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How Pets Are Handled in an Illinois Divorce
Many people nowadays consider their pets an important part of their family. Dogs and cats provide companionship and can reduce your anxiety and depression. If you and your spouse have recently filed for divorce, you may wonder who will get the family pet. Your furry family member likely means the world to you, and imagining your life without it may be difficult. In Illinois, pets were once considered marital property in a divorce. However, as of 2018, pets are looked at somewhat similarly to children during divorce proceedings.
Factors Judges Consider When Determining Custody of Pets
Before 2018, pets would be given to one spouse in a divorce based on what was fair and equitable. These days, however, a family court judge will assign custody based in part on the animal’s well-being. A judge may look at many different factors before coming to a decision, such as each spouse’s relationship with the pet and contributions to its care. If one spouse, for example, spends more time with the pet and has paid for the majority of the food, vet and grooming bills, the judge may grant custody to that spouse. Your testimony and evidence of expenditures and care for the pet may help to strengthen your case.
How Much Spousal Support Will I Have to Pay If I Get Divorced in Illinois?
A divorce is a long process and may involve several complexities, including alimony. If you have been the primary breadwinner in your marriage, a judge may order you to pay your former spouse alimony if you get a divorce. Also known as spousal support or maintenance, alimony is typically paid on a monthly basis and intended to support an ex-spouse financially after a marriage has ended.
How Spousal Support Is Calculated in Illinois
In Illinois, spousal support is only part of a divorce resolution if the spouses agree to it, or if the court determines that it is warranted based on each spouse’s situation. Factors that the court will consider include each spouse’s needs, income and assets, and earning capacity now and in the future. If the court decides to order spousal support, there is a standard calculation that is typically used to determine the amount.
If a divorcing couple’s combined income is less than $500,000, a judge will use statutory guidelines to figure out how much and how long maintenance must be paid. In Illinois, spousal support is calculated by taking 33.3 percent of the paying spouse’s net income and then subtracting 25 percent of the receiving spouse’s net income. For instance, if you make $6,000 a month while your ex earns $1,000, you could be ordered to pay $1,750 per month in alimony.
Preparing to Become a Stepparent in Illinois
In the years after a divorce, finding a new partner and planning to remarry can be a major bright spot in your life. If your partner has children, you can also look forward to becoming a stepparent, an experience that can be both challenging and rewarding. You may be intimidated by the prospect of bonding with your partner’s kids, but there are things you can do to help these new relationships develop in a positive direction.
Getting to Know Your Future Stepchildren
If you know that your relationship is serious and could lead to marriage, it is a good idea to start getting to know your partner’s kids. It is normal for children to be skeptical or even resentful of a parent’s new love interest, but spending short periods of time with them can help them grow more comfortable with you and the role you will play in their lives. Make an effort to take genuine interest in the things that are important to your future stepchildren, and find common interests that you can bond over.
What Can Parents of Adult Children Expect in an Illinois Divorce?
Over the last several weeks, we have discussed the common issues that parents of minor children are likely to encounter when getting divorced, focusing on the differing effects on different age groups, including infants and toddlers, elementary-aged children, and teenagers. Adult children, meaning those at least 18 years old, can also be impacted by their parents’ divorce. While you may not need to address matters like child support and parenting time for your adult children, you should still consider how the process and outcome will affect them.
How Does Divorce Affect Adult Children?
What Can Parents of Teenagers Expect in an Illinois Divorce?
In recent weeks, we have looked at some of the common challenges that arise for parents of infants and toddlers and elementary-aged children during the divorce process. This week, we continue with helpful information for parents of teenagers. Parenting teenage children can be challenging even under the best circumstances, and it can be especially difficult to help them cope with your divorce. It is important to make an effort to understand their needs and to address them through your child support order and the allocation of parental responsibilities.
The Effects of Divorce on Teenagers
Teenagers are likely to cope with divorce very differently when compared to younger age groups. On the one hand, their advanced maturity level may help them better understand the reasons for your divorce, and you may be able to have more meaningful conversations with them about the process. However, you should still try to keep the parent-child relationship in mind and avoid treating your child like a friend or confidant, especially when it comes to complaining about their other parent.
What Can Parents of Elementary-Aged Children Expect in a Divorce?
In our last blog, we discussed some of the challenges that Illinois parents of infants and toddlers often face when getting a divorce. We know that parents of children of all ages need support during the divorce process, and we continue this week by addressing some important considerations for parents of children who are in elementary school. The unique needs of children of this age require special attention when it comes to issues like child custody and child support.
