A personal injury accident can happen at any time and under a variety of circumstances. Neither single individuals or married couples are immune from the risk of being injured in a personal injury accident. Depending on the extent of the victim’s injuries and associated expenses, the victim can be awarded a substantial sum of money (sometimes called “damages” or a “compensation award”). These awards are meant to compensate the injury victim for medical bills, lost wages, and pain and suffering (amongst other losses). But will an Illinois divorce court order such an award to be divided if the victim and his or her spouse divorce? The answer: It depends.

When You Receive Your Personal Injury Award before Marriage

If you win your personal injury lawsuit and are awarded damages before marriage, the damages you are awarded will most likely be considered separate property and remain your property if you subsequently marry and divorce. In other words, your personal injury damages would be treated in the same manner as any other property you received prior to the marriage. The divorce court would generally not consider the award’s value when dividing the marital estate between you and your spouse.

In a previous post we discussed the process of substituting a judge in your divorce case. You may recall that a judge who is assigned your divorce case has an obligation to automatically recuse him- or herself if he or she believes that he or she cannot be fair and impartial to either party. Also, the law of Illinois allows each party in a civil case an opportunity to request a substitution of judges without having to provide an explanation or reason as to why the substitution is requested. This must be done, however, before the judge you are wanting to be substituted has made any substantive rulings in your case.

Even where a judge has made substantive rulings, it is still possible to have the judge substituted and a new judge appointed. However, you must be able to show cause as to why the substitution should be granted.

What Does It Mean to Show Cause?

Sometimes it appears as if one party in a divorce case just cannot seem to get anything to go his or her way. Although a court cannot choose to favor one side of a divorce action over another simply because one side is represented by counsel and the other party is proceeding pro se, it does appear that pro se divorce litigants have a more difficult time having motions and requests approved by the court.

This situation may lead the party against whom the court is constantly ruling to conclude that there is only one logical explanation as to why he or she just cannot seem to get the court to rule in his or her favor on any matter: the judge must hate him or her. If you feel as if a judge is biased or prejudiced against you, is it possible to get a new judge appointed to your case? The answer is “yes,” but it does take some work on your part.

How Judges Are Appointed to Hear a Case

Many states in the nation have enacted “no-fault” divorce laws that allow two parties to divorce one another upon a finding of “irreconcilable differences.” In most cases, a finding can be made based on the testimony of one of the spouses that the marriage is irretrievably broken and cannot be salvaged. Often, a finding of “irreconcilable differences” can be made even if one of the spouses objects to the divorce. But in the wake of the U.S. Supreme Court’s decision legalizing same-sex marriage, one Tennessee judge made national headlines when he denied a straight couple’s divorce petition after finding that he needed the U.S. Supreme Court to step in and decide “when a marriage is no longer a marriage.”

Denials of Divorce Occur Infrequently

It should be some relief to know that, despite this judge’s ruling, his line of reasoning does not appear to be gaining much traction across the nation. In fact, it is quite unusual for a court to deny a divorce petition, even where one of the spouses is objecting to the divorce decree. This is not to say that an Illinois divorce is automatically granted, however. There are three  situations in which your divorce petition may be denied and dismissed by the court:

So you’ve met a “special someone.” What’s the problem? Your divorce is not yet finalized. You know that once your divorce is finalized you are free to remarry this person (Illinois does not have a waiting period before a newly-divorced person is able to remarry), but it has been months – perhaps a year or more – and your divorce is not yet complete. There is no prohibition against dating this new person and developing a relationship with him or her; however, doing so while your divorce is still pending can cause certain problems.

Potential Problems of Dating While Divorcing

Dating while your divorce is still pending is not prohibited, but doing so can present some unique issues for your divorce. The effect your new relationship will have on your divorce will depend on your ex-spouse as well as the nature of your new relationship.