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The division of property is a major aspect of the Illinois divorce process. Shared assets and debts are part of the marital estate, and when the marriage is dissolved, those assets are divided between the spouses. In most cases, any assets or liabilities acquired during the marriage are included in the marital estate. Assets and debts that a spouse owned before getting married are separate or non-marital property. However, property division is rarely this simple and there are several exceptions to these rules.
Assets and income that a spouse purchased or earned while they are married are typically marital assets. This means that both spouses jointly own these assets. Illinois is an “equitable distribution” state, so these assets are divided equitably during divorce through a negotiated marital agreement or the court.
Separate or non-marital property belongs to only one spouse. Assets and debts that a spouse entered into the marriage with are usually assigned to that spouse during divorce. Typically, separate property includes:
It is no secret that the divorce process can be long and complicated. This is especially true when a divorce involves contentious property division or child custody disputes. Illinois law allows divorcing spouses to petition the court for temporary court orders addressing various issues such as spousal support, child support, and child custody. If you are a parent in the middle of a divorce, you may want to consider getting a temporary child custody order that will dictate custody terms during the divorce process.
Illinois law now refers to child custody in terms of "parental responsibilities" and "parenting time." Temporary child custody orders or "temporary allocation orders" describe the allocation of parental responsibilities and parenting time from the time a custody case is filed until a final order is entered.
A temporary allocation order can address issues such as:
Being accused of child abuse or neglect often comes as a shock to parents. After someone makes an accusation against a parent, the Illinois Department of Children and Family Services (DCFS) will conduct an investigation. Child custody orders may be modified substantially, and parents may even face criminal charges if the DCFS finds that the accusations of neglect or abuse are valid. Parents in this situation have the right to file an appeal and attend a hearing. It can be intimidating to attend a DCFS hearing in Illinois, and many parents feel like the odds are stacked against them. If you find yourself facing a DCFS investigation or hearing, it is important to understand your rights and prepare appropriately.
Parents have 60 days after a DCFS decision to file an appeal and attend a hearing. You have the right to attend your hearing with an attorney. They will help make sure your rights are upheld and that you understand the process. It is also important to be well-prepared for your hearing and to have a good understanding of what will happen on the day of the hearing. During the hearing, an administrative law judge hears arguments and considers evidence from the parents and the DCFS. The parents may also subpoena witnesses to testify for them. After the hearing, the judge will issue a written report in which he or she makes a recommendation to the DCFS about whether to uphold the DCFS's initial decision. The director of the DCFS will review the recommendation and make a determination. If the director finds that there is not satisfactory evidence of child abuse or neglect to confirm the initial complaint against the parents, the report may be erased from the DCFS database, and the parents will not face adverse consequences. Parents also have a right to request a judicial review of the DCFS director's final decision.
Family situations can be extremely complex. Sometimes, a mother gets pregnant unintentionally. She may not have a close relationship with the father or wish for him to be involved in the child's life. Sometimes, the opposite is true. The mother wants the father to be involved in the child's life and support the child financially, but the father refuses to sign the birth certificate or establish paternity.
In this situation, it is important to consider the legal and financial implications of not establishing paternity, as well as the potential benefits of establishing paternity. In some cases, it may be beneficial to take legal action to establish paternity, even if the father is not directly involved in the child's life.
Paternity is the legal father-child relationship. When a married couple has a child, paternity is assumed. If an unmarried couple has a child, paternity is not assumed, and the parents must take additional action to establish paternity.
Parenting time restrictions limit or restrict the amount or type of parenting time allotted to a parent. These restrictions can be used for a variety of reasons, such as protecting the best interests of children or ensuring that parents are engaging in positive co-parenting practices.
In Illinois, parenting time restrictions are used to protect the safety and well-being of children who live in divided households. If there is evidence that a parent has acted in a way that is or could be detrimental to the child's emotional, physical, or psychological well-being, then parenting time restrictions may be put in place. If there is evidence of domestic violence between the parties, parenting time restrictions can help ensure that the children are not exposed to further harm or distress.
Illinois courts generally assume that it is in the best interests of children to have meaningful relationships with both parents. However, if one parent has displayed a pattern of behavior that may negatively impact the child, parenting time restrictions can be implemented. These restrictions can include:
For many years, prenuptial agreements were thought of as antiquated, unnecessary, and unromantic by a large portion of newlyweds. However, attitudes about prenups are changing, and many people now recognize the benefits that a prenuptial agreement can provide. Young couples are signing prenups at rates that are higher than ever before, and there are several reasons for this trend.
One of the most common reasons young couples choose to sign a prenuptial agreement is to protect their assets. This is especially true for couples who have already accumulated some wealth before getting married. In the age of Bitcoin, tech startups, and other modern financial opportunities, it's not uncommon for people in their 20s and 30s to have substantial assets. A prenuptial agreement can ensure that these assets remain separate in the event of a divorce.
Many people misunderstand how, when, and where annulment can take place. In Illinois, annulments are possible, but they are rare. This is because an annulment formally reverses an invalid marriage. Typical marriages are not eligible for annulment. If someone wants to end a valid marriage, their only option is divorce. This blog will explain the difference between annulment and divorce, when a successful annulment is possible, and what you can do if you need to end a marriage you regret.
The law limits who can get married. For example, minors are typically not allowed to get married in Illinois. However, a 16- or 17-year-old may get married if he or she has parental consent. There are also limitations regarding marriage between close relatives. These are “prohibited marriages.” If someone is married and it is later revealed that the marriage was prohibited, the marriage may be annulled.
If you are like most parents, you want the best for your children and that includes reducing any stress your children may experience during the divorce. In a best- scenario, you and your spouse will try to put your emotions aside, regardless of who chose to file for divorce. The last thing you want is for your child to witness hostility between the two people they love most in this world. For many parents, mediation during divorce is healthier for the child because it helps reduce conflict and allows parents to seek a peaceful resolution.
The process of mediation works well when both parties are open to negotiating in good faith and cooperating, while litigation may result in a bitter custody battle that is expensive for parents and traumatic for children. It is very important to have children spend time with each parent during and after a divorce, and just about every court will see it that way. After all, the court wants what is in the best interest of the child.
There has been an uptick in divorces across the nation for people who are over 50 years old. For folks 65 years and older, t the divorce rate has tripled since 1990. Perhaps once someone hits their golden years, they realize they do not want to put up with an unhealthy relationship anymore. Whatever the reason, any divorce comes with financial uncertainty.
If you are getting what is being dubbed a “gray divorce,” chances are you have more assets to divide than other couples and what you think is yours may no longer be the case moving forward. Here are five financial situations you may need to manage.
Any debt that you secured as a couple or even separately during the marriage is considered marital property. According to the state of Illinois, marital debt does not have to be divided equally but it should be split fairly.
Divorcing later in life could destabilize your standard of living and you may be forced to delay your retirement to avoid outliving your savings. IRAs and 401ks are considered marital property if contributions to the accounts were made during the marriage. Come divorce time, those monies will need to be fairly distributed. If contributions to these kinds of accounts were made before either spouse got married, only the percentage of the total balance that accumulated during the marriage is considered marital property.
If you are at each other’s throats like cats and dogs, chances are your divorce will be difficult, to say the least. Fuming over a betrayal or your soon-to-be ex threatening to take the kids can set the stage for an all-out war. Davi Law Group can help you temper your emotions by focusing on the legal process of your high-conflict divorce.
Deciding to end your marriage is never easy but sometimes it is the only solution. The current divorce rate in the United States is 2.3 per 1,000 people. The reason for your divorce often foreshadows whether or not you can negotiate in good faith or if it will be a contentious divorce. Do you feel like you are going down an abyss of repetitive arguments instead of dealing with the legal issues of your divorce? If this is your situation, you need an experienced Illinois attorney who knows how to handle the stresses of a high-conflict divorce.
These divorces should be handled delicately to move the proceeding along and reach a solution as promptly as possible. It is often advised that you only communicate with your spouse through your attorney. You do not have to respond to abusive phone calls or aggressive emails and texts from your spouse. The best course here is to save this as evidence as you work on building your case with your attorney’s help. In severe circumstances, we can petition for a restraining order or limit the ways your spouse can communicate with you.
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