How Do Elementary-Aged Children Respond to Divorce?
By the time children reach the age of 5, they are starting to form more lasting memories and become more aware of the world around them. This awareness only increases as time goes on. Elementary-aged children may pick up on signs of the divorce, especially if there is visible conflict between their parents, but they are unlikely to fully understand what is happening and why. As a result, they may have many questions about the divorce, most of which revolve around their concerns that they are at fault. They may be worried that their behavior is making one of the parents want to leave, or even that their parents do not love them anymore. The stress of the divorce can also affect a child’s relationships with their friends and peers, as well as their performance in school and their general mood. In many cases, a child psychologist or family therapist can be beneficial to help children of this age cope.
What Can Parents of Infants and Toddlers Expect in an Illinois Divorce?
The birth of a child is often cause for celebration, and many parents find that their relationship grows stronger as they work together to raise their child. Unfortunately, however, some parents decide that their marriage is no longer working soon after their child is born. Getting a divorce when you have an infant or toddler can be especially hard, and it is important to think carefully about your child’s needs and best interests as you work to resolve divorce issues.
How Does Divorce Affect Infants and Toddlers?
Children under the age of three will not understand the reasons for a divorce, and research suggests that they may not even form lasting memories of the events surrounding the divorce. However, because these years are so important to a child’s development, divorce can still affect them significantly. Hurtful conflict between parents and constant interruptions to the child’s routine can cause trauma with effects that resurface as the child gets older. There may also be more immediately noticeable effects. For example, your child may become more dependent on you or the other parent or regress in their development with regard to sleep routines and potty training.
Attorney Dion Davi Named Justinian Society of Lawyers Chapter President
On May 20, Dion U. Davi, founding attorney of Davi Law Group, LLC, will be installed as President of the Cook County chapter of the Justinian Society of Lawyers. We are proud to recognize Dion for this honor and accomplishment, as well as for his service to the Illinois legal community throughout the last two decades.
The Justinian Society of Lawyers was founded in Chicago in 1921 as an association of attorneys of Italian heritage. It has since grown to encompass more than 250 lawyers throughout Cook and DuPage Counties, many of whom have held prominent positions in the local community as well as in the Chicago Bar Association and the Illinois State Bar Association.
Dion has served as an officer in the Justinian Society for many years, first in the DuPage County chapter from 2006 to 2011, including as President from 2010 to 2011. Since 2016, he has served Cook County’s founding chapter in roles including Secretary, Treasurer, 3rd Vice President, 2nd Vice President, and most recently, 1st Vice President from 2020-2021.
What Can I Do to Make the Illinois Divorce Process Faster?
By the time you decide to file for divorce, you are likely ready to end your marriage as soon as possible. However, an Illinois divorce can be a long process, sometimes lasting many months or more from the filing date to the final approval of the divorce resolution. While it is difficult to avoid the waiting time altogether, several factors can make the divorce process move more quickly, allowing you to put your marriage behind you and move on with your life.
Options for a More Efficient Divorce in Illinois
The longest divorces involve contentious disputes between spouses that require court intervention and trial litigation to reach a resolution. You may be able to expedite the divorce process by committing to a more cooperative, amicable approach to resolving the issues at hand. Any of the following options can also lead to a faster divorce resolution:
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Joint simplified dissolution - This is perhaps the most efficient method for ending a marriage in Illinois, but it is only an option for some couples. You may qualify if you and your spouse have no children and minimal income and assets. In this case, you will need to agree to a settlement regarding the division of marital assets and waive the right to spousal maintenance.
The Effects of Credit Card Debt on an Illinois Divorce
In large part, getting a divorce is a financial transaction that requires the couple to fairly divide their marital assets and debts. This can include everything from the marital home and the associated mortgage, to bank accounts, retirement savings, vehicles, and household items. However, one of the most contentious subjects for many couples is how to handle credit card debt. If your marriage and finances are currently struggling, here are some things you should consider.
Credit Card Debt is a Common Cause of Divorce
A recent study shows that divorce is up to 30 percent more likely for married couples who argue about finances, and credit card debt is a common focus of such arguments. Unlike a mortgage, credit card debt can accumulate due to a spouse’s irresponsible spending habits, sometimes before the other spouse even realizes what is happening. This can contribute to mistrust and resentment that ultimately leads to irreconcilable differences. If you hope to have a chance of saving your marriage, working together to manage your debt may be your best option.
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