of these respondents said they or their spouses had concealed debt and that this played a major role in the divorce. Perhaps equally alarming, almost 40 percent of those who ended their marriage due to marital debt saw their credit scores nosedive by more than 50 points following the divorce.
Since many divorcees found themselves solely responsible for debts that had previously been shared, financial challenges only escalated after the divorce. Illinois is an equitable division state in terms of the division of assets. This means marital assets and debts are divided fairly, although not necessarily equally. An experienced Rolling Meadows, IL asset and debt division lawyer from Law Offices of Donald J. Cosley can help ensure the division of your assets and debts is equitable.
What if My Spouse Lies to Get an Order of Protection? | IL
An Illinois protective order is issued by the Court, requiring the person that caused harm to another to stay away from the person he or she committed domestic violence against, stalked, sexually abused, or sexually assaulted. The person who obtains an order of protection must prove that "more likely than not," the offender committed domestic abuse against him or her.
Unfortunately, a protective order may be used during a divorce or allocation of parental responsibility case as a way to obtain leverage over the other party. One parent may claim the other is a domestic abuser as a means of being designated as the primary residential parent. Do you have any rights if you did not do what your spouse is accusing you of? Can you still see your children? Will you get the opportunity to tell your side of the story?
These and other important questions related to an order of protection can be answered by a Rolling Meadows, IL order of protection attorney from Law Offices of Donald J. Cosley. Family law matters are usually very sensitive, requiring dedicated, responsible legal representation. It is important that you have all your questions answered and receive a thorough explanation of how your particular family law issue will progress.
Could I Be Ordered to Pay Non-Minor Support in Illinois?
Many Illinois parents currently paying child support wonder whether they must pay for a child's college education or continue paying child support after the child turns 18. In Illinois, this is known as non-minor support and can be court-ordered under certain circumstances.
Generally, child support ends when the child turns 18 and leaves high school, gets married, joins the military, or becomes emancipated. Sometimes, a parent's child support obligation can continue under non-minor support. A court will determine whether non-minor support is appropriate after hearing the issue and the arguments against the support by the paying parent.
Having a Rolling Meadows, IL child support lawyer working on your behalf ensures the best possible outcome. When you have an advocate who understands Illinois child support laws and has extensive experience with virtually every family law situation imaginable, you can be secure in the knowledge that your interests will be protected.
Can I Be Denied Custody Rights If I Am Gay or Lesbian?
Across the nation, there are now millions of lesbian and gay parents who share custody of their children with an ex. Since many of these individuals became parents in the context of a prior heterosexual relationship or marriage, the other parent in a child custody dispute involving a lesbian or gay parent is likely to be heterosexual. While most states do not permit courts to discriminate based on sexual orientation, it can remain daunting to overcome stereotypes during a custody dispute.
Yet despite enormous progress over the past 40 years, lesbian and gay parents may still face subtle discrimination when custody and visitation are being determined. If you are facing an issue regarding child custody and your sexual orientation, you need a strong Arlington Heights, IL child custody lawyer who will show why it is in your child’s best interests for you to have primary custody.
How Does Minor Emancipation Affect Child Support?
Divorce and life after divorce can be difficult for all those involved. Children of divorce may react in many different ways. A child may be so distressed by the divorce that he or she files for emancipation prior to the age of 18. There may be other reasons for emancipation, but in any case, both the parent paying child support and the parent receiving child support may wonder whether the payments continue following emancipation.
The answer to this child support question is highly case-specific. Should you find yourself in a similar situation, you could benefit from speaking to a skilled Rolling Meadows, IL child support attorney from Law Offices of Donald J. Cosley who has experience with minor emancipation. Attorney Don Cosley personally handles all aspects of his cases; when you call his office, you will speak to him directly.
What Is Minor Emancipation?
In the state of Illinois, emancipation is governed by the Emancipation of Minors Act of 1980. Minor emancipation changes the relationship between a parent and child in the same way as the child reaching the age of 18, but emancipation is more complex. Minor emancipation removes the parent's control over the child rather than actually severing the parent/child relationship. An emancipated minor can legally enter into contracts, have financial and physical separation from his or her parents, and make his or her own medical decisions.
How Do You Deal with a Two-State Divorce?
As if divorce is not complicated enough, if a couple is facing a two-state divorce, those complications will increase significantly. Why would a couple have a two-state divorce? Perhaps you and your spouse are having marital problems, and you have split up until you decide whether a divorce is the right move. Your husband moved in with his parents, who live in Wisconsin. Time has passed, and a divorce is imminent; now you are unsure of which state’s divorce laws apply and how you would respond if your husband files in Wisconsin.
It is true that special rules and procedures apply to a two-state divorce. You should immediately consult a skilled Rolling Meadows, IL divorce attorney with experience in complex divorces. Choosing Law Offices of Donald J. Cosley is one of the best steps you can take. Attorney Don Cosley will fight for your future, working hard to achieve the best outcome possible.
How Could State Residency Requirements Affect Where I File?
If you and your spouse lived in Illinois for most of your married life, but he has been living in Wisconsin for the past few months, you will need to carefully consider marital asset distribution laws and residency requirements in each state. In Illinois, the residency requirement is only 90 days, but Illinois requires spouses to live apart for six months prior to filing for divorce. In Wisconsin, filing spouses must live in the state for at least six months. If your husband meets Wisconsin residency requirements, and you want your divorce to stay in Illinois, you must file before he does.
The Pros and Cons of a Legal Separation in Illinois
Some marital situations—though certainly not all—could potentially benefit from a legal separation before filing for a divorce. While not all states allow legal separations, Illinois does. If you and your spouse are considering a divorce, a trial legal separation can help determine whether your issues can be resolved. Any money earned by either spouse during a legal separation is considered a marital asset, and any debt incurred is considered a marital debt.
There are many good reasons to consider a legal separation—and other reasons why it may not be the right choice for you. Before making this decision, contact an experienced Rolling Meadows, IL family law attorney from Law Offices of Donald J. Cosley to ensure you have all the necessary information. While this is certainly an emotional time, having a knowledgeable lawyer to answer your questions and guide you through the process is essential.
What Is Legal Separation?
Even in states that have no mechanism for legal separation, a couple can initiate a trial separation on their own. This simply means that they may live in separate homes, spending some time away from one another to determine whether they should proceed with a divorce. States like Illinois that have a legal path to separation may allow couples more financial protections than those that do not.
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