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How Are Assets Divided in an Illinois Divorce?
The common conception of what happens to a couple’s assets in a divorce is that they are split equally and everybody brushes off their hands and moves on. This could not be further from the truth–especially in Illinois.
Equitable Distribution
Illinois is known as an “equitable distribution” state, meaning that the division of marital assets is done in a way that is considered fair, rather than precisely equal. This gives judges considerable leeway when making decisions that are considered equitable, and each divorce case is going to be different.
Keep in mind that only marital assets are divided in a divorce; assets that each spouse owns individually, such as inheritances or assets protected by a prenuptial agreement, will remain in possession of the spouse who owns them. For those assets that must be divided, the Illinois Marriage and Dissolution of Marriage Act lists twelve factors that will be taken into consideration:-
Both parties’ contributions to the marital assets or marital estate (including the contributions of a homemaker spouse who may not have earned income)
What Are the Different Child Representative Roles in Illinois?
In our previous post, we discussed at length what parents can expect when a guardian ad litem is appointed to a case involving the allocation of parental responsibilities in Illinois. But guardians ad litem are not the only people involved in discovering and representing the best interests of a child in a custody dispute.
In addition to a guardian ad litem, an Illinois court may assign a custody evaluator or a child representative. Although these people play somewhat similar roles in a custody evaluation, there are some crucial differences that determine which of them may be involved.
What is a Custody Evaluator?
A custody evaluator is a third party, usually a psychologist or psychiatrist, who takes an active, investigative role in a child’s home environment in order to make a report–and possibly a recommendation. Custody evaluators will interview parents, children, and other individuals who frequently interact with the child, such as extended family members, teachers, or neighbors.
What If a Judge Has Appointed a Guardian ad Litem to My Case?
If you are involved in a combative or complicated child custody dispute, you may be surprised to find that a judge has appointed a guardian ad litem to your case. Although having a guardian ad litem assigned to represent the interests of your child can be intimidating, this is a fairly normal court procedure, and it does not have to be something to be afraid of.
Our last post discussed what a guardian ad litem is and what they do; here, we discuss what you should do if one has been assigned to your case.
Be Calm and Communicative
If a judge has already appointed a guardian ad litem to represent your child’s interests, do not panic. It doesn’t mean you have done anything wrong. Usually, a judge will do this because they need more information to get an objective sense of what is best for your child.
Remain calm, be completely honest, and communicate openly with the guardian ad litem. Do not seek to influence the information your child gives the guardian ad litem. Hiding information or lying in an attempt to make your situation seem better than it is–or to make the other parent’s situation seem worse–can seriously harm your chances of getting custody.
Understanding the Guardian ad Litem Role in Illinois
Although parents typically want what is best for their child, this is not always the case. Unfortunately, during hostile or combative child custody battles in Illinois, parents often strongly disagree about which of them deserves parenting time. Parents may make accusations of mistreatment or abuse, or attempt to estrange a child from the other parent.
Judges, who are ultimately responsible for applying Illinois law and making decisions in custody battles, often need more information than the biased pictures they get from a child’s parents and their attorneys. In situations like this, Illinois courts will often appoint a special representative to seek out what is in the child’s best interests. This representative is called a guardian ad litem.
Investigating a Child’s Best Interests
“Ad litem” is a Latin legal term used to refer to a court-appointed representative of an individual, such as a child or incapacitated adult, who cannot represent themself. In Illinois, guardians ad litem are always lawyers, but not just any lawyer can be a guardian ad litem. Lawyers who want to become a guardian ad litem must take special training preparing them for the rigors of the role and must continue to take training throughout their career.
Staying Involved in Your Child’s Extracurricular Activities After Divorce
A divorce upends the lives of everyone in the family, especially children who must adjust to dividing their time between their two parents’ homes. Often, children will turn to the things they enjoy to cope with the change and stress of divorce. If you are going through a divorce, you should try to ensure that your children can still participate in their favorite extracurricular activities. You may even be able to use these activities as bonding time with your kids to help keep your relationships strong.
Supporting Your Children’s Activities and Interests
Illinois courts recognize that extracurricular activities are important for a child’s enjoyment, growth, and development, and family law statutes often treat them with the same level of importance as a child’s education and health. You can stay involved with your child’s extracurricular activities through both the terms of your divorce agreement and your efforts on a regular basis after the divorce. Here are some suggestions for doing so:
What Happens to Life Insurance in an Illinois Divorce?
