Free Initial Consultations
630-580-6373
Recent Blog Posts
Legal Separation Basics
Legal separation is a process that few people pursue, but it can be important for couples considering divorce to understand. Legal separation is not the same thing as just living apart. Most couples divorcing in Illinois will not be legally separated at any time, but there are some circumstances where legal separation is the best option. Below are some of the basics of legal separation; however, you will want to speak with an attorney to find out whether legal separation is right for you.
So are We Still Married?
When a couple is legally separated they are still married. Therefore, spouses cannot marry anyone else and there is not a divorce decree. However, legally separated couples can ask for child and spousal support from each other, but the marital property itself will not be divided.
What are the Requirements for Legal Separation?
The Divorce Rate is Actually Lower Than People Think
There is a common myth in our culture that half of all marriages end in divorce. However, as recent graphics and articles make clear, that is not true and the figure is closer to one-third, though the rates vary among different groups.
Declining Divorce Rates
Divorce rates peaked in the 1970s and 1980s, and have gone down each decade since. The New York Times “Upshot” column reported that close to 70 percent of the marriages which began in the 1990s "reached their 15th anniversary (excluding those in which a spouse died), up from about 65 percent of those that began in the 1970s and 1980s." Moreover, couples who married in the 2000s are "so far divorcing at even lower rates.”
So even though conventional wisdom cites the divorce rate at 50 percent, the same article estimates that two-thirds of couples that get married today will never divorce.
Reasons for Declining Divorce Rates
Parenting Plan Basics
Illinois law now requires divorcing couples with children to submit a “parenting plan” to the court in order to be granted a divorce. This is part of the changes made by the new Illinois family laws that went into effect January 1, 2016. There are several important rules and considerations surrounding parenting plans and it is advisable to work with a skilled family law attorney to make sure that the plan that gets approved will be one that is best for you and your children.
What is a Parenting Plan?
A parenting plan is a document that lays out the rights and obligations of both parents in relation to the children. A parenting plan specifically allocates parenting time (formerly known as custody and visitation) and other matters that need to be worked out in order to parent separately.
Generally a parenting plan will lay out who has the children when, including birthdays and holidays. The parenting plan may also include agreements about what school the children will go to and perhaps who will pay for it, as well as other important matters like religion, ability for parents to relocate, and decision making powers.
Best Interest of the Child: An Important Part of Illinois Family Law
Have you ever wondered how family court judges make decisions on behalf of children? Illinois, and most other states, uses a standard of the “best interest of a child.” Though the specifics differ between states, the best interest of the child, or BIOC for short, is usually a statutory list that is part of the state’s code that governs family law. Judges must refer to this list as guidance when considering the factors of the situation to decide the BIOC.
Changes to Illinois Family Law
January 1, 2016 brought several changes to Illinois family law, including changes to the list of factors considered for BIOC. One change was that Illinois now has separate—though very similar—BIOC factors depending on whether parenting time or decision-making responsibility for the child is being allocated. Illinois also added some factors that were not previously included.
When a Parent is Incarcerated
Generally, if a parent is incarcerated after being found guilty, they do not cease to be a parent. Illinois courts tend to abide by the axiom that a child benefits most from having both parents in their life, and will try to practice this whenever possible. As such, unless a parent has committed a violent crime, it is likely that a court will at least consider their position in terms of being a factor in their children’s lives.
Parenting Time
When a parent is incarcerated, he or she will lose his or her ability to visit or take care of their children for the period of the sentence. However, this does not mean that his or her parental rights will be abrogated, or even that they should, depending on the nature of the case and the crime committed.
If the parents stay married while the mother or father is in jail, parenting time distribution may change; however, the allocation of parental responsibilities (what used to be referred to as physical custody) likely will not. If a mother elects to divorce an incarcerated father, she will retain physical custody unless clear and convincing evidence is put forward for the child to be surrendered either to the state or to another guardian. A father divorcing an incarcerated mother will have a different path to follow depending on whether he can establish paternity or not. If he can establish paternity, he will be granted custody in most circumstances.
