Recent Blog Posts
Does It Matter If I Move Out Before Filing for Divorce?
Right this moment, you can probably think of at least one couple that you know who are living separately but who have not yet filed for divorce. When a couple is having marital problems, it is not uncommon for one spouse to find a new place to live while making decisions about the future of the relationship. This happens so frequently that most people would not consider filing for a divorce while continuing to live in the same home as their partner.
It is important to understand that just because something happens frequently does not make it a requirement. You might be somewhat surprised to discover that the law in Illinois previously required a period of living separate and apart prior to a divorce, but the requirement no longer exists. Today, a couple looking to get divorced could potentially do so without any type of separation at all.
An Antiquated Approach
Most Common Financial Mistakes Made During Divorce
Divorce is not only a personal decision but also a financial one as well. When a couple has mingled their assets and property through marriage, undoing this entanglement can be quite challenging. There are many things to keep in mind when deciding who will get what during your divorce. Should one of you keep the house or should you sell it? Who will keep which car? Will one of you be required to pay spousal maintenance or child support? Divorce can be costly, both emotionally and financially. During your divorce, make sure to avoid these common financial mistakes.
Letting Pettiness Distract You from Your Goals
Understandably, many divorcing couples struggle to cooperate or even to speak civilly. Marriages that end due to an affair or another breach of trust can be especially hard to end amicably. However, allowing negative emotions to drive your behavior during a divorce can be costly. Some couples end up spending thousands of dollars during divorce litigation arguing over issues that are, in reality, not that important. In order to end your marriage quickly and at minimal cost, you may have to swallow your pride and compromise on some issues.
Is Adultery Grounds for Divorce in Illinois?
Being cheated on can be one of the most devastating experiences a person can have. The feeling of betrayal and subsequent mistrust can easily ruin a marriage. If you are considering ending your marriage due to infidelity, you probably have many questions. You may wonder, “Will my spouse’s affair affect our divorce?” or “Will I automatically get custody of the children if my spouse cheated?” There have been several changes to Illinois divorce law in the last few years which directly relates to questions such as these. Read on to learn how an affair can affect divorce proceedings in Illinois.
Unfaithfulness Generally Irrelevant to Illinois Divorces
In TV shows and movies, we often see situations in which a cheating spouse loses everything because of their adulterous actions. We see those who have been cheated on boldly declaring that they will never let their spouse see the children again or that they will lose the house because of their affair. As with many legal concepts in television, this portrayal of what happens when a marriage ends due to infidelity is grossly inaccurate. The reality is that affairs generally do not have much relevance in divorce cases.
Reasons That Your Prenuptial Agreement Might Not Be Enforceable
Prenuptial agreements, also called premarital agreements or “prenups,” are beneficial legal tools couples can use to manage and protect assets. Although they are often associated with celebrity marriages, prenups are not only for the rich and famous. Anyone can benefit from the protections offered through this valuable legal tool, but those who choose to create a prenup must be sure to do it correctly. It is not uncommon for a couple to think that they have a legally-binding prenuptial agreement only to discover it is unenforceable during a divorce. There are several circumstances which can invalidate a prenuptial agreement.
Prenups Must Meet Certain Criteria to Be Legally-Binding
You may remember the outrageous comedy movie Liar Liar. In the film, Jim Carrey’s character is a divorce attorney helping a less-than-ethical client divorce her husband. Although the movie is filled with exaggerations and inaccuracies, the clip in which the client’s prenuptial agreement is found to be invalid in court is fairly realistic. The client had entered into a prenuptial agreement with her husband upon getting married, but it was discovered that she was only seventeen-years-old when she signed it. Minors cannot enter into legally-enforceable contracts such as a prenuptial agreement. So, if one or both of the individuals were under age 18 upon signing the prenuptial agreement, it will not be valid.
Why You Might Object to the Divorce Venue Your Spouse Selected
If your spouse has filed a petition for divorce, he or she had the choice of where the file the petition. This means that your spouse selected the county in which the proceedings for your divorce will take place. You may be somewhat surprised to know that you are not necessarily stuck with the choice your spouse made. He or she may have initiated the divorce action, but you have the right to file an objection to the selected venue. You do, however, need to act quickly.
Understanding Venue
In the practice of the law, the word “venue” means the court system where a given case is heard. It can refer to a county court or a federal district court, but for a divorce in Illinois, a case will be heard in the circuit court of the selected county. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides that a divorce case should be held in the county where at least one of the spouses lives. For example, if the couple has separated, and the wife moved to DuPage County while her husband moved to Will County, the law presumes that the couple will for divorce in either of those counties.
