Recent Blog Posts
I Want to Change My DuPage County Divorce Decree. Is This Allowed?
Most divorced couples never want to see the inside of an Illinois courtroom again. But life changes over time, and the circumstances that necessitated certain arrangements in a divorce decree may no longer apply. If you are divorced and have recently experienced a significant change in your circumstances, you may want to petition an Illinois court for a divorce decree modification. Modifications are only approved in specific circumstances; for more information about whether you may be able to request a modification, read on.
When Can a Divorce Decree Be Modified in DuPage County?
A divorce decree usually permanently settles all the issues in a divorce. Property division, child custody arrangements, and spousal support are all described in detail in a divorce decree and courts will not usually modify the terms unless certain requirements are met.
What You Need to Know About Prenuptial Agreements in Illinois
Prenuptial agreements are often associated with very wealthy individuals, and people who seek a prenup may be seen as believing that their marriage will not last. Because of this, a stigma was attached to these agreements, but this has changed over time, and prenuptial agreements are becoming more and more common.
When Is a Prenuptial Agreement Appropriate?
Nowadays, it is routine for marrying couples to discuss, agree to, and sign a prenuptial agreement before they exchange marriage vows and seal their marriage. A prenuptial agreement may be appropriate in a variety of situations, including:
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One spouse has significantly more assets than the other spouse. In this case, it behooves the spouse with significantly more assets to have a prenuptial agreement in place to protect against the incidental or deliberate inclusion of their assets as marital property in a potential divorce. Ordinarily, assets obtained before a couple’s marriage are considered non-marital property and therefore not subject to division or sharing after divorce.
How Are a Couple’s Assets Divided in an Illinois Divorce?
While some people who get married may be doubtful that the marriage will last, the expectation for nearly all couples who marry is that their marriage will last a lifetime.
However, the reality of marriage in America is that more than 22 percent of first marriages end in divorce within five years, and 53 percent of marriages dissolve by the 20-year mark, according to the latest available data from the government. No matter the length of a marriage, one common issue that often arises during divorce is how to handle the division of marital property.
What Constitutes Marital Property?
The first question to determine when addressing property division is what is considered marital property as defined under Illinois law. The law defines marital property as "all property acquired by either spouse subsequent to the marriage." Examples of common marital property include physical possessions such as homes, automobiles, and other assets of value. Marital property also includes monetary assets such as retirement accounts like 401(k)s or IRAs, pensions, stocks and bonds, and life insurance benefits.
Financial Abuse is an Often-Overlooked Type of Domestic Violence
When we think about domestic violence, what often comes to mind is the physical and emotional abuse that domestic violence victims sadly experience. However, financial abuse is also a type of domestic violence which abusers use to control and overpower their victims. Read on to learn about the warning signs of financial abuse.
When One Spouse is Completely Oblivious to Finances
In many marriages, one spouse is more financially-savvy than the other and therefore does the majority of money management. There is nothing wrong with this scenario. However, sometimes this imbalance of financial responsibility starts to become too extreme. When one spouse is solely in charge of the finances and does not allow the other spouse access to information or funds, he or she could be using money to abuse his or her partner. One major warning sign of financial abuse is when one spouse does not have his or her own debit card, credit card, or checkbook and only pays cash for items. Some abusive partners do not allow their victims access to bank accounts because they do not want them to escape the abusive relationship.
When Should You Introduce Your Children to Your New Dating Partner?
Often times, when a married couple splits they go on to meet new people and might even get remarried eventually. Getting a divorce does not mean that a person is destined to be alone or should never date again. However, dating during or after a divorce can be tricky. If your divorce is not finalized and you meet a new romantic interest, when should you introduce him or her to your children? The answer to questions like these are not always absolute, but experts do have advice for those who have met someone new in the midst of a divorce.
Dating During Divorce Can Affect Court Decisions
There are a few instances when a person might still be technically married but has a new romantic partner. Some marriages are over long before they are legally dissolved, and the spouses may physically separate while the divorce process continues. However, when a divorce is in progress, dating during this time can indirectly affect some decisions made by the court. For example, if your new partner has a criminal record or has been accused of child abuse, the court may limit or place stipulations on your parenting time. Depending the specific circumstances, a judge presiding over a divorce has the authority to take new romantic partners into consideration when making decisions about child custody, spousal support (alimony), and parenting time/visitation.
Protecting the Rights of Non-Marital Children
The most recent data available from the Centers for Disease Control and Prevention (CDC) show that approximately 40 percent of all births in the United States in a given year are to unmarried women. While this was formerly a cause for shame or concern, in this day and age, there is often much less stigma, but children out of wedlock do sometimes require additional considerations to ensure their rights are protected. If you are the parent of a child born outside of marriage, it is important to be aware that there may be extra steps you need to take to protect your child legally.
Paternity and Custody
Many of the major disputes over the rights of children occur when custody or parental responsibilities are in question. With marital children, custody arrangements are fairly straightforward, given that Illinois law grants visitation (parenting time) to both parents unless it would endanger the physical, moral, or emotional health of the child. With non-marital children, there are other considerations—namely, the issue of paternity.
More Baby Boomer Women Seeking Divorces
Most people probably think it is unlikely that many couples would divorce after decades of marriage. In reality, this phenomenon of so-called "gray divorces" is a growing trend. Specifically, women over age 50 are more frequently initiating divorces.
According to data from the National Center for Family and Marriage, baby boomer couples now represent one out of every four divorces. This is up significantly since 1990, when baby boomers were only involved in one out of 10 divorces. Such divorces later in life are more likely to be initiated by women. According to a survey by AARP, in marriages among seniors women initiate 66 percent of the divorces.
There are probably a variety of factors behind these trends. Once spouses retire and their children have left the nest couples often spend more time at home together. This may cause differences to be magnified and tensions between the couple to grow. People are also living longer, and may not want to continue to devote time and effort to an unsatisfying relationship.
Child Support and Remarriage
Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.
Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."
Including Both Parents on School Forms
The return of fall signals back-to-school time for children across the country. A new school year brings a flurry of forms for parents of school-aged children to fill out, such as emergency contact information forms and permission slips for who has a right to pick a child up from school. When a child's parents are not married and share child custody, sometimes school forms cause problems down the road if one parent is not included.
It is usually beneficial to list both parents on most school forms, even if one parent does not have primary physical custody. In fact, most custody judgments require both parents to be listed on school forms. If a non-custodial parent is not listed as a person who can pick a child up from school, the non-custodial parent may not be allowed to get his or her child from school if an emergency arises or during times when he or she has parenting time with the child.
While it may merely be an oversight, the child involved is the one who really loses out, when both parents are not listed on the records as the child has less access to the other parent.
Tips for Telling Your Child You Are Getting a Divorce
If your marriage has broken down, you may be considering divorce, although this decision can be a difficult one if you and your spouse have children together. While you may feel that it would be better to stay together for the sake of the children, this may ultimately not be in their best interests, since being exposed to conflict between parents can cause a great deal of stress for children. If you do decide to pursue a divorce, you will want to ensure that your children understand how their lives will change while assuring them that they will have your love and support moving forward.
Things to Remember When Talking to Children About Divorce
Telling your children that you and your spouse will be getting a divorce could result in a variety of strong emotions, including sadness, confusion, and anxiety. One of the very first reactions a son or daughter will have is the belief that he or she is responsible for the breakdown of the marriage. By assuring children that they were not at fault for the divorce in any way and explaining the situation in a way they can understand, you can help relieve a great deal of stress and anxiety. When discussing divorce with your children, it is important to: