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Recent Blog Posts
What Happens to Our Retirement Savings in an Illinois Divorce?
Among the challenges of getting a divorce, the division of assets may be one of the most difficult, especially for a long marriage in which you and your spouse have accumulated a significant amount of marital assets. Along with physical properties such as homes, vehicles, and furniture, you will likely also need to plan for a division of financial accounts, including your retirement savings. It is important to understand how retirement accounts may be divided in a divorce so that you can make sure your goals stay within reach.
Are Retirement Accounts Considered Marital Property in Illinois?
Contributions to a retirement account made before your marriage are typically considered non-marital assets in Illinois, so you can usually be confident that those funds will remain in your name after your divorce. However, even when a retirement account is in your name alone, contributions made to the account during your marriage will likely be considered marital property. Along with your other marital assets and debts, these retirement savings will be included in the equitable distribution of property between you and your spouse.
How Far Is Too Far to Move With Your Child?
If you are a divorced, separated, or unmarried parent, you probably realize how important it is for your child to maintain a healthy relationship with his or her other parent. There are exceptions, of course, including situations in which the other parent is completely absent, negligent, or, worst of all, abusive. Following your divorce or breakup, you and the other parent most likely managed to come to an agreement regarding your child, granting each of you certain rights and responsibilities. What happens, though, when you decide that you want to move out of the area with your child? Do you have the right to do so? Is it possible to move too far away?
As with most considerations regarding child custody, or the allocation of parental responsibilities as it is now called in Illinois, there are no definitive answers to these questions. Instead, the law provides that parents are expected to act in their child’s best interests, and when there is a dispute regarding what is best for the child, the court may intervene.
How Can I Change My Illinois Child Support Order?
In an unmarried or divorced parenting arrangement in Illinois, the parent with the majority of the parenting time is often entitled to receive child support payments from the other parent. If you are the parent with fewer parental responsibilities and less parenting time, you may be required to pay child support. Child support payment amounts are based on each parent’s financial circumstances, the children's needs, and other factors. Understandably, these factors may change. If you need to change your court ordered child support, read on to learn how to do so.
When Are Child Support Orders Eligible for Modification?
Illinois child support orders are automatically eligible for review and possible modification every three years. During a modification review, the existing child support balance, both parents’ income and employment circumstances, and other relevant information is evaluated. If the review reveals that the child support obligation may require adjustment, parents may request a modification.
Can We Negotiate Our Own Maintenance Agreement?
As you navigate the process of divorce, you and your soon-to-be ex will have a large number of issues to consider. You will need to think about which of you will get what property, arrangements for your children, and how you will deal with life after divorce. For many couples, the issue of spousal maintenance, or alimony, can be particularly complex, as it is often difficult to “put a price” on your ending marriage. While you may be content to place such decisions in the hands of the court, you also have the option of creating your own maintenance agreement that meets the needs of both parties and avoids messy litigation.
Communicate and Cooperate
While divorce is rarely, if ever, easy, an increasing number of couples are approaching the matter with a cooperative spirit. In many cases, both spouses have reached the conclusion that continuing the marriage is no longer healthy or in their best interests, but still care about each other and do not want to create additional, unnecessary problems. With an attitude such as this, you and your spouse are likely to be able reach an agreement regarding spousal maintenance quickly, and without acrimony.
When is an Illinois Prenuptial Agreement Not Legally Enforceable?
Prenuptial agreements, or prenups, have long been the subject of rumors and misinformation. Many people falsely assume that if a couple truly loved each other, they would not need a prenuptial agreement. This is simply not true. Prenuptial agreements provide a range of benefits, but they must be accurately executed in order to be legally enforceable. There are several issues that can make a prenuptial agreement invalid.
False Financial Information
Prenuptial agreements allow spouses to define and protect property rights in the event of divorce. Another major benefit of prenuptial agreements is that creating the agreement gives spouses the opportunity to make sure they are on the same page regarding finances. Disagreements about money are among the most common reasons that married couples split up and is considered to be the leading cause of tension in romantic relationships. Having an honest conversation about financial matters before the marriage can help prevent money-related arguments in the future. During the creation of a prenuptial agreement, each spouse must fully disclose income, assets, and debts. If a prenuptial agreement is founded upon false or incomplete financial information, the document may be invalid.
How to Make the Divorce Process Easier on Your Children
If you are a parent and you have decided to end your marriage, you may have concerns about how the divorce will affect your children. Divorce can be hard for children to cope with, but studies shows that children with divorced parents can still lead happy, successful lives. In fact, being exposed to parents who are obviously miserable being married to each other may be worse for children’s well-being than the parents getting divorced. Divorce is a stressful ordeal, but fortunately, a great deal of research has been done regarding how to best help children cope with divorce.
