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Recent Blog Posts
Is Legal Separation Right for Me?
Legal separation is one way that a married couple can live apart, manage parenting issues, and isolate their finances from the other spouse without getting divorced. There are a great number of reasons that a couple may choose to get a legal separation. Separation offers many of the same benefits as divorce, but unlike divorce, separation is reversible. Only you can decide whether or not legal separation is right for you. If you do decide to separate, make sure to understand your rights and responsibilities regarding separation under Illinois law.
Why Do Married Couples Become Legally Separated?
In some cases, a couple knows that there are major problems in their marriage, so they separate for a period of time in order to work on these problems independently. Other times, a couple separates because they are not ready for the finality of divorce but they want to live apart and divide their parental responsibilities and finances until they decide if divorce is the next step. Some religions prohibit divorce, so members of those religions who do not want to live with their spouse get a separation in order to gain some of the benefits of divorce without actually ending the marriage. There also may be tax, social security, and health insurance-related advantages to remaining legally married. Legal separation can also be a great way to protect your finances from a spouse you are currently in the process of divorcing.
What Does “Best Interests” Mean and Other Child Custody Issues?
If you are getting divorced or you are an unmarried parent, you may have questions about how child custody, called the allocation of parental responsibilities in Illinois, is handled. You have probably seen phrases such as, “The court will determine a parenting time schedule that is in the child’s best interests.” You may have wondered what the phrase “best interests” actually means in this context.
Determining What is in a Child’s Best Interests
When a married couple with children gets divorced or an unmarried couple has a child together, they have the option of creating their own arrangement for parenting time and parental responsibilities. Parents who need help negotiating a parenting plan may benefit from the help of a qualified mediator. However, even with mediation, coming to an agreement about the allocation of parental responsibilities is not possible for some parents. In cases like this, the court will consider a number of factors to determine a parenting arrangement that is in the child’s best interests. These factors include but are not limited to:
When Is Spousal Maintenance Awarded in an Illinois Divorce?
Spousal maintenance, also referred to as spousal support or alimony, can help a lesser-earning spouse avoid being at a serious financial disadvantage after getting divorced. When a married couple divorces in Illinois, it is not guaranteed that a spouse will be required to pay spousal maintenance to the other. Whether or not a spouse receives spousal support and the amount and duration of payments are based on a variety of circumstances.
Spouses Can Decide on Alimony Arrangements in a Prenuptial or Postnuptial Agreement
One way that a spouse can receive spousal maintenance is if the spouses have previously signed a prenuptial agreement or postnuptial agreement that dictates what spousal maintenance arrangements will be if the couple divorces. For example, if a spouse plans to sacrifice educational and career opportunities to be a homemaker or stay-at-home-parent, the spouse may want to ensure his or her right to adequate spousal maintenance if the marriage ends. A prenuptial agreement, or “prenup,” allows spouses to make decisions about the amount and duration of maintenance payments in advance. However, it is essential that prenuptial agreements meet the criteria required by Illinois law. If a prenup is signed under duress, contains extremely unfair provisions, or otherwise does not meet the guidelines set forth in the Uniform Premarital Agreement Act (UPAA), it may not be legally enforceable. It is always a good idea to have an experienced family law attorney review any marital agreements to ensure that they are valid.
Issues That Can Make Your Illinois Prenuptial Agreement Non-Enforceable
In a previous blog, we discussed the many benefits that an engaged couple can gain from signing a prenuptial agreement. A prenuptial agreement or “prenup” protects each spouse’s financial interests and dictates how property division and other issues will be managed in the event of divorce. Many couples find that the act of creating the prenuptial agreement itself is also hugely beneficial to their marriage. When spouses understand their financial rights and responsibilities prior to marriage, they may be less likely to get into arguments about money in the future. Prenups must be written in a way that meets Illinois state guidelines. There are many problems that can cause a prenuptial agreement to be declared invalid.
Each Spouse Must Be Transparent About His or Her Finances
A prenuptial agreement must include a full account of each spouse’s property and debt. Before decisions can be made about how property should be divided in the event of divorce, the spouses must fully understand each other’s financial circumstances. If a spouse does not disclose all of his or her property and debt, the decisions made in the prenup will be based on incomplete information. If it is discovered that a spouse was not honest about finances during the creation of the prenuptial agreement, the document may be considered invalid during divorce proceedings. This is just one of many reasons it is so important to have a qualified family law attorney review any prenuptial or premarital agreement you create with a soon-to-be spouse.
How Does an Illinois Order of Protection Work?
Orders of protection, sometimes called restraining orders, are court orders designed to prevent an abusive or harassing individual from further harassing his or her victim. The directions contained in a protection order vary, but many prohibit the person named in the order, the respondent, from contacting or coming within a certain distance of the person who requested the order, called the petitioner. If you or your children are victims of domestic violence, an order of protection may give you the space you need to escape the abusive situation. An order of protection is also a critical step in creating a formal record of the respondent’s harmful actions with the court.
