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When a couple gets married, they have high hopes of building a life together. Few ever consider that the marriage may not work out. Unfortunately, people change, and marriages sometimes end. If your marriage has turned sour, you may want to get divorced.
Divorce is a legal process involving both spouses. Consequently, you may wonder if you can get divorced even if your spouse refuses to cooperate or sign the paperwork. The answer is, “Yes,” however, the divorce process may be challenging both personally and legally.
Some spouses cannot accept that their marriage is over. They believe that the marriage is still salvageable and that divorce is the wrong move. This can be extremely frustrating for the spouse seeking a divorce. If you have found yourself in this situation, you should know that you have options. Your spouse cannot deny you a divorce. However, he or she can drag out the process and make it more difficult than it needs to be. An experienced divorce lawyer can be a tremendous asset in a situation like this.
As a parent, it can be extremely frustrating when your ability to make decisions about your children is limited. However, laws about child relocations and moving a child out of state during a divorce ultimately exist to protect children.
If you are in the middle of a divorce and you share children with your spouse, it is important to understand the laws regarding child relocations and out-of-state vacations. If you want to take your child out of the state or out of the country, you will most likely need permission from the other parent. If you wish to move with your child to a new residence, you may need permission if the move counts as a “relocation.” Illinois law considers a move a relocation if:
You move from a home in Cook County, DuPage County, Lake County, Kane County, Will County, or McHenry County to a new residence that is over 25 miles away or outside of Illinois.
You move from a home in another Illinois county to a new residence that is more than 50 miles away or more than 25 miles away and in another state.
During a divorce case, divorcing spouses have the right to negotiate divorce issues and reach an agreement. If they cannot reach an agreement, the court will step in and make a determination on the unresolved issues for the couple. These decisions are formalized in the final divorce decree.
The terms of the divorce decree are legally binding for both spouses. However, the only thing certain in life is change, and sometimes the terms of the divorce must be modified. Read on to learn about post-decree modifications in Illinois and what you should do if you need to modify the terms of your divorce.
One of the most consequential aspects of a divorce case is the division of the spouses’ assets and debts. Property must be identified as either marital or nonmarital, accurately valued, and distributed between the spouses. Typically, property division settlements and judgments are not adjustable once the final divorce decree has been issued. However, there may be exceptions to this in rare cases.
Ending a marriage is never easy. However, some spouses make the divorce process especially difficult. A spouse may refuse to sign divorce paperwork, fail to show up for mediation sessions, insist on unreasonable divorce terms, or take other antagonistic actions. Some spouses go so far as to literally hide from divorce proceedings. Spouses may leave the state or even leave the country, making it nearly impossible for the petitioner to serve them with divorce papers. If you cannot locate your spouse and you want to divorce, do not panic. You still have the right to get divorced. However, you will need to take specific steps to do so.
Typically, when an individual files for divorce, the respondent is served with the divorce petition in person or through certified mail. However, if you do not know where your spouse is, you may be unable to do this. Fortunately, Illinois law offers an alternative. If you cannot locate your spouse, you may be able to get a divorce by publication. You will make your intentions known by publishing a notice of the divorce petition in your local newspaper. However, you can only use this option after making genuine attempts to locate your spouse. If you wish to seek a divorce by publication, you will need to submit an affidavit declaring that you made a good faith effort to find your spouse.
Divorce can have a massive financial impact on both parties. Many divorcing spouses worry about how they will pay their bills without their spouse’s financial support. Alimony, called spousal maintenance in Illinois law, provides an opportunity for financial relief. However, spousal maintenance is only available in certain situations. If you are getting divorced and you or your spouse is interested in pursuing spousal maintenance, an experienced family law attorney can give you advice customized to your circumstances.
Spousal maintenance recipients have traditionally been women, however, Illinois spousal maintenance law makes no distinction between men and women. A spouse may qualify for spousal maintenance if:
The spouses signed an agreement such as a prenuptial agreement that determines spousal maintenance arrangements.
