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Recent Blog Posts
Who Benefits from Establishing Legal Paternity in Illinois?
When a baby is born to unmarried parents in Illinois, the father is usually not automatically recognized as the child’s legal parent. Establishing legal paternity requires further action through either the Illinois court system or the Department of Healthcare and Family Services. Though it may seem daunting to attempt to resolve a legal matter, establishing paternity can actually be quite simple, and it can offer significant benefits for everyone involved.
Benefits for the Child
The most important reason to establish legal paternity is to better provide for the child’s needs. A man who has been recognized as a child’s legal father is required to contribute his fair share to child support, including for basic childcare expenses and any extraordinary needs that the child may have. A child may also be entitled to many other benefits through their legal father, including military and veteran’s benefits, Social Security benefits, health insurance benefits, and inheritance benefits.
Three Tips for Preparing for Divorce Mediation in Illinois
When a couple is preparing for divorce and considering their options, many will find that mediation is a much better alternative to a protracted, hostile divorce court battle. Mediation allows couples to have greater control over the entire process, and to settle their differences with a more satisfactory compromise than they might if a judge makes the decisions for them.
However, mediation is still a complex and emotionally exhausting legal process, and it takes some preparation. Important decisions must be made that will have long-term effects on the couples’ lives, as well as those of any children.
Here are a few tips that will help spouses prepare for the process of mediation.
Know Your Priorities
It is not easy to advocate for yourself when you do not really know what you want. Understand that compromise is going to be a crucial part of mediation, and contemplate which things are most important to you and why. If your family has a unique Christmas tradition, then maybe spending Christmas day with your child will be much more important for you than visitation time over Easter.
How Does Unemployment Affect Child Support in Illinois?
In Illinois, parental income has long been an important factor in establishing the terms of a child support order. Since 2017, this now includes the income of both parents, rather than just the paying parent. As such, changes to either parent’s income can have a significant impact on the amount to be paid. Perhaps the most dramatic change in income a parent may experience is the loss of their job. If you or your child’s other parent have recently become unemployed, you should be aware of how this can affect child support moving forward.
Unemployment and Initial Child Support Calculations
Whether a child support order is established during the divorce process or after an adjudication of paternity, the size of the payments is determined in large part by each parent’s income at the time. Obviously, when a parent is unemployed, they will not have any wages to factor into the calculation, but unemployment can still influence the calculation in other ways, depending on whether a parent is involuntarily or voluntarily unemployed.
Which Family Law Issues Can Be Resolved Through Mediation?
If you are preparing for a divorce, you may be familiar with the resolution method of mediation. This option is desirable for many divorcing couples, as it allows them to work through their issues peaceably and privately, maintain control over the outcome, and often save time and money. You may be surprised to learn that mediation services are available not just for divorce, but also for several other family law matters.
Family Law Mediation Services in Illinois
As long as both parties are willing to come to the table and negotiate an agreement, mediation can work to resolve many family law disputes that would otherwise have to be addressed in court. Family law mediators are well-versed in a variety of cases, and they have the skills and experience to help spouses, parents, and other parties identify common ground while remaining neutral themselves.
How to Handle a Mortgage in an Illinois Divorce
When a couple gets married, their finances become intertwined. This includes not just the property they own, but also their obligations to repay certain debts. Just as a couple’s home is often their most valuable asset, the mortgage they took out to finance it is often their largest source of debt. In the event of a divorce, the home’s equity and the outstanding mortgage balance will both significantly impact the division of marital property.
As you decide how to handle all of your assets and debts in your divorce, you should give special consideration to your home mortgage. If you and your spouse are willing to work out an agreement, you may have several options to either reduce the debt or allocate it fairly.
Eliminating Mortgage Debt by Selling Your Home
Often, the simplest option for handling your home and the associated mortgage in your divorce is to sell the property. If the housing market is strong, you may be able to completely eliminate your mortgage debt by selling your house, perhaps with revenue left over to distribute fairly between you and your spouse. Of course, this means that neither of you will be able to continue living in the home, but this may be a good option if you are both looking for a fresh start.