Keep Grown-Up Conversations Away from the Kids
Even if children do not seem like they are paying attention, kids pick up on a surprising amount of adult hostility. Avoid talking about divorce-related issues like child custody disputes, property division concerns, or spousal maintenance arguments when your children are present. Being exposed to heated discussions such as these can make children very anxious and upset. Constant exposure to their parents’ arguing can also lead to social and academic problems. Furthermore, avoid bad-talking your soon-to-be-ex spouse in front of the children. Hearing negative things about the other parent, even if they are true, can make the children feel like they have to choose sides.
What Happens During a Contested Divorce in Illinois?
When a married couple divorces, there may be many issues that they need to resolve before the divorce is finalized. If the couple has a child together, they may need to determine how to share child custody and visitation, technically called the allocation of parental responsibilities and parenting time in Illinois. They may own a home, vehicles, and other assets that will need to be divided. Many divorcing couples must also make decisions about child support or spousal support.
If a divorcing couple is able to reach an agreement about these and other divorce-related matters through negotiation or mediation, they will generally enter into an uncontested divorce. If they cannot reach an agreement without court intervention, they enter into a contested divorce.
The Basics of Contested Divorce
There are many reasons that a couple might not be able to resolve divorce issues without going to court. In some cases, a spouse simply refuses to participate in negotiation or good faith discussion about the terms of the divorce. During a contested divorce, the court hears arguments from each party and then makes decisions about the unresolved issues on behalf of the couple. The court’s decisions are based on the applicable laws and unique circumstances of the case. It is very important to hire an experienced divorce attorney when undergoing a contested divorce. Your attorney can help ensure that your rights are not violated and that you receive a fair divorce settlement. He or she will advocate on your behalf and protect your best interests.
Is Your Spouse Lying About Assets In Order to Manipulate Your Divorce Settlement?
Divorce represents both the end of a romantic relationship and the end of a financial relationship. Illinois laws regarding property division, child support, and spousal maintenance are designed to be fair and reasonable so that neither spouse suffers serious financial harm. However, in order for these laws to be applied accurately, divorcing spouses must be truthful about their debts, assets, income, and expenses.
In some cases, a spouse may fabricate financial data in order to gain a divorce settlement that is biased toward him or her. This is especially common in situations involving a spouse who owns a business, has complex investments, or who has traditionally made all of the financial decisions in a marriage. If you are worried that your spouse may lie about finances in order to gain an unfair advantage during divorce proceedings, speak to a divorce lawyer as soon as possible.
What You Should Know About Parental Abduction Laws in Illinois
When parents get divorced in Illinois, they are required to create a parenting plan which contains directions for how the parents will share custody of their children. The plan divides parental responsibilities as well as parenting time between the parents. If the parents cannot decide on a parenting plan together, the court will formulate a parenting plan that meets the child’s best interests.
Once a plan is approved by the court and entered into the divorce judgment, the plan is a legally enforceable court order. If a parent purposely violates the terms of the order, he or she can be held in contempt of court. In some situations, when a parent refuses to allow the other parent to see his or her child, the parent withholding the child is committing parental abduction.
When Does Parental Abduction Occur?
Sometimes, a parent makes a mistake and accidentally violates the terms of the existing parenting plan. He or she may have gotten two dates mixed up or simply lost track of time. Situations like these do not constitute an offense that is likely to result in criminal or civil consequences. However, when a parent purposefully keeps a child away from his or her other parent during the other parent’s court-ordered parenting time, this could be considered parental abduction in some cases.
What Happens If My Spouse Files for Divorce and I Am Not Ready?
While it can certainly be fulfilling and ultimately bring a great deal of happiness to both spouses, marriage takes a great deal of work, even in the best of circumstances. In more challenging situations, staying together might prove impossible, especially if one spouse is particularly unhappy. This can become painfully obvious if that spouse files for a divorce that you may have never seen coming. If you have recently been served with divorce papers and the request has taken you by surprise, it is time to start preparing for the road ahead.
Act Quickly
Once you have been served with divorce papers, it means that your spouse has formally filed a petition for divorce with the court. For your part, you must file a written response, or at least an appearance, within 30 days. Your response does not necessarily mean you agree to the divorce. In fact, you can directly refute any complaints or allegations your spouse may have included in the petition. If you do not file an appearance or a response in the allotted time, however, you risk being held in default, which means the process can continue without you. A default judgment against you in your divorce should be avoided at all costs.
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