Life insurance can be an uncomfortable topic to think about, as it brings to mind the possibility of death for you or a loved one. It can also be an easy topic to overlook during a divorce, especially if you and your spouse are relatively young and in good health. However, a life insurance policy has tangible financial benefits, meaning that it often becomes a factor in the division of marital assets and other aspects of the divorce process. You should be sure to understand what may happen to your policy and make plans to ensure that the benefits are distributed according to your needs and wishes.
Life Insurance and Property Division
Life insurance policies come in different varieties with different kinds of benefits. Term life policies typically only include a death benefit paid to the policy’s named beneficiary only if the insured person dies. On the other hand, whole life policies also have a cash value that accumulates over time. This cash value is essentially a type of investment, and it is possible to borrow or make withdrawals from it at any time. As such, it can be of immediate concern in a divorce when couples are dividing marital assets. To ensure an equitable distribution, the cash value may need to be divvied between spouses, or one spouse may need to compensate the other with different assets.
Tips for Handling an Uncontested Divorce in Illinois
In the worst-case scenario, divorce can be a seemingly endless process involving destructive conflict and burdensome court appearances. Understandably, many couples hope to avoid such a situation by pursuing an uncontested divorce, in which they agree to the terms of their divorce resolution without the court’s involvement. However, if you think of uncontested divorce as simply the “easy way out,” you could make costly mistakes that leave you at a disadvantage for years to come. Though it can be less stressful, an uncontested divorce still requires work and careful attention to detail.
Things to Keep in Mind in Your Uncontested Divorce
While you negotiate an agreement with your spouse, consider the following suggestions in order to protect your interests:
- Seek qualified legal advice. An attorney is still important in an uncontested divorce. They can offer valuable advice before you enter negotiations, be present on your behalf during negotiations, and help you review and file any required documents. With an attorney’s assistance, you can ensure that you are not overlooking important details.
Divorce Considerations for Parents of Children With Special Needs
Divorce is a difficult experience for all children, but for children with special needs, it can be especially challenging to adjust to the major changes that a divorce brings. Parents of children with special needs also face many challenges during the divorce process, including figuring out how to ensure that the divorce resolution protects their child’s interests and provides for their needs. If you are going through a divorce, you should carefully consider all of the following with respect to your child.
Addressing a Child’s Special Needs in the Parenting Plan
Ideally, both parents would continue to be committed to supporting their child and addressing their special needs even after a divorce, but unfortunately this is not always the case. If you have taken on the primary responsibility of caring for your child, it may be important to petition for sole decision-making authority regarding their health and education, as well as a greater share of parenting time. Even if both parents are dedicated to doing what is best for the child, an arrangement involving frequent exchanges between homes may not be in the best interests of a child with special needs, both because of the difficulty in adjusting to changes in routine and the fact that one parent’s home may be better equipped to provide for the child’s needs.
Pitfalls to Avoid When Creating a Prenuptial Agreement in Illinois
Drafting a prenuptial agreement with your partner can not only be an important means of protecting both of your assets, but also an opportunity for you to get on the same page regarding your finances. However, there are many ways in which the process of creating a prenup can go wrong, especially without the guidance of an experienced attorney.
Be Aware of Common Mistakes
As you work on creating your agreement, these are some of the most common pitfalls that you should be sure to avoid:
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Pressuring your spouse into the agreement. Raising the subject of a prenuptial agreement can be somewhat awkward under any circumstances, especially if your partner is not expecting it. Trying to force them into an agreement that they are not comfortable with only makes matters worse, and in fact, it will likely make your agreement invalid and unenforceable.
Petitioning for Temporary Maintenance and Child Support in Illinois
Getting a divorce can be a source of many new financial challenges, especially if you have been dependent on your spouse for support. Your divorce resolution may include orders for spousal maintenance and child support to help you provide for your own expenses and those of your children, but if you are going through a lengthy divorce process, financial struggles may begin well before the divorce is finalized. In these cases, it may be important to pursue temporary maintenance and child support.
When is Temporary Relief Appropriate?
The primary factor that a court will consider when determining whether to grant temporary maintenance or child support during the divorce process is the petitioning spouse’s financial need. When petitioning for relief, you will need to file a financial affidavit outlining your current situation and support it with evidence in the form of documents including:
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