Preparing for Relocation After an Illinois Divorce
After getting a divorce, you may have many reasons for wanting to move to a new location, including starting a new job, being closer to your family, or simply putting more distance between you and your ex. However, if you have children, you will need to consider their needs as you prepare to move, and your former spouse will most likely also be a factor in your plans. From both a legal and personal standpoint, there are certain things you can do to help the move go more smoothly.
Consider Talking to Your Former Spouse
If your move qualifies as a relocation for legal purposes, which in Kane County usually means moving at least 25 miles away either within Illinois or out of state, you have a legal obligation to notify your children’s other parent in advance and obtain approval for the move. Relocations can be among the most contentious Illinois family law cases, especially if you and your former spouse are not on good terms.
Do Civil Union Partners Have the Same Rights as Divorcing Spouses?
Since 2014, same-sex marriage has been legal in Illinois. This means that same-sex married couples have the same rights and benefits under Illinois law as opposite-sex married couples, and it also means that they must go through the same process to get a divorce. However, many same-sex couples in Illinois are in civil unions rather than marriages, whether because of a personal choice or because their union began before same-sex marriage was legal. If you are in a civil union with your partner, you may wonder what will happen if the relationship fails and you wish to dissolve the union.
Property Division and Maintenance in Civil Union Dissolution
According to Illinois law, the sections of the Illinois Marriage and Dissolution of Marriage Act regarding the divorce process also apply to the dissolution of a civil union. In part, this means that both partners have a right to most forms of property, assets, and debts that were acquired during the union, including the home, bank accounts, retirement accounts, and more. These assets and debts will need to be distributed fairly between partners based on the same criteria used in the division of marital assets.
Do Not Overlook These Financial Concerns During Your Illinois Divorce
When getting a divorce, most married couples will need to sort out various financial concerns. Some of these concerns are obvious. For example, you probably already know that you will need to decide who will keep the house, how you will divide the checking account, or who will get the furniture. However, other financial issues often get overlooked or pushed to the side until the last minute. Part of planning for a smooth divorce process is learning about the various financial issues you will need to address before you finalize the split. The better-informed you are of these issues, the better position you will be in to make sound financial decisions during the divorce.
Allocation of Debt in an Illinois Divorce
Property division does not only involve the division of assets, it also consists of the division of liabilities and debts. According to Illinois law, debts are handled similarly to property during divorce. The debts that either spouse accumulated during the marriage are the responsibility of both parties. This true even if the other spouse did not purchase the item or the title is only in one spouse’s name. If a spouse agrees to pay a debt for which both parties are liable and fails to fulfill this responsibility, the creditor may pursue the other spouse – even after the divorce is final. This is why many divorcing spouses choose to sell assets to pay off jointly held debt during divorce.
Understanding Different Types of Maintenance Orders in an Illinois Divorce
In many Illinois divorce cases, one spouse has significantly greater income and assets than the other. This can make it difficult to reach a fair resolution through the division of property alone, especially if it will be challenging for the other spouse to support themself for quite some time. In these cases, the court will often award spousal maintenance, commonly known as alimony or spousal support. However, maintenance orders come in several different forms, and you should be sure to understand the type of maintenance order, if any, that is likely to apply to your case.
How Do Illinois Courts Award Spousal Support?
If you and your spouse reach an agreement regarding maintenance, or if the court decides that maintenance is necessary, payments may be structured in a variety of ways. These are the most common types of maintenance orders that you should be aware of:
Considerations for Stay-at-Home Parents Getting Divorced in Illinois
Being a stay-at-home mom or dad can be a wonderful way to ensure that your children receive the care and attention they need to grow into successful adults. It can also put you in a difficult situation during divorce. If you are a divorcing parent who has not worked outside of the home in several years, you may be overwhelmed by the possible personal and financial implications of your impending divorce. Fortunately, there are several things you can do to protect your rights as a stay-at-home parent and avoid mistakes that put you in an unfavorable position during divorce.
Know Your Rights Under Illinois Law
Many people are unaware of the rights that they have during divorce. They may quickly agree to terms before researching all of the possible options because they are eager to get the divorce over with. However, if you do not know your rights, you may inadvertently lose them. For example, many stay-at-home parents are entitled to spousal maintenance or alimony. The amount and duration of alimony payments depend on the financial and employment circumstances of both spouses, the duration of the marriage, and other factors. You may also be eligible for temporary spousal maintenance and/or child support payments before the divorce is finalized.
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