Recent Blog Posts
New Child Support Rules Coming to Illinois
This summer, the state of Illinois will be changing the way in which child support is calculated throughout the state. The changes are certain to affect future child support orders and are likely to be applied to existing orders if and when the time comes to review them for possible modifications.
There are several important things you should know about the new law—especially if you are considering a divorce and child support could soon be a reality for you:
Both Parents’ Income
Perhaps the biggest change that the new approach will bring is that under the new guidelines, both parents’ income must be taken into account when making the calculation. The existing formula is primarily dependent on the paying parent’s income. Supporters of the change maintain that the present method is very one-sided and, in many cases, unfair to the supporting parent.
Under the new model, the court must account for in the income of both parents to better estimate the financial situation the child would have expected if the parents had remained together. This model—known as “income shares”—is currently used by more than three dozen other states.
Advice on Moving Forward for New Divorcees
Your divorce is finally complete, and the stress from this major life change has settled down. Now what? Mental health and relationship experts agree that there are steps you can take after a divorce to get your life back together and live it to the fullest. If you are recently divorced, many professional recommend that you:
Avoid Over-Using Social Media in Lieu of Real Friendships
After your marriage has ended, you may be tempted to stay in the comfort of your home communicating via electronics instead of having real-life interactions. This is the time you need friends and family the most. Take your friend up on her offer to attend her book club or join your family for dinner. Getting out of the house and being social again will energize you and help you form new friendships separate from your ex-spouse.
Consider Going to Therapy
For some, the idea of seeing a therapist has a negative connotation. They may see it as a sign of weakness or do not understand the purpose of therapy. Having a safe, unbiased, professional individual with whom you can express your feelings and discuss your thoughts is extremely beneficial. By seeing a therapist after your divorce, you are able to mourn the loss of your marriage and work through the tough emotions that come with ending a relationship.
The Importance of Marital Asset Valuation
Dividing a couple’s marital property is often one of the most complex aspects of a divorce. Before the work of dividing the assets can even be started, the cumulative value of the marital estate must be determined as well as that of each asset.
How Marital Property is Divided
Illinois considers all property, with very few exceptions, acquired after the date of the marriage to be marital property. Unless the two sides can reach an agreement on their own, Illinois law requires the court to divide the property equitably. Doing so involves examining all of the relevant factors and dividing the property in a manner that is fair and just, not necessarily equally.
Evaluating Complex Assets
Some assets, such as a business or retirement account, may have been established before the marriage. During the marriage, such accounts most likely increased in value. These increases—beginning with the date of the marriage—are generally considered to be marital property.
Could Social Media Harm Your Divorce Case?
When you are in the midst of a divorce, you have likely spent weeks and months working with your attorney to build a case designed to get you the favorable outcome you desire. While the definition of a “favorable outcome” may vary from person to person, there is at least one universal reality that applies to every divorce case. Things that you say and do in a public forum could eventually make their way into the courtroom and have the potential to undermine your case. This is especially true for posts you make on social media sites like Facebook, Twitter, and Instagram.
Nothing Is Truly Private
If you want to keep something private, do not post it on social media, period. There is always a chance that it will be seen by someone who may have an interest in damaging your divorce case. Sure, Facebook and other social media outlets have privacy settings that are meant to give you control over who can see your posts, but these controls only go so far.
Financial Concerns of Remarriage
The old expression “once bitten, twice shy” is often used to describe a person’s hesitance to try something again after being hurt by that thing previously. The maxim accurately sums up how many people feel after going through a divorce. Couples may enter a first marriage without considering how life’s realities can affect a relationship. Finances, children, in-laws, and jobs are all factors that can overshadow the romantic side of marriage.
People who go through a divorce, however, tend to have a much more realistic view of what a second marriage may hold. This is especially true for those who have gone through a messy divorce—one which may have involved drawn-out battles over marital assets and other finances. Therefore, when you are considering remarriage, there are a number of questions that you should discuss with your partner. Starting out on the same page can go a long way in avoiding another trip to divorce court.
The Question of Pets in Divorce
Millions of American households have at least one dog or cat as a family pet. Of course, many have more than one, as well as a wide variety of other animals. In a significant percentage of homes, dogs and cats are treated as more than just animals—they are truly part of the family. But what happens in a divorce? Can an agreement be made between the spouses so that each can continue a relationship with their furry friends?
