Recent Blog Posts
When Can Parental Rights Be Terminated in Illinois?
When married parents get a divorce or unmarried parents are separated, arrangements for child custody will be put in place. A court-approved parenting plan will include decisions regarding parental responsibilities and parenting time. While parenting agreements are meant to protect a parent’s rights as a father or rights as a mother, there are some circumstances where a person’s parental rights may be involuntarily terminated. Illinois has extensive rules and guidelines in place to determine when the termination of parental rights is appropriate.
What Are Major Life Events That May Lead to Divorce in Illinois?
Since divorces are “no-fault” in Illinois, a person can end their marriage for any reason they choose. There is no legal obligation for a spouse to justify this decision, as there had been in the past. However, couples may still need to recognize when certain issues or concerns may lead to divorce, including common major life events. When a couple is faced with major changes in their lives, it can be difficult to adapt to this new reality, causing stress on the relationship or exacerbating the problems that were already there, which could lead to divorce.
8 Major Life Events That Can Contribute to Divorce
Excluding any of the typical reasons for a divorce that have more to do with the relationship itself, such as infidelity, here are some common major life events that may lead to divorce:
Are There Any Benefits to Getting Divorced While Pregnant?
While there are many legitimate reasons to postpone or cancel a divorce due to pregnancy, a person may have some compelling reasons to get divorced while pregnant. As difficult as it may be to end your marriage when you are already dealing with the stresses and expectations of impending parenthood, divorce may be the best overall choice for your family. Here is a closer look at the potential benefits of getting a divorce while you or your spouse are pregnant:
Reasons to Divorce While Pregnant
If you are considering a divorce while pregnant and are worried about the consequences, consider these positive aspects of taking such an action:
-
Your Child Will Not Have to Live Through the Divorce Itself—If you get a divorce while pregnant, you do not have to worry about the difficulties your child may face when shifting from having two parents in the same home caring for him or her to receiving care from parents in two separate homes. Researchers estimate that it can take children about two years to fully adjust to a divorce, on average. If your child is born into a single-parent home, or if you and the other parent will be sharing parenting time from the beginning of the child’s life, he or she will not need to make this adjustment.
How Will an Economic Recession Affect Divorce Rates in Illinois?
Governor Pritzker has extended the Illinois Stay-at-Home Order through the end of May, and it could potentially last even longer. While some states are phasing into opening more parts of their economies, Illinois remains focused on the safety of its residents, only allowing essential workers to work outside of their homes. As the unemployment claims keep rolling in, it might be easy to feel like the country, or at least the state, is in the midst of an economic recession or depression. How might this new economic reality in Illinois affect divorce rates?
The Many Potential Effects of a Recession on Divorce Rates
Will an economic recession decrease or increase divorce rates? While a strong case could be made for either outcome, the truth is that this is a nuanced issue. In studying divorce rates before, during, and after the last major recession over the last 10 to 15 years, researchers have found that there is no clear, substantial, and overwhelming data that supports either outcome. In many cases, the likelihood of divorce is dependent upon each family’s living situation. For example, divorce rates might increase as a result of a recession because:
How Has Divorce Changed Over the Years?
Much of the data today suggests that around 40% of all marriages end in divorce, as opposed to the popular belief over the last several decades that divorce is the end result of at least half of all marriages. Even though it may seem like a recent trend, the concept of divorce has actually been around in history for much longer than the last century, and it has always been at the forefront of many spouses’ minds. Here are some interesting facts about divorce and its evolution throughout history:
A Brief History of Divorce
Believe it or not, the idea of divorce may have been around for as long as the institution of marriage itself. For instance, King Henry VIII asked the Pope to let him divorce Catherine of Aragon. After the Pope refused, Henry VIII divorced her anyway, remarrying Anne Boleyn instead, and this would prove to be the catalyst for the Church of England separating from the Roman Catholic Church. Overall, people’s perceptions of divorce and the laws surrounding the dissolution of marriage have changed and evolved over the years in a variety of ways, including:
How Do I Know if My Spouse Has Dissipated Marital Assets?
According to Illinois law, dissipation of marital assets is defined as the use of marital property or assets to solely benefit one spouse for a purpose unrelated to the marriage when the marriage is in the midst of an irreconcilable breakdown. As a marriage undergoes difficult times—and as divorce becomes more and more likely—one or both of the spouses might begin deviating from their usual spending patterns. They might spend marital funds irresponsibly, neglect to pay bills, or enter into major financial agreements, among other things, all without the other spouse’s consent. This could affect the fair and equitable division of marital property during the couple’s divorce.
Common Examples of Marital Asset Dissipation
Can Children Know What Is in Their Best Interests in a Divorce Case?
Throughout the divorce process, if you have children, you and your co-parent will need to devise a parenting plan that clearly defines the allocation of parental responsibilities, parenting time schedules, and other child-related issues. In the state of Illinois, the standard used to determine many of these concerns is referred to as “the best interests of the child.” When decisions are made regarding custody of children of divorcing or separating parents, their best interests have the greatest bearing on the end result. While Illinois has a strict set of guidelines elaborating on those “best interests,” these issues may be open to interpretation, especially since the circumstances surrounding each child custody case are unique. In some cases, determining how much of a say children should have regarding what is in their best interests can be difficult.
When Should I Consider Legal Separation Instead of Divorce?
If you and your spouse are having relationship problems, but you are not ready to deal with the challenges and finality that come with a divorce, you might want to consider getting a legal separation. A legal separation can enable you to do many of the same things you can do through divorce, such as determining parental responsibilities, parenting time, temporary spousal support, and child support. However, you will remain legally married to your spouse, and this can provide a number of advantages.
6 Reasons to Get Separated Instead of Divorced
How Common Is it for Mothers to Pay Child Support in Illinois?
While it might be easy to assume that fathers usually end up being the ones paying child support after divorce, the truth these days is much more complicated than that. Although prior views of fathers being the primary breadwinners and mothers being the primary caregivers in the family dynamic were true for many years, this has become less and less common in this day and age. A look at the latest information proves that the times are certainly changing—as are the trends in child support and spousal support.
Latest Developments in Child and Spousal Support Defy Stereotypes
In 1979, the Supreme Court ruled that all alimony must be viewed as gender-neutral. This opened the door to men not always having to be the ones who are financially responsible for spousal maintenance payments after divorce. Since then, the latest developments in child support and spousal support payments alike have progressed in a way that defies stereotypes. For example:
How Can I Settle Co-Parenting Issues When Staying-at-Home in Illinois?
Over the last few months, it may have become increasingly difficult for you and your co-parent to properly follow your court-approved parenting plan. You both want to fulfill your parental responsibilities and ensure that you can spend a fair amount of parenting time with your kids, but you also do not want to put anyone’s health or safety at risk. Conflicts in these areas may be even worse if you and your co-parent have different philosophies regarding the Illinois Stay-at-Home Order. Governor Pritzker deemed from the beginning of the order that it is essential for parents to honor their court-ordered parenting commitments, but under certain circumstances, doing so might not be a good idea. Here are some things to consider while you both adapt to the “new normal” as co-parents during a crisis: