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How Are Legal Separations Handled in Illinois?
No marriage is perfect, and married couples may encounter relationship issues for a variety of reasons. Some common factors that can lead a couple to grow apart include disagreements about finances or how to raise children, changing priorities that cause a couple to be incompatible, or extramarital affairs. For those who believe that they can no longer make their marriage work, divorce may be the best option. However, many couples are not ready for this permanent, final step, and they may first wish to separate on a trial basis. In other cases, a couple may prefer to stay legally married, even if they no longer wish to have a close relationship or live in the same home. This will allow them to maintain certain benefits and avoid the stigma of a divorce. In these situations, legal separation may be the ideal option.
The Process of Legal Separation in Illinois
For married couples who live in Illinois, a legal separation is handled in a very similar manner as a divorce. The process begins when one spouse files a petition for legal separation with the court in their county of residence. Once the paperwork is filed, the other spouse will be served with the petition and given 30 days to file a response. If both spouses agree on the terms of their legal separation, they can sign a separation agreement that will be submitted to the court.
How Are Disputes About Post-Divorce Relocation Handled in Illinois?
When parents get divorced, they may put child custody arrangements in place to ensure they can be closely involved in raising their children. Maintaining strong parent/child relationships in the years following a divorce can be crucial for a child's well-being. However, these relationships may be affected by a parent's decision to relocate to a new home. If a parent plans to move with their children to a different city or state, and this relocation would impact child custody or parenting time, the parent will usually need to request a post-divorce modification. By understanding the specific laws in Illinois that govern parental relocation, parents can determine their options for resolving disputes in these situations.
When Are Parental Relocation Requests Necessary?
A move to a new home by a parent will only be considered a “relocation” in certain circumstances. A relocation request may be made by a parent who has been allocated the majority of the parenting time with the couple’s children, meaning that children live primarily in their home. These requests may also be appropriate in cases where children spend an equal amount of time with both parents. Parents will need to request approval for a relocation in the following circumstances:
How Can I Make Sure My Prenuptial Agreement Will Be Enforceable?
A prenuptial agreement, or prenup, can be an important legal document that protects married spouses. As a contract between two parties who are planning to get married, a prenup will detail how different issues will be handled if the couple chooses to get a divorce in the future. Typically, a prenuptial agreement will be limited to addressing financial issues, such as property division or spousal maintenance. A prenup can provide both parties with the assurance that certain issues will be handled correctly if their marriage ever ends, and it can remove the possibility of conflict by resolving some disputes ahead of time. However, to avoid disputes related to the terms of an agreement, it is important to make sure a prenup will be valid and enforceable.
Addressing Concerns About Prenup Enforceability
A prenuptial agreement is a legal contract, and both parties will need to be sure they fully understand all of the terms of the agreement and have the mental capacity to make sound decisions about financial matters. Once a prenup has been signed, and a couple has been legally married, its terms will usually be enforced in the event of a divorce. However, there are a few rare situations where a prenup may be determined to be unenforceable.
When Is a Spouse Eligible for Spousal Support in an Illinois Divorce?
When a married couple splits up, they will often need to make significant changes to the ways they handle financial issues. A couple that had combined their finances, deposited income into joint accounts, and worked together to pay bills and other expenses will need to separate their finances and determine how they will each be able to pay various costs on their own. While this process can be complicated and difficult, spouses will usually be able to make adjustments to ensure that they will each be able to live comfortably on a single income. However, there are some situations where one spouse may be unable to fully support themselves after their divorce, such as when a stay-at-home parent did not work outside the home during their marriage. In these situations, one spouse may believe that they should receive spousal support from the other. By understanding when a spouse may qualify for this form of support, a couple can ensure that this issue will be handled correctly during the divorce process.
Are Parents Required to Pay Expenses In Addition to Child Support?
In most family law cases involving children, child support will be ordered. Child support is usually a factor when parents choose to divorce, but it may also need to be addressed in situations where parents are unmarried. This form of support is not meant to benefit or penalize either parent, but it is instead a right that is afforded to children so that their ongoing needs will be met. Parents will need to understand how child support payments will be calculated, and depending on their unique circumstances, they may also be ordered to contribute to additional expenses on top of child support ordered by the court.
How Parents May Share Children’s Expenses
Child support obligations are determined based on the income earned by each parent, and in some cases, the parents’ respective amounts of parenting time may also factor into these calculations. This “basic support obligation” is intended to cover children’s daily needs, and the parent who receives payments may use them to address the costs of food, clothing, and housing. However, there are usually other costs involved in raising children, and in addition to the basic obligation, expenses such as the following may need to be added to this amount:
What Caretaking Functions Are Considered in Child Custody Cases?
Parents may become involved in child custody disputes during a divorce or the breakup of an unmarried couple. In these situations, making decisions about how parents will share legal custody and divide parenting time can be difficult. When addressing these issues, it is important to understand how the laws in Illinois may affect a case. Even if a couple plans to negotiate a parenting agreement rather than resolving disputes in the courtroom, knowing how the law addresses their situation can help them make the right decisions. One issue that may play a role in these matters is the way parents have handled and expect to continue handling “caretaking functions” for their children.
What Are Caretaking Functions?
Parents will engage in a number of activities as they provide care for their children, ensure that children’s needs are met, and help children grow and develop successfully. Illinois law details a number of these caretaking functions, and it states that parents are responsible for engaging in these functions during their parenting time. When determining how to allocate parenting time between parents, one factor that may be considered is how each parent has been involved in caretaking functions for their children during the two years immediately preceding the initiation of a divorce or child custody case.
Update: Can I Spend Money or Give Away Assets Before My Divorce?
Originally published: February 16, 2021 -- Updated: May 25, 2022
UPDATE: Below, we look at how the divorce laws may address attempts by a spouse to hide or conceal assets prior to or during their divorce. However, it is also important to understand how the law addresses the dissipation of marital assets. Dissipation is the use of marital property for non-marital purposes after a marriage has begun to undergo an irretrievable breakdown. Asset dissipation can take many forms, including cases where a spouse spends money on an extramarital affair, such as by taking vacations with a lover or buying them gifts. However, it may also involve purchasing items or using marital funds for a person’s sole benefit, spending money on a drug or gambling addiction, or purposely destroying property with the intent of harming the other spouse.
During the property division process, a spouse may make an asset dissipation claim stating that they believed the other spouse engaged in improper behavior by spending, wasting, or destroying marital property. However, they will need to show that these actions occurred after the marriage started breaking down beyond repair, and a claim must be made within three years after a spouse discovered that the alleged dissipation took place. Claims of asset dissipation cannot address any actions that took place more than five years before the divorce process began when one spouse filed a petition for dissolution of marriage. If a court determines that asset dissipation occurred, the spouse who dissipated assets may be required to reimburse the marital estate for the value of the dissipated assets, or they may receive a lesser share of marital assets upon the completion of the couple’s divorce.
When Can a Child Custody Order Be Modified?
There are a multitude of different issues that will be addressed during a couple’s divorce, and at the end of the legal process, a divorce decree or judgment will be issued. This final order is meant to remain in place indefinitely, and it will address how certain issues will be handled going forward. For couples who have children, their divorce decree will include a child custody order, which is sometimes referred to as a parenting plan. There are some cases where these orders may no longer adequately address a family’s needs, and based on changes that have occurred, either parent may request modifications of their parenting plan. By understanding the requirements they will need to meet for modifications to be granted, parents can make sure they approach these cases correctly.
Post-Divorce Child Custody Modifications
Generally, modifications to the allocation of parental responsibilities (also known as legal custody) may not be made within the first two years after a couple’s divorce, unless there is reason to believe that issues have arisen that may affect a child’s physical or emotional health, such as abuse against a child by a parent or another person in their household. Modifications to parenting time or physical custody may be made at any time if the court determines that they are necessary. Parents may also agree to make modifications to legal or physical custody at any time, and these modifications will generally be allowed, unless the court determines that they are not in the children’s best interests.
How Is the Value of a Family Business Determined During a Divorce?
Issues related to the property a couple owns are often some of the most complex factors that need to be addressed during the divorce process. While multiple types of assets and debts need to be considered during the property division process, determining how to handle ownership of a family business will often be one of the most consequential decisions. Whether a business is considered to be marital property because it was founded after the couple’s marriage or separate property that a spouse owned before getting married, it will be essential to perform a business valuation to determine the value of this asset.
Business Valuation Methods for Divorcing Business Owners
It will be important for both spouses to make sure a business will be handled correctly during their divorce. A family-owned business may be a source of income for one or both spouses, or it may represent a large portion of the couple’s total assets. Even if a business is a separate asset solely owned by one spouse, it will be important to determine the value of this asset to ensure that both spouses have an understanding of their individual financial resources. This can not only ensure that marital property will be divided fairly and equitably, but it may also help determine whether spousal maintenance will be appropriate.
How Do Parents’ Previous Actions Affect Child Custody Cases?
During a divorce, matters related to a couple’s children can often be some of the most complex and difficult issues to resolve. Disagreements about raising children can be a significant factor that leads to the breakdown of a marriage, and these arguments may continue throughout the divorce process as parents determine how they will share parental