Mutual Agreement
According to the law in Illinois, divorcing spouses can agree to just about anything in a divorce, as long as the agreement is reasonable and relatively fair to both parties. Most such agreements can even be included in the divorce judgment by stipulation of both parties. To that extent, pets can receive consideration as more than property in a divorce.
Depending on your specific circumstances and the temperament of your pets, you may need to be especially creative when it comes to developing a workable arrangement. Many animals are extremely sensitive to changes in their environment and would not do well in a situation where they went back and forth between two homes. Cats, for example, require fairly long adaptation periods to new surroundings, as do certain breeds of dogs. Others, however, would be fine to split time with you and your ex-spouse, though most experts recommend longer stretches—several weeks at a time as opposed to several days—to make the animals as comfortable as possible. Check with your veterinarian for his or her advice before you and your soon-to-be ex-spouse make any binding agreements.
Five Mistakes That Could Affect the Allocation of Parental Responsibilities
In many divorce cases, proceedings to allocate parental responsibilities—previously known as child custody in Illinois—are challenging, nuanced, and emotionally-charged for all involved. It is not uncommon for “winning” child custody to become the main focus for divorcing partners and parents.
With such high stakes, the situation can quickly get very intense, and the spouses may have trouble communicating and negotiating. If you find yourself in the midst of a difficult and contentious dispute over parenting responsibilities, it is crucial to keep your child’s best interest as your top priority. To do so, you should make every effort to avoid:
1. Allowing Hostile Feelings to Take Priority Over Parenting
The courts are not concerned with why you and your partner are ending your marriage. If there are children involved and child custody is an issue, then the court is concerned with the short-term and long-term well-being of the children.
Is Sole Custody Still Possible in Illinois?
It is generally accepted by child development professionals and other experts that a child typically fares best after a divorce if both parents continue to play active roles in the child’s life. As a result, child custody laws around the country—including here in Illinois—have evolved to create a more cooperative approach to post-divorce parenting. While the trend toward effective co-parenting is overall a good thing, there are still some situations in which one parent may have good reasons to seek full control over all decision-making regarding his or her child.
Changing Terminology
The sweeping family reforms that went into effect in Illinois last year updated a number of statutes related to divorce and child-focused issues. One of the most noticeable changes—at least to the outside observer—was the elimination of the term “child custody” along with the use of the word “custody” to describe parenting roles or situations. The amended law no longer refers to sole custody or joint custody arrangements, nor does it label either parent as the custodial or non-custodial parent. Instead, the law refers to the entire process as the allocation of parental responsibilities. The intent of the change was to minimize battles over titles and names so that the parents could better focus on what is best for their child.
Unlawful Marriages in Illinois
In June 2015, the United States Supreme Court issued a landmark ruling that effectively legalized same-sex marriages across the country. The decision put to rest decades of debate over certain restrictions that some states maintained in regard to regulating the institution of marriage. The Supreme Court’s ruling, however, did not open the door for any and all couples wishing to marry. Each state, including Illinois, still maintains a series of laws that dictate who is and who is not eligible to enter into a marriage. Under Illinois law, an unlawful or prohibited marriage is one of the few situations in which an annulment may be granted.
What Is an Annulment?
In simple terms, an annulment is a legal acknowledgment that a particular marriage is invalid. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) refers to an annulment as a declaration of the invalidity of the marriage. There are four basic grounds which an annulment may be granted:
Be Sure Before You File for Divorce
When you are going through a rough patch in your marriage, it can be easy to start thinking about what life could be like if you were single again. The stresses and challenges of married life may vary from couple to couple, and for some, the struggles simply become too much. Divorce has become increasingly common in Western culture over the last few decades, and the stigma that was once associated with ending a marriage has all but evaporated. Despite changing attitudes, divorce is still a major decision and a life-changing event, so the decision to divorce your spouse should not be taken lightly.
No Hope for Repairing the Marriage
According to the Illinois Marriage and Dissolution of Marriage Act, a divorce shall be granted to a couple when “irreconcilable differences have caused the irretrievable breakdown of the marriage.” While most people focus on their “irreconcilable differences,” the court must also find that the marriage cannot be saved. In doing so, the court may consider efforts already made by the spouses—such as marital counseling or couple’s therapy—or possible future attempts. If the court determines that reconciliation is not possible or practical, the divorce may proceed.