Keep Yourself Healthy During and After Divorce
The Holmes-Rahe Life Stress Inventory ranks the emotional burden of difficult life events. On the list are things like the loss of a loved one, getting fired from a job, and changing careers. Divorce is ranked as the second-most traumatic life event a person can experience. Only the death of a spouse is considered more emotionally-taxing than divorce. If you are going through a divorce, or soon will be, it is imperative that you take time to look after your own health—both physically and emotionally. There is no perfect way to manage the trauma caused by divorce, but experts do have suggestions for keeping yourself as healthy as possible during divorce.
Accept That There Is No Right Way to Feel
Everyone experiences divorce differently. Some individuals are consumed by rage and must constantly check their anger while handling the end of their marriage. Others experience sadness and grief akin to suffering the death of a loved one. Still others feel a great sense of relief or even joy at the thought of ending an unhappy marriage. Whatever your feelings or reactions to the end of your marriage, know that it is okay to feel them. You will probably not experience divorce the same way your friends, family members, or co-workers do. If you are struggling to handle the intense emotions which go along with divorce, guidance from a therapist or counselor can be valuable.
Keeping Costs Under Control During a Divorce
A divorce can be an extremely expensive undertaking in terms of both money and time invested. As a matter of fact, most individuals who are thinking about a divorce tend to ask about the associated costs as one of their first questions. It is impossible to predict exactly how much your divorce will cost you, as the related expenses can vary dramatically from case to case. Your costs will largely depend on the circumstances of your situation, the level of cooperation between you and your spouse, and your expectations regarding the outcome.
Planning Ahead
Preparation is among the most important ways that you can facilitate a cost-effective divorce. Your planning should begin several months before you file your divorce petition. To begin, make a comprehensive list of what you own, including both marital and non-marital property, and think about what your priorities are. Decide which things you want to keep, which things your spouse can have, and which things could go either way. If both of you agree that a divorce is your best course of action, you may be surprised at how well can cooperate at this point.
How Divorce Can Affect Children
If you and your spouse are considering calling it ending your marriage, you probably have many concerns. Divorce will almost certainly have an affect on your finances, living situation, and especially your children. What should you expect your children to experience and feel if you and your spouse go your separate ways? Every situation is unique, but experts largely agree that there are some common things to be aware of when it comes to how divorce will impact your child.
Common Responses Children Tend to Have
It not unusual for you to see behavioral changes in your child during a separation or divorce. Some kids will act noticeably different at first and then adjust over time, while others may keep feelings inside and not immediately react to their changes in their family. In fact, some children will have no reaction at all to the news that their parents are getting divorced. It takes time for kids to process and understand what is happening and what it means for them.
What Happens When a Parent Wishes to Move Out of State?
If you currently share custody of children with an ex or are planning to get divorced as a parent, you probably have many questions. Some parents wonder what will happen if they need to move out of state while in a shared custody scenario. Perhaps a job opportunity or new significant other necessitates the move, or maybe the parent wants to be near extended family. Whatever the reason, moving out of state as a parent sharing custody is possible, but there are a few things you should keep in mind.
You Will Need Approval from the Illinois Court System
The Illinois Marriage and Dissolution of Marriage Act specifies the procedure for when a parent wishes to move out of state. Before a parent in a shared custody scenario can relocate a child from Illinois to a new state, he or she must seek court approval. The primary custodial parent is the parent with more parenting time. Many people incorrectly assume that a primary custodian has the authority to move a child at will, but this is not the case. Both the primary guardian of the child as well as the other parent sharing custody are subject to this requirement. The court is tasked with hearing the reasons a parent wants to move as well as determining if relocating the child is in his or her best interest. The burden of proving that the move is in the child’s best interest lies with the parent requesting the relocation.
Classic Divorce Mistakes and How to Avoid Them
Getting a divorce can be one of the most complicated and stressful experiences of a person’s life. Individuals with a high net worth, business owners, and divorcing spouses with children generally have the most complex divorces. Childless couples or couples who do not own property often have easier, faster divorces, but of course, there are countless factors that contribute to how a marriage ends. Whether your particular situation has confounding factors or not, there are a few steps you can take to make your divorce go as painlessly as possible. If you are planning to divorce your spouse, read on to learn about the most common divorce mistakes and how you can avoid them.
Classic Mistake 1: Overvaluing Your Financial Scenario
The Monty Python boys told us to “Always look on the bright side of life.” While optimism is a valuable tool in many situations, those getting a divorce should be careful not to be too optimistic when analyzing their financial situation. You and your soon-to-be-ex-spouse will have an opportunity to divide your combined property as a part of the divorce. Some divorcing individuals make the mistake of overestimating the financial burden they can realistically manage. For example, a spouse may have a great sentimental attachment to the family home, but would struggle to make the mortgage payment by himself or herself. In a situation such as this, it may be best to sell the family home and split the profits instead.