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If you and your former spouse share children who are still under the age of 18, moving to a new location after the divorce can be a complicated issue. While a parent may have legitimate personal reasons for the move, it is also often necessary from a legal perspective to consider whether the move is in the children’s best interests, as well as how it may affect the children’s relationship with their other parent. If you believe that your ex’s relocation will be detrimental to your family, you may have options to contest it in court.
One thing to note is that a move to a new location within a short distance is not considered a relocation under Illinois law. While parenting plans will usually stipulate that a parent who moves will need to notify the other parent of the change in address, these moves are less likely to lead to legal complications, and there are fewer options to contest them.
In Illinois, divorcing couples have a few options when it comes to how they reach a resolution on issues including property division, parenting time and responsibilities, and child and spousal support. Perhaps the first option that comes to mind is a court trial in which each party is represented by an attorney, but this is not actually the most common method for resolving a divorce. In fact, the large majority of couples are able to settle their divorce out of court. In many cases, it is a good idea to consider whether an uncontested divorce would work for you before exploring other alternatives.
In an uncontested divorce, the two spouses agree not only on the decision to get a divorce, but also on all important matters that must be resolved for the divorce to be finalized. However, it is rare for a couple to reach this agreement without going through significant discussions and negotiations to figure out the details. Both parties can also choose to hire an attorney to advise them and help them protect their interests, but the right attorney can do so without escalating conflict in a way that may lead to litigation. After creating a written agreement, the couple can submit it to the court for approval so that the marriage is legally dissolved and the agreement becomes legally binding.
Adopting a child is one of the most generous things that a person can do, as it often provides a child in need with a stable home and a loving family. However, the adoption process is not always easy, especially if one or both of the biological parents still have parental rights. This is often the case in a step-parent adoption or related adoption when the potential adopter or adopters are seeking to give the child a better life than the current legal parents are able or willing to provide. In these cases, it is necessary to terminate the current parents’ rights, either voluntarily or by court order, for the adoption to be able to proceed.
Terminating parental rights is typically much easier if the biological parents are willing to consent to the adoption. This may be the case if a parent is uninterested in being part of the child’s life, or if he or she recognizes that the adoption would be in the child’s best interest. A person who cedes parental rights loses standing to pursue parenting time or decision-making authority regarding the child, and also is no longer obligated to provide financial support for the child. There may sometimes be a challenge in locating an absent parent to obtain consent, but if this is the case, there may be other options for terminating parental rights.
Divorce is difficult at any age, but couples divorcing after the age of 50 often face unique complications due to the way their lives have become intertwined over the course of a long marriage. Despite these complications, so-called “gray divorces” are becoming increasingly common. If you decide to get a divorce in middle-age or your later years, you should be prepared to address some of the common issues that these divorces often raise.
While the basic elements of a divorce are essentially the same no matter the couple’s age, they often affect a couple over the age of 50 differently from how they would affect a younger couple. Some important issues that you may need to deal with in your gray divorce include:
Raising children is a challenge under any circumstances, and divorce only introduces further complications. Your children will likely look to you for greater emotional support during this difficult time, and even if you and your former spouse are committed to working together, you are likely to face challenges in coordination. If you and your ex are prone to conflict, co-parenting effectively may seem next to impossible. However, it is possible to establish a productive co-parenting strategy that can reduce stress and lead to a better life for you and your family.
Every co-parenting relationship is different, and some are more conflict-ridden than others, but the following suggestions can help you be a better co-parent under almost any circumstances:
Unlike some other states, Illinois does not require divorcing couples to divide marital property in half between them. However, it does require them to divide assets equitably to prevent either party from facing excessive hardship, and in order to do so, it is important to know how much the marital property is worth. Valuing property can be one of the most complicated parts of the divorce process, but with the help of an experienced attorney and financial professionals, you can better ensure an outcome that protects your interests.
Before beginning the process of valuing marital assets, it is important to determine which properties are considered to belong to the marital estate, and which are considered individual, non-marital property. In general, non-marital property is that which was acquired by either spouse before the marriage, whereas marital property is that which was acquired by either spouse during the marriage, except through an inheritance, gift, or a few other exceptions. In some cases, however, non-marital property may have been combined or commingled with marital property in a way that makes it difficult to isolate during a divorce. It is usually a good idea to work with a personal accountant or another financial professional to help you distinguish marital and non-marital property.
In an Illinois divorce, couples must divide all marital property equitably according to their personal situation. In order for a fair distribution to occur, it is important to ensure that neither spouse intentionally harms or selfishly uses property belonging to the marital estate in the time leading up to the divorce. If you believe that your spouse has been dissipating marital assets, it is important to work with an attorney to gather evidence and present your case to the court to make the situation right.
In order for a spouse’s spending or use of property to be considered dissipation of marital assets, Illinois law states that it must take place after the marriage has started to break down irretrievably. The behavior must also involve marital property, generally meaning assets acquired during the marriage that are considered to belong to both spouses. A spouse using his or her own non-marital assets during this time will likely not affect the divorce resolution.
In Illinois, many couples choose to get a divorce simply due to irreconcilable differences that prevent them from resolving the issues in their marriage. However, in some cases, a more serious problem is at the root of the decision to divorce. Domestic violence, including intimate partner abuse and child abuse, affects millions of American families, and many experts report that incidents of domestic abuse have increased during stay-at-home orders resulting from the COVID-19 pandemic. If you have decided that a divorce is the best option to protect yourself and your children from an abusive spouse, you should be aware of how the abuse may affect the process.
Though an amicable divorce can often be resolved between the two parties with minimal involvement of the court, a divorce involving domestic violence is much more likely to go to trial. Attempting to negotiate with an abusive spouse is unlikely to be successful, and it may put you at risk of additional abuse or manipulation. Instead, you should work with an attorney who can help you prepare for your case and protect your interests, including by documenting your financial assets and evidence of your spouse’s abuse.
If you are getting a divorce, especially in your later years, one of your biggest concerns is likely how it will affect your financial situation. Specifically, you may wonder what will happen to your retirement savings and whether you will still be able to retire as planned. In order to prepare for the impact of your divorce on your retirement, it is important to understand both Illinois property division law and the tax implications of different retirement accounts.
Under Illinois law, all marital property is to be divided equitably between spouses as part of a divorce resolution. This does not mean that the division has to be exactly equal, but it should be fair to both parties and prevent either from facing undue hardship. In some cases, the details of the division of property are left to the court’s decision, but divorcing couples also have the opportunity to reach an agreement of their own and submit it to the court for approval.
Effectively managing conflict is an important skill in many areas of your life, but it is especially important throughout the divorce process. You may find that emotions are running high between you and your spouse, and chances are that the two of you will not agree on every aspect of your divorce resolution, even if you are attempting to divorce amicably. With these things in mind, you should aim for an approach that helps you resolve conflicts, or at least keep them under control.
When you and your spouse seem to be at an impasse, here are some suggestions to handle the conflict and keep your divorce negotiations on track.
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