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Illinois Legal Separation Process
If you and your spouse find yourselves in the midst of separating, you, like many couples, may be pondering the advantages and disadvantages of legal separation before divorce. Legal separation serves to outline the rights and responsibilities of each spouse when they are living apart, but are not yet divorced. Living apart for a period of time can be helpful for the couple who wants to try a trial separation before making the decision to call it quits, but doing so can bring about certain financial risks if not addressed properly early on.
Making It Official
If you choose to go the trial separation route, there are certain stipulations that must be met in order to make the separation official by law. Ensuring your separation is legal will help prevent any potential financial risks associated with living apart before you divorce.
Money Management Problems often a Contributor to Divorce
Multiple studies conducted by various experts, over many decades, have revealed the sad truth that serious financial trouble is an overwhelming predictor for separation and divorce for couples around the globe. The American Psychological Association (APA) reports a number of studies that have proven the stress brought on by financial struggle can cause even the strongest relationships to fall apart, making it crucial for everyone, regardless of their income level or line of work, to address their money management habits early on in a marriage.
Clashing Money Management Styles
Looking at the way you and your spouse spend, save, and budget money before the marriage and in the early stages of your union can make a significant difference in how well your relationship fares over time. This is especially important when you and your spouse experience additional stressors throughout the course of your marriage, adding more pressure to the existing tension. Such issues can increase the number of arguments between you and your spouse, and ultimately affect the longevity of your relationship.
Details You Cannot Afford to Neglect When Arranging a Prenup
Although the subject of prenuptial agreements spark ongoing controversy, the reality is such agreements can offer a range of benefits for both parties involved, should a divorce ever take place. When both parties are open and willing to discuss the potential advantages of arranging a prenup, the outcome can bring great peace of mind and provide a clear, organized game plan in the event the marriage comes to an end.
Key Areas to Address
The purpose of a prenup is to prepare for the management and protection of your assets, especially in the event that you and your spouse have difficulty agreeing on the division of those assets during a divorce. Due to the important nature of the agreement, it is crucial to identify which areas require attention as you begin the process of creating the contract. Some areas every couple needs to address include the following:
Child Support: Who Pays College Expenses?
With the multiple issues that must be addressed during the divorce process, it is understandable that tackling the subject of your child’s future college expenses can feel overwhelming, especially when such educational concerns are not immediate. Preparing to fund an education set to take place in the very distant future may not be the first priority on your list while going through a divorce, but it is still an important task when it comes to securing the proper financial means for your child to expand their education down the road.
Who Is Responsible After the Split?
In many states across the nation, Illinois included, courts recognize a child’s need for a college education. This means the courts may have the right to order one or both parties in the divorce to pay for an array of college expenses for the child they share together. They may do this by tapping into the property and income of each parent, or even through the estate of a deceased parent. The law requires the petition for these funds to be raised within a certain timeframe.
Three Sources of Marital Dissatisfaction that Can Lead to Divorce
Although divorce is extremely common and many couples go through mutual, civil splits that result in healthier, happier lifestyles, the experience itself is never something we hope for as we begin the marriage journey. Sadly, many marriages fall apart due to a number of external and personal reasons, many of which are at times simply out of our control. According to the American Psychological Association, various psychological studies reveal that stress due to such factors can cause even the strongest relationships to unravel.
Factors that Contribute to Marital Dissatisfaction
Findings from the National Center for Health Statistics (NCHS) report that women have a 52 percent chance of making it to their 20th wedding anniversary, while men have a 56 percent chance. With odds like these, how do we know which marriages will survive and which ones won’t make the cut? Studies show that the answer to this question is rooted deeply in our behavioral patterns. How we fight, communicate, and address conflict all contribute to the chances of our marriage working out.
Four Common Predictors of Divorce
As we work through the everyday bumps that come with navigating a relationship, it can be difficult to recognize whether the problems we face are typical roadblocks that every couple experiences - those that can be overcome with time and effort- or whether those problems are indicators of much larger issues that can lead to divorce. It is typically these larger, foundational conflicts that create greater risk for potential separation down the road.
Cold Feet or Something More?
According to the American Psychological Association, up to 50 percent of marriages end in divorce, making it apparent that the odds don’t always end in every couple’s favor when it comes to marital longevity. Being able to recognize the signs that indicate trouble early on can go a long way in addressing and managing any existing or looming problems that may eventually lead to separation.
Key Factors that Influence Your Child’s Post-Divorce Adjustment
Navigating the adjustment period after a divorce is a challenge for everyone at the end of a marriage. Depending on the level of tension and conflict in the relationship, the final unraveling of the union has the potential to wreak a significant amount of emotional damage on each party, and it is only natural for even the most peaceful splits to leave some sort of emotional scarring by the time the divorce is official.
The Psychological Effects
The psychological effects of divorce are just as impactful for children, and in some cases, even more so. This is due in part to the critical developmental periods children go through, such as the early teen years, when their minds and bodies are changing rapidly and drastically. The American Psychological Association reports research that indicates children from divorce tend to experience less financial security and have lower academic achievement, tend to drink and smoke more, and have a harder time finding and keeping jobs.
Relocation after Divorce: Factoring in Moving When Creating Parenting Plans
The list of responsibilities to be addressed following a family’s separation is vast. When you have decided to divorce, everything from your finances, routines, and overall lifestyle must be re-evaluated to accommodate the circumstances surrounding your post-divorce life. One important area that requires a significant learning curve for both spouses is parenting. If you and your spouse share a child, the allocation of parental responsibilities (child custody) and parenting time (visitation) must be addressed, including a thorough parenting plan that ensures a healthy transition for the child.
The Relocation Factor
If either parent is planning to relocate shortly after the divorce, both parents are presented with a new set of challenges as the family wades through the transition. Separation is already rife with obstacles and requires multiple emotional, mental, and physical adjustments for everyone involved, but parental relocation can add additional stress to the mix. The American Psychological Association (APA) reports a study from the Journal of Family Psychology that found the following regarding the effects of relocation after divorce on children:
Studies Reveal Men and Women Negotiate Divorce Settlements Differently
Undoubtedly, when couples decide to file for divorce, two of the most emotionally and mentally draining topics that arise following the decision are the division of property and child custody arrangements. If a couple shares a child, the stress of arranging parenting time is only compounded when the subject of dividing belongings is added to the mix. Everything combined calls for multiple lifestyle changes at once, creating a number of inevitable emotional landmines for everyone involved.
Priorities and Perspectives When Dividing Property
When it comes to dividing property, deciding who gets what after the divorce can be particularly distressing due to the finality that surrounds the task. Splitting belongings is the final step in ending a life that was once shared and beginning a new one, making it an overwhelming, burdensome chore for both parties.
Fulfilling Child Support Obligations
Undergoing divorce can be a taxing experience for everyone involved, and adding the task of arranging child support obligations to the mix inevitably adds more pressure to both parents. Under even the most civil of circumstances, it is easy for parents to take offense to the other’s reaction to child support payments, and for the obligated parent to feel burdened by the financial strain the support order entails. Once a proper support order is established, however, there is opportunity for everything to run effectively and efficiently, so long as each party cooperates.
The parent who is granted a majority of the parenting time is usually the parent awarded child support payments. If you are a non-custodial parent responsible for making child support payments, the state of Illinois provides you the following options to ensure you are able to pay on time and in full:
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