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How to Prepare for a Contested Divorce in Illinois
There are two types of divorce in Illinois: contested and uncontested. A couple is undergoing an uncontested divorce when they are able to come to an agreement about major divorce issues such as property and debt division, spousal support, and the allocation of parental responsibilities. When divorcing couples are not able to effectively discuss these issues and come to an agreement either on their own or through mediation, they may require court intervention. Divorces such as these are referred to as contested divorces. If you have a feeling that your divorce will not be amicable or cooperative, there are several things you can do now to help yourself prepare for the contested divorce process.
Educate Yourself About the Illinois Divorce Process
Human nature often makes us afraid of things that we do not understand. If you are planning to end your marriage through divorce, one way you can help prepare yourself is to start learning about the divorce process in Illinois and what to expect. Reducing the number of surprises you will encounter is one way to make the divorce process less intimidating. In Illinois, most contested divorces involve some or all of the following steps:
Issues That Can Invalidate a Prenuptial Agreement
Prenuptial agreements, or “prenups” for short, have long been misunderstood. Some people incorrectly believe that signing a prenuptial agreement with your fiancé means that you are destined to get divorced. This is no truer than saying that buying car insurance destines you to a car accident. Prenuptial agreements not only protect each spouse’s property rights in the event of divorce but they can also help engaged couples effectively communicate about property and debt before getting married. This can be tremendously beneficial to the relationship and help prevent unexpected financial issues during the marriage.
There are certain things that can invalidate a prenuptial or premarital agreement. If you plan to create a prenup, make sure to follow Illinois state guidelines so that your prenuptial agreement is not set aside by the court in the future.
Differentiating Between Marital Property and Separate Property During an Illinois Divorce
One of the most contentious issues during many divorces is the division of marital assets. In Illinois, marital property and debt is divided though a method called equitable distribution. Some states simply split the marital estate in half during divorce, but Illinois takes a more fine-tuned approach. Illinois courts will consider many factors when determining how property will be divided during divorce including each spouse’s financial circumstances, employability, health, and more. Before the marital estate can be divided, however, courts must determine what property is marital and subject to division and what property is separate property not subject to division.
Marital Property is Property Acquired During the Marriage
According to equitable distribution laws, only shared property or marital property is divided during a divorce. Separate property is not divided and is instead assigned to the owner of that property. Determining which property is marital and which is separate can become quite complex.
How to Make the Most of Your Illinois Parenting Agreement
Many parents who get divorced choose to co-parent their child. If you plan on sharing custody—formally called the allocation of parental responsibilities—with your child’s other parent, you will be required to create a parenting agreement. This agreement is used by the courts as a way of establishing how parental responsibility of a child is shared between two unmarried parents.
There are certain elements of the parenting agreement which you must include, but you are free to include as much additional information as you want. A parenting agreement can become more than just another piece of paperwork which you must fill out; it can form the foundation of a healthy, productive, and cooperative co-parenting relationship.
What Must Be Included in an Illinois Parenting Agreement
Certain information is required to be entered into an Illinois parenting agreement. These items include but are not limited to:
Non-Physical Abuse is Domestic Violence
When you hear the words “domestic violence” do you imagine a bruised and battered spouse? While domestic abuse does often involve overt acts of physical violence, not all abusive relationships are obvious to others. In fact, many people who are in an abusive relationship may not even realize it. They incorrectly assume that because their abusive partner is not literally punching and kicking them that the spouse’s demeaning, frightening, or threatening behavior is not abuse. Nothing can be further from the truth. Read on to learn about the more subtle signs of domestic violence and what you can do if you are currently in an abusive relationship.
Humiliation, Threats, and Isolation Are Signs of Abuse
The laws regarding domestic violence are listed in section 750 of the Illinois Compiled Statutes and are collectively called the Illinois Domestic Violence Act of 1986. In the act, the word “abuse" is defined as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation…” This means that according to the law, abuse does not have to be physical to be considered domestic violence.
Avoid These Common Mistakes During Your Illinois Divorce
If you are thinking about ending your marriage, you may be completely unsure of where to start. If you are like most people, you probably never though you would be at this point when you first got married. The complexity and duration of your divorce will depend on the type of life you and your soon-to-be ex-spouse have built together, whether or not you have children, the assets and debt you have accumulated during the marriage, and more.
Because every divorce depends on the couple’s unique circumstances, there is no one-size-fits-all method for managing an efficient and minimally-stressful divorce. However, experts do have some advice for how to avoid common mistakes during the divorce process.