Supervised Visitation 101
Reasons Supervision May be Ordered
There are several circumstances in which a judge may order supervised parenting time. Sometimes a judge will order supervised parenting time based on the facts of a case. Other times one parent may feel that a child is at risk when in the care of the other parent and will ask the judge for visits to be supervised. Or, there may be certain situations that require supervision or no contact, such as when one parent drops off the child to the other parent. However, the reason is always the same: the best interests of the child.
The Illinois Marriage and Dissolution of Marriage Act lays out the factors that a judge will consider in order to find what is in the best interests of the child. Some factors that are taken into account are the wishes of the child, the mental and physical health of the parties involved, the child’s health, and a history of abuse.
Mediation Basics
If you are considering divorce, changing custody agreements, negotiating a prenuptial agreement, or any other family law conflict, you may want to consider mediation. However, it is important to understand the process and whether it may work for you.
What is the Mediation Process Like?
Mediation is a process where the two parties who are looking to make an agreement try to come to a consensus about all the aspects of the agreement. This keeps all outcomes in the hands of the parties. With traditional litigation the judge ultimately gets to decide the parameters of the agreement.
Everyone will not likely get everything they want, but mediation tries to help couples get to a place where they can live with the agreement that is made. Additionally, it is important to understand that the mediator is not a judge and it is up to the parties to make decisions. However, different mediators can offer different levels of direction and you will want to find someone with whom you are comfortable.
How Social Media May Influence Your Divorce or Custody Case
A study has found that high levels of Facebook use are associated with poorer relationship outcomes. Hence, it is not surprising that social media has become part of many family law cases. Therefore, it is important that you are mindful about what you post on social media, especially if you are in the middle of or preparing for a divorce or custody case.
Even if you do not have a family law case on the horizon, however, you should always be aware of what you are posting and the ways it may be used in litigation—it is impossible to truly delete content after it has been on the Internet.
There are common ways that social media is used to influence cases. Yet, as new precedents are being set all the time related to technology and applications, caution when posting is always warranted.
Evidence of Conduct
Think twice before you post pictures of parties or vacations, as those pictures can tell the other side information that you do not want them to know. Even benign pictures in the hands of a skilled attorney can convince a judge of things that you may not want him or her to believe. For example, a picture of you at a party with a drink in your hand can be used as evidence that you have a drinking problem.
Parenting Time Transition Tips
Illinois family law introduced many changes in the beginning of 2016. One of these is a move away from the terminology of “custody” and “visitation” towards the concept of “parenting time.” This is a change in terminology; however, it also asserts the fact that both parents are important parts of the parenting process, though the time that each is allocated may be different. No matter what it is called, going from the care of one parent to another can be stressful for children. However, there are some ways to make parenting time transitions easier for everyone.
Dedicated Transition Time
One psychotherapist recommends that parents spend some fun and distracting “transition time” with younger kids when they are going from one parent to the other. This time can be spent playing, having snacks, singing, or performing other fun activities to help both the child and the parent move towards getting comfortable with the current parenting time situation. Right after picking up a child from the other parent’s house is not the time to engage in a high stress activity.
Affordable Care Act and Divorce
Before the Affordable Care Act, also known as “Obamacare”, came into effect, many couples would put off divorce because employer provided health insurance would no longer cover one of the spouses. One study found that before the Affordable Care Act was enacted, about 65,000 women would lose health insurance coverage after a divorce each year.
Now, many people are able to access health care even after a divorce when their spouse’s employer provided coverage during the marriage. In Illinois, like many other states, a state marketplace provides Affordable Care Act coverage.
Preexisting Conditions
One of the biggest changes that the Affordable Care Act made to health care even affects those who have employer provided coverage, and that is mandating insurance companies to cover preexisting conditions. In the past couples may have been worried about getting new coverage after divorce when one part of the couple developed a health condition during the marriage. Now that people can access new coverage for long standing conditions, couples can make the decisions that work for them without having to worry about illnesses going untreated due to lack of coverage.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
