Recent Blog Posts
Which Parent Pays for College in an Illinois Divorce?
The price of a college education these days can exceed six figures for a four-year degree. According to the College Board, the average cost of tuition and fees in 2017–2018 was $34,740 at private colleges, $9,970 for in-state students at public colleges, and $25,620 for out-of-state students at public universities. Those figures are for one year, and they do not include post-graduate degrees. Considering the expense of a college education, it is essential for parents who are getting a divorce to understand their options when determining who will pay for these costs.
Illinois Divorce Laws
The law states that parents may be required to contribute to the education of the child “as equity may require,” which means a fair division of the expenses. In the majority of divorces, the two parties create a written settlement agreement. This agreement typically, but not always, states how the parents will contribute toward their child’s educational costs. In many cases, the major considerations are:
What Are the Benefits of a Prenuptial Agreement in Illinois?
Filing for a divorce, legally referred to as a dissolution of marriage in Illinois, can be a burdensome process that requires vast amounts of time, money, and effort from both parties. Ending a marriage requires the division of property, real estate, and businesses, as well as settling issues related to custody of children. Fortunately, some of the disputes surrounding these matters can be avoided through the use of a prenuptial agreement, or prenup. Prenuptial agreements have a negative connotation in some people’s minds; however, many divorce attorneys would recommend this type of agreement for any couple planning on getting married. Taking steps to determine how assets will be divided and how other matters will be settled ahead of time could save countless hours of arguing during the stressful and emotional divorce process.
How to Help Children Cope After a Divorce in Illinois
When you and your spouse decide to get a divorce, this decision may have come after careful deliberation and, in some cases, extensive marriage counseling. Each divorce is unique, and your breakup will undoubtedly impact your children in various ways. How your children respond may depend on their age, their personality, and the circumstances of the divorce. The initial reaction is often shock, anger, sadness, or fear. While dealing with these emotions can be difficult, there are ways you and your ex can help your children adjust during this major transition. As with anything in life, going through a divorce can be a learning experience for all involved parties. The coping mechanisms that your children learn for dealing with stress during your divorce may help them grow up to be more flexible, accepting adults.
What if My Ex-Spouse Violates a Court Order in Our Illinois Divorce?
After your divorce is complete, your marriage will be legally dissolved, and you and your ex-spouse will go your separate ways. However, you may still be required to remain in contact with each other, especially if you have children together. In some cases, the enforcement of court orders may be necessary if one party does not meet their legal requirements. If your ex-spouse violates your divorce order, you may be able to take legal action against him or her.
Factors That Influence Court Orders
Allocation of parental responsibilities, child support, spousal support/maintenance, and division of property are some of the most common topics addressed in a divorce decree. The final decisions on these issues may have been made using negotiation, mediation, or collaborative law, or some decisions may have been left up to the judge. Regardless of how these matters were settled, upon the finalization of the divorce, the terms of the decree become a court order that both spouses are required by law to follow.
How Is a Professional Practice Divided in an Illinois Divorce?
When going through a divorce, a couple will need to divide up their property. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property is divided using “equitable distribution.” This means any property or assets acquired during the marriage must be divided fairly, but not necessarily equally. If one spouse is a doctor, dentist, lawyer, psychologist, accountant, or any professional who owns his or her own practice or business, this can complicate matters. Like any piece of the marital estate, several factors will be considered to determine how to divide a professional practice or business during the divorce proceedings. It is important to seek legal counsel so you know your rights when it comes to splitting this valuable asset.
When Does an Unmarried Couple Need a Cohabitation Agreement?
Couples that choose to live together while remaining unmarried are becoming more and more common in today's society. While there are a wide variety of reasons why a couple may not want to establish a legal partnership through marriage, they may wish to create a legal agreement that will protect their rights. A cohabitation agreement is a legally binding contract between partners, and it can establish property rights and describe how certain matters should be handled if the couple decides to break up. In any relationship, it can be difficult to consider a future without the other partner, but protecting yourself and planning for your future through a cohabitation agreement could help avoid unnecessary stress.
How Can a Cohabitation Agreement Be Helpful?
While some states recognize common-law marriage, in which a couple is considered to be legally married if they live together for a certain number of years, Illinois does not provide unmarried couples with the rights afforded to married spouses. While a prenuptial agreement may be created to help couples entering into marriage protect their assets or address what should happen in the case of divorce, these agreements only apply to married spouses. For those reside together and do not wish to be married, a cohabitation agreement can offer similar protections.
How Can a Spousal Support Order Be Modified in Illinois?
Although divorce is a fairly common occurrence these days, every couple’s situation is unique. In some cases, spousal support/maintenance may be awarded to one spouse. Under Illinois law, the court considers various factors when determining whether to award maintenance (also known as alimony), and the law provides guidelines for calculating the amount and duration of support payments. Orders can be modified, however, if a substantial change warrants it. To request a modification of the support amount or to ask that the payments be terminated, the individual seeking the modification must file a petition with the court where the order was originally issued.
Reasons for Modification
Family situations can change due to extenuating circumstances. According to Illinois law, there are several events that constitute an automatic spousal support order modification, including:
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:
How Are Cars Divided Between Spouses in an Illinois Divorce?
In the state of Illinois, the division of property between divorcing spouses includes any cars owned by the couple. How vehicles are divided is determined along with other property and assets during the divorce process. Many couples are able to work together to reach an agreement on how to divide assets, but if a settlement cannot be reached through negotiation, mediation, or collaborative law, the distribution of property between the spouses will be determined in court during a trial.
When deciding who will get which marital assets, the court will consider what is “equitable” rather than what is “equal.” This distinction, which is specific to Illinois and many other states, will be discussed further in our next blog post. Regarding cars in general, there are some guidelines to follow when dividing this type of property.
How Can I Protect Myself from Unwanted Marital Debt During Divorce?
During your divorce, you and your spouse will need to address the ownership of all the property and assets you own together, and this will also include dividing marital debts. As long as debt was incurred during the marriage, it is the responsibility of each spouse, and it must be divided equitably and fairly between the spouses.
What Types of Debts Are Considered Marital Debt?
In general, any debt incurred by either spouse during a marriage is considered to be marital debt. Such marital debt may include:
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Credit cards
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Loans
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Mortgages
One thing to note is that your lawyer might be able to make a convincing case that some debts which appear to be marital debts should not actually be your obligation, because they were taken on for the sole benefit of the other spouse. For example, if your ex-spouse made large credit card purchases while pursuing an extramarital affair, he or she may be solely responsible for these debts.