The court determines that spousal maintenance is appropriate given the spouses’ financial circumstances, the duration of the marriage, the standard of living during the marriage, and other statutory factors.
The issue of child custody can be quite contentious. Understandably, parents want the best for their children. When parents, grandparents, or other guardians disagree about what is best for the children, the situation can escalate quickly. In many child custody disputes, a guardian ad litem (GAL) is assigned to the case. The GAL’s job is to advocate for the child’s best interests. If a guardian ad litem has been assigned to your case, consider the following tips.
It goes without saying that divorce, child custody cases, and other family law cases can be quite difficult for children. Younger children may not understand what is going on and therefore reach the conclusion that they have done something wrong. Older children who understand the legal issues may feel awkward and unsure of how to respond. Keeping child-related schedules and routines as consistent as possible can help reduce the chaos brought into the child’s life during this time. It is also important to avoid sharing too much information with the children about the specifics of the case.
About 70 percent of U.S. women change their last name to their spouse’s last name when they get married. Some men also decide to change their last name to their spouse’s last name upon marriage. For many, this tradition is an important sign of love and commitment. When a marriage ends, however, the name may no longer reflect the current reality. Many divorcing spouses wish to change their name back to what it was before they were married but they have questions about how the process works.
Not everyone wishes to revert to their maiden name after a divorce. For many, their name is an important part of their identity. Your name may have significant personal value to you – even if you share it with someone you are divorcing. You may also want to keep your married name so you can have the same name as your children.
For others, their name is an important part of their career. They fear that changing their name will make it harder for potential customers, clients, or investors to find them. This being said, there is no rule stating that you must change your name after divorce. If you choose to keep your married name, that is completely up to you.
Divorce terminates a marriage. Once a couple is divorced, they are free to marry others. There is no reversing a divorce. Legal separation does not end a marriage, but it can provide important legal protections to spouses who have stopped living together.
Illinois law allows couples to separate and address many of the same issues that they would address during divorce while still remaining married. Legal separation is much less common than divorce, however, it may be preferred over divorce in some situations.
When a couple is legally separated, they are still technically married. However, they do not live together, share finances, or conduct themselves as a married couple. There are many reasons that some choose legal separation instead of divorce including:
Religious or personal beliefs – For some, divorce violates their religious beliefs or personal values. Legal separation is a good option for people who want to separate from their spouse without actually getting divorced.
Understandably, nearly every divorce involves a certain degree of contention. Divorcing spouses may harbor guilt, resentment, frustration, anger, and grief over the end of the relationship. These intense emotions can make it even harder for spouses to cooperate during a divorce. However, some divorce cases are more contentious than others. If your ex is refusing to sign divorce papers, discuss divorce issues like property division, or allocation of parental responsibilities, you may be unsure of what to do. Read on to learn about Illinois divorce law and how to handle a non-cooperative spouse in an Illinois divorce.
If you are like many people in this situation, you may wonder if it is possible to get divorced without the other spouse’s participation. Can a spouse delay the divorce inevitably by refusing to sign the divorce paperwork? Fortunately, it is possible to get divorced even if your spouse tries to prevent the divorce.
When parents decide to end their relationship, including through divorce, legal separation, or the breakup of an unmarried couple, they will want to make sure their children will have everything they need to grow up successfully. In addition to addressing issues related to child custody and making sure both parents can maintain close relationships with their children, parents will also need to address matters related to child support. This form of financial support ensures that both parents will regularly contribute to meeting their children’s needs. Parents will need to understand how their financial obligations toward their children are determined and what types of child-related expenses will need to be addressed.
Since 2017, the state of Illinois has used an “income-sharing” calculation for child support obligations. The state’s laws provide guidelines for how child support payments are calculated. These calculations begin by determining a “basic child support obligation” using a table that specifies the amount that a married couple at the same income level as the parents in question would usually pay on a monthly basis to provide for their children’s basic needs. This table will provide the appropriate amount of support based on a couple’s combined income and number of children.
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