Recent Blog Posts
Requirements for Uncontested Divorce in Illinois
Uncontested divorce is one of the most popular options for spouses who choose to separate. It does not carry the extreme simplicity and ease in division of assets as a joint simplified dissolution of marriage, but it is simpler than a contested divorce.
- You have not filed for divorce in another state;
Joint Simplified Dissolution of Marriage
Illinois, like many other states, offers different types of divorce option. State law has built-in divorce processes that encourage efficient divorces in an effort to promote the possibility of an amicable divorce.
The Illinois Marriage and Dissolution of Marriage Act allows for a process known as a joint simplified dissolution of marriage. It is an expedited form of divorce for those couples who have limited legal issues to contest or work out. In order to qualify for a joint simplified divorce, both you and your spouse must meet the following qualifications:
Upholding the Rights of Children
Many times, children are the central point of arguments in any family or divorce proceedings. Often, little attention is paid, however, to the rights of children themselves. Parents frequently overlook these rights, instead focusing on their own concerns.
It is important that children are adequately and fairly represented to ensure their best interests are kept in mind. And, in the legal world, there are multiple legal personnel equipped to represent the interests of the children. There can be confusion as to the different options and the names are often used interchangeably, but there are three main options available under Illinois law: guardian ad litem, child representative, and attorney for child.
Contested Divorce – Two-Part Process
When you think of how divorce is portrayed publicly, you may imagine bitter fights between two people who no longer can stand each other. There are many kinds of divorces, and this particular type is called a contested divorce.
- When one party is contesting the very attempt to divorce (i.e. one wants the divorce and the other does not);
- When there is a disagreement over custody and a child’s living arrangement;
Relocating after Divorce
Moving after a divorce is a common practice. Often it happens before the divorce is complete. There are almost no restrictions on where a divorced party can move so long as they meet their agreed upon obligations. The primary time relocation can be tricky is when children are involved.
Relocation Involving Child Custody
It is not uncommon for divorced parents to live near each other, but at the end of the day power or decision of relocating the children lies with the custodial parent. The custodial parent is the parent the children live with primarily. Under Illinois law, the custodial parent has the right to move children after a divorce so long as any stipulations, agreements, or restrictions agreed to in the custody agreement are honored and maintained. Furthermore, despite having the right to relocate, the noncustodial parent still should be notified in advance so they may have the opportunity to object if they so desire. Advanced notice is especially critical for parents looking to relocate out of state, because there are then additional steps that may take place if the noncustodial parent wants to stop the move.
Property Division: Man Saws Belongings in Half Pending Divorce
After receiving the order from the court that all property was to be divided in half as part of the divorce, a German man literally cut all of his property in half – from the car, to his phone, to a teddy bear.
Division of Property in Illinois
The misconception in most cases is that divorces will result in the marital property being divided in half, as in the case of the German story. This, however, is not the case in Illinois. Illinois is known as an equitable distribution state. This means in a divorce case, if the parties cannot come to an agreement on the allocation of the marital property, the court will look to divide up the assets based on what is fair under the circumstances of that particular divorce. The following are some but not all of the factors a court may look into:
Continuing Your (Spouse's) Health Insurance After Divorce
With the recent Supreme Court decision upholding vital components of the president’s Affordable Care Act, it is timely to review how health insurance coverage factors into divorces.
The Illinois Spousal Continuation Law is the state statute designed to protect a spouse and dependent children who lose group health insurance coverage due to death or retirement of the employee, or divorce from the employee, through whom they received coverage (i.e. the other spouse). It applies to Illinois group insurance and accident health plans offered to employees regardless of the size and to fully insured Illinois HMOs. It, however, does not apply to those who are self-insured employers or are part of self-insured health and welfare benefit plans (i.e. union plans). The Act is triggered when the individual holding the insurance divorces his/her partner, but the partner and dependent children were covered by the insurance plan prior to the petition for a divorce being filed.
Common Mistakes in High Asset Divorces
Divorces, no matter the income level, can become very ugly very quickly. This is especially true for high value or high asset divorces in part because there is more room for mistakes. When a couple is attempting to divest various assets and properties, the more on the list, the greater the confusion, tension, and risk.
Common Mistakes
The first and most common mistake made by couples engaged in such a divorce is failing to properly account for all of their assets and liabilities. It is extremely important you take the time to list all of your assets and liabilities. While this may be a time consuming process, it will benefit you during the divorce proceedings. This way, you can account for all of the assets to which you may be entitled and you can account for any debts that may exist.
Divorcing with Disabled Children
Any divorce involving children is exceedingly challenging and emotionally charged, but when a divorce involves disabled or special needs children, the stakes become much higher. The term the “best interests of the child” – one which is used in Illinois – becomes all the more paramount. As such, the approach to a divorce proceeding requires a more nuanced and open-minded touch because the needs of a disabled child will change the calculus and focus of the judge. There are four critical issues that must be addressed with when a divorce involves children with disabilities.
Critical Issues to Consider
The first issue that must be addressed involves visitation agreements and the transition between homes. Typically, in situations involving joint custody, parents alternate weekends or have visits scattered throughout the week. In the case of children with disabilities this may not be the appropriate approach depending on their physical and mental limitations. Changes to a daily routine can be exceedingly problematic for children with mental disabilities because it can be very disruptive and stressful. For example, even something as minute as a different lunch time or babysitter can be very disruptive to a child with autism or similar conditions.
Family Laws Moving towards Equal Child Custody Time
There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.
There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody, on the other hand, is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.