Only Considering the Short-Term Consequences of Your Decisions
Understandably, divorce is a highly emotional time for many people. If you are getting divorced, you may have to consciously remind yourself to make decisions that are best in the long run instead of decisions based on emotions. For example, some individuals are determined to fight their spouse for ownership of the house during a divorce. However, keeping the house may not be the best decision for everyone. Some people end up keeping the house but giving up a retirement plan account or other valuable investment or asset. This can result in them losing future investment-return gains and being cash-poor in the future. Some divorced individuals find that a large house and yard are too expensive to keep on their own anyway. In order to avoid this pitfall, it may be in your best interest to discuss your financial options with a professional.
Managing Cryptocurrency During a Divorce
Any divorce can be difficult, but certain complex investments or assets can significantly complicate the end of a marriage. If you are planning to divorce, you have probably already considered how certain assets will be divided between you and your soon-to-be ex-spouse. Apportioning bank account balances or figuring out whether or not to sell the family home can be a challenge, but other assets may be even more difficult to value and divide. Among these complex assets are Bitcoin and other types of cryptocurrency. Cryptocurrency is a relatively new form of currency which can be extremely hard to value. If you or your spouse have invested in cryptocurrency, read on to learn about how this investment could affect your Illinois divorce.
Virtual Currency May Be Considered a Separate Asset or Marital Asset Depending on the Circumstances
Commonly Asked Questions About Stepparent Adoption
When people think about adoption, often the first thing that comes to mind is a couple or single person adopting a new child into their family. However, this is far from the only situation in which legal adoption is useful. When a single parent with a child gets married, their spouse become the child’s stepparent. Many stepparents are just as involved in their stepchild’s life as a biological parent would be. In these situations, the stepparent may wish to adopt the child so that they become the child’s legal parent as well.
When Can a Stepparent Legally Adopt Their Stepchild in Illinois?
Stepparent adoption is only possible if certain conditions are met. Firstly, stepparents who want to adopt their stepchild must be legally married to the child’s custodial parent. Even if a life partner or long-term boyfriend or girlfriend has been acting as a parental figure in a child’s life for years, he or she must be married to the child’s parent in order to adopt him or her through a stepparent adoption. Secondly, the stepparent must have the stepchild’s consent to adopt him or her if he or she is over age 14. Lastly, because Illinois law only allows a child to have two legal guardians or parents, the child’s other parent must be deceased or terminate his or her parental rights for stepparent adoption to be possible.
How Can I Change My Child Support Obligation?
Child support is designed to help children with unmarried or divorced parents enjoy the same quality of life as if his or her parents were married. There are many misunderstanding about the child support laws in Illinois. Child support is a separate issue from parenting time (visitation) and parental responsibilities (custody). A parent who does not have any custody of a child may still be required to pay support. Court-ordered child support obligations may be changed, but only if the parent requesting the change meets certain criteria.
Recently Updated Child Support Laws
Illinois child support laws changed significantly in July 2017. Child support amounts are now calculated with an income shares model. Before this change, child support obligations in Illinois were calculated by taking the payor’s net income and applying a certain percentage based on the number of minor children. For example, if you had one minor child, 20 percent of your net income would go to the child’s other parent in support at minimum. Now, child support in Illinois is calculated using an income shares model. Under this model, the Court considers the combined net income of both parents as well as other factors to determine a fair and reasonable support order.
Advice for Those Divorcing an Abusive Spouse
The National Domestic Violence Hotline reports that approximately three in 10 women and one in 10 men in the United States have been the victim of rape, physical violence, or stalking by romantic partner. It takes a tremendous amount of courage to leave an abusive relationship. Abusive spouses often convince their partners that they cannot lead a successful life without them. Perpetrators of abuse use put-downs, gaslighting, threats, intimidation, and more to maintain control over their partner and convince them not to leave. If you are considering divorcing an abusive spouse, you may be unsure of where to start. Read on to learn about divorce in Illinois and how you can protect yourself and your children from an abusive spouse.
Illinois is a “No Fault” State
In some states, married couples who wish to divorce must list a reason, or grounds, for why they are seeking the dissolution of marriage. Illinois, however, is a “no fault” state. This means that anyone can seek a divorce for any reason. Those wishing to end their marriage simply list “irreconcilable differences” as the grounds for the divorce. If your spouse has been abusive to you, you will not need to prove this in order to be granted a divorce. However, even though domestic abuse cannot be the grounds for a divorce, you will still have an opportunity to introduce evidence of your spouse’s violent, threatening, or demeaning behavior during the case.
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