Emergency Orders of Protection Can Be Obtained Without a Hearing
There are three main types of protection orders available in Illinois: an emergency order of protection, interim order of protection, and plenary order of protection. An emergency order of protection (EOP) can be obtained without the respondent’s participation. This is called an 'ex parte' hearing.
How Should Medical Expenses Be Managed with Regard to Child Support?
Illinois courts believe that children have a right to receive financial support from both of their parents- even if those parents are unmarried or divorced. Child support payments can help parents share child-related costs such as tuition, childcare, extracurricular fees, basic necessities, and medical care. While the costs of feeding and clothing your child will likely stay relatively stable throughout his or her childhood, medical expenses can quickly add up to excessive amounts – especially if your child requires ongoing or specialized medical care. Read on to learn about how medical costs are handled under Illinois child support laws.
Special Needs and Extraordinary Medical Costs
Typically, when parents receive a child support order from the court, the order will dictate how routine medical care such as yearly physicals, dental cleanings, and doctor’s visits for minor medical issues are handled. “Extraordinary” medical expenses include out-of-pocket or uninsured medical costs like co-pays, deductibles, or costs associated with major medical interventions like surgery. These costs may not be covered by the child support order you originally received from the court.
How to Establish Paternity in Illinois
When a woman gives birth to a child, she automatically becomes the child’s legal mother. Similarly, when a married woman gives birth, her husband is presumed to be the child’s father. The father will not need to take any additional steps to become the legal parent of his or her child. However, the same is not true for unmarried fathers. An unmarried father must formally establish paternity in order to be the official parent of his child. There are several ways that parents can establish paternity in Illinois.
Voluntary Acknowledgment of Paternity
The easiest and most straightforward way to establish paternity in Illinois is for both parents to sign a Voluntary Acknowledgement of Paternity (VAP). A VAP form is typically available at the hospital after the baby is born. You can also obtain a VAP through the county clerk's office, local registrar of vital records, local Department of Human Services office, or child support services office. A VAP must be signed by both parents, so this option may not work in some situations. If your child’s father does not acknowledge his parentage, he will likely refuse to sign a VAP. In this case, you will need to pursue other avenues for establishing paternity.
Can I Get My Marriage Annulled in Illinois?
Although we generally think of divorce as the main way to end a marriage, there is technically another means of “undoing” a marriage in Illinois. Annulment is a legal process through which an individual’s invalid marriage is canceled. Unlike a divorce, an annulment makes it as if a person was never married. In Illinois, annulment is referred to as a Declaration of Invalidity. Not just anyone is eligible for a Declaration of Invalidity. You must meet certain criteria in order to have your marriage annulled in Illinois.
Why Do People Get Their Marriages Annulled?
There are a wide variety of reasons that a person may wish to get their marriage annulled. A person may decide to get married on a whim and then later realize that getting married was a mistake. Sometimes, spouses seek an annulment because they learn information about their partner which makes their marriage unreasonable or legally unenforceable. Other times, a person seeks an annulment because they could not legally consent to the marriage in the first place. Many people also seek annulments for religious reasons. However, it is important to note that an annulment through a church or other religious institution is not the same as a legal annulment through the courts.
Why You Should Consider Signing a Prenuptial Agreement Before Your Illinois Marriage
Prenuptial agreements, also called premarital agreements or “prenups,” are some of the most misunderstood legal documents in all of family law. The media often presents prenuptial agreements in a negative light. Television shows and movies can also add to the confusion and misinformation surrounding prenuptial agreements. The truth is that a prenuptial agreement can benefit both members of a marriage in a wide variety of ways.
Prenups Protect the Financial Interests of Both Spouses
The main purpose of a prenuptial agreement is to determine in advance how property and debt would be divided if the couple gets a divorce. Without a prenuptial agreement, assets are divided according to equitable distribution rules in Illinois. It is very possible that one or both spouses will not end up with the property that they wanted when the court makes property division decisions on behalf of the spouses.
Factors That Can Complicate Property Division During Divorce
When two people marry, many of their possessions change from “yours” and “mine” into “ours.” Couples may share a home, vehicles, property, bank accounts, and more. When a married couple gets divorced, deciding which spouse should retain which assets can be quite difficult. There are many factors that can complicate the already complex process of property division. If you are planning to divorce and need help with asset division, contact an experienced family law attorney.
Complex Assets
Illinois couples have the option to make their own decisions regarding the division of the marital estate. However, couples who disagree about asset division may require court intervention. If a couple owns complex or high-value assets, it is likely that the process of property division will be much more involved. Assets which can complicate the property division process include but are not limited to:
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