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.
Can I Remain on My Spouse’s Insurance After Our Divorce?
One of the greatest mistakes people make during their Illinois divorce is not planning for life after the divorce is over. Because many spouses are covered under their husband or wife’s employee health insurance, they may forget about dealing with health insurance and find themselves scrambling for coverage.
This is especially true for spouses who have been out of the workforce for many years because they are stay-at-home parents or homemakers. Private health insurance coverage can cost hundreds of dollars a month and divorcees may struggle to find a plan they can afford. Fortunately, Illinois has a law that allows individuals to continue receiving health insurance coverage from their former spouse’s plan following the divorce. Although this option does not last forever, it can be a good option for someone who would otherwise be uninsured.
How Can I Stay on My Spouse’s Insurance Plan?
Someone who wishes to remain on their former spouse’s insurance plan following a divorce must notify the spouse’s employer within 30 days of the final divorce decree. The insurance company will then send the non-employee spouse notification of continued coverage and other appropriate forms.
What Can I Do If My Ex Has Left the State with Our Child?
Life after divorce presents a unique set of challenges. Sharing parenting time with an ex-spouse can be very challenging, especially if that spouse refuses to follow the terms of the court-approved parenting agreement.
Illinois always considers the best interests of children when approving or making decisions about parenting agreements, and decades of research supports the idea that children do best when both parents can be involved in their lives. Illinois law, therefore, prohibits parents who share parenting time from moving children a long distance away without obtaining the consent of the other parent. It is important to understand Illinois child relocation laws and what your options are if your ex violates them.
When Can a Divorced Parent Move a Child Out of Illinois?
Tips for Preparing For Your Illinois Divorce
The process of getting a divorce can seem monumental. Besides the emotional upheaval of separating from your spouse, getting divorced can be a long process that requires extensive paperwork and negotiation over complicated topics like assets and parenting time.
However, there are things that you can do before the divorce begins to speed up the process and make it less complex. Doing a little work now to organize and prepare yourself for divorce can save you significant time and money in the future. Here are some great tips for people in Illinois who are preparing for or considering divorce.
Check Out Different Lawyers
Finding an attorney that meets your needs and style is important - you will be working closely together and the attorney-client relationship should be one that makes you feel respected and heard. Have an initial consultation with a few different attorneys and get a sense of your options. A responsible attorney should be honest about your realistic options, respect your priorities, and have an eye towards saving you time and money.
What Is a Cohabitation Agreement?
Couples based in Illinois often decide to live together before, or instead of, getting married. There are many reasons for this, and each couple’s circumstances are unique. Regardless of why a couple decides not to get married, living together for a long period of time presents challenges that are commonly dealt with by married couples or couples in civil unions. However, couples who are legally bound together have certain protections provided to them by law while couples who are only living together generally do not.
That is why many couples choose to create a cohabitation agreement. Cohabitation agreements are legally binding and address issues regarding property rights, including how individual and shared assets will be handled if the couple breaks up. Although everybody has high hopes when they move in with their partner, the truth is that not all relationships last forever. A cohabitation agreement created now protects both partners in the future.
Can Grandparents Get Visitation Rights in Illinois?
Parents are the most important people in a young child’s life, but they are often supported by others who also care deeply about a child. Uncles, aunts, stepparents, and grandparents are all important family members who can develop strong bonds with a child and support him or her throughout their development.
Unfortunately, divorce often has an isolating impact between children and extended family members. This is especially true when one parent is only given partial or limited parenting time, and the parent with parental responsibilities and majority parenting time seeks to restrict the other parent’s access to the child. The limited parenting time can result in little or no contact between the child and extended family members.
In situations like this, grandparents and other relatives may wonder if they can take legal action to ensure they can stay involved in the child’s life. If you have been unable to visit your grandchild and wonder if you have grandparents’ rights, a qualified family law attorney may be able to help you.
What Is the Difference Between a Marriage and a Civil Union in Illinois?
In 2015, the Supreme Court of the United States ruled that same-sex couples all over the nation had the legal right to marry. Illinois was ahead of the curve - in 2011, the Illinois legislature signed the Religious Freedom Protection and Civil Union Act, allowing couples of any sex to enter into a civil union.
Although civil unions were originally a way for same-sex couples to enter into a legally recognized partnership, they may be used for other reasons as well. Civil unions provide couples in Illinois the same legal rights as married couples, but they are not the same as a marriage. In this article, we will discuss the difference between marriages and civil unions, and why people might choose one or the other rather than simply living together.
Why Get a Civil Union Instead of a Marriage?
If couples who enter into a civil union have the same rights as married couples in Illinois, why not just get married? The primary difference between these two options is that civil unions are not recognized by the federal government. This mostly impacts a couple’s finances - a couple with a civil union can enjoy the same rights as a married couple on the state level, but retain the ability to file their federal taxes individually and potentially remain in a lower tax bracket. However, this means that couples in civil unions will also give up the financial benefits that can come from federal recognition of a marriage.
When Can I Get My Illinois Marriage Annulled?
Nobody enters a marriage anticipating an eventual divorce, especially shortly after beginning your lives together. Unfortunately, some people begin experiencing substantial and irresolvable problems with their spouses immediately after getting married. Perhaps your spouse is not who you thought they were; maybe living together has given you a new perspective on what an entire life spent with your spouse would really be like.
Whatever the reason you want to separate from your partner, you may be wondering whether an annulment is an option for you. Many people believe all marriages can be annulled if only they are short enough. However, Illinois law sets forth very specific provisions for when an annulment can take place. In this article, we will answer some common questions about marriage annulments.
What Is a Marriage Annulment in Illinois?
Annulment is no longer a term used in Illinois law. Now, the law refers to whether a marriage can be declared “invalid” - and there are only certain circumstances when this term applies. A marriage can be declared invalid only if it meets one of the following conditions:
Should I Move Out if We Are Getting Divorced?
If you have made up your mind to get a divorce, the first thing you think of may be to get out of a situation where there is so much resentment and hostility. The prospect of freedom is enticing, and you may be tempted to move out right away. But before you pack your bags and head for the door, there are some things you should consider before you leave the family home.
Once You Leave the Family Home, You May Not Be Able to Come Back
When you leave the family home, you leave your spouse in possession of the house and everything inside. While you may have packed your clothes and other necessities, there are likely valuable items such as furniture or items of sentimental value that are still in the home.
Although there are consequences in the property division process for spouses who destroy, hide, or sell furniture and other valuables without their spouse’s permission, this is not unheard of, especially in divorces where spouses are fighting constantly. If you leave and your spouse changes the locks, you may have lost a valuable opportunity to protect your belongings.
Can My Pregnancy Affect My Illinois Divorce?
Knowing when to get divorced is one of the most difficult decisions a woman can make. Many factors influence the final decision, including whether there is any abuse or serious, unresolvable conflict within the marriage. Tolerating certain problems within a marriage may seem manageable to a woman, but once she finds out she is pregnant, she may realize her marriage has deteriorated to the point where she feels as though she can no longer bring a child into it.
This article discusses some of the issues women who are getting divorced while pregnant are likely to encounter. Keep in mind that this is not intended to be legal advice and that an Illinois divorce attorney is the best source for personalized, reliable divorce assistance.
Possible Paternity Disputes
When parents are married, any children born to them are legally presumed to be the biological product of both the father and the mother. However, individuals facing divorce may be involved with other partners. If a child’s paternity is in doubt, courts may require additional steps to verify that the alleged father is, in fact, the biological father. Courts may order genetic testing of the child, in which case they will wait until the child is born. This could delay the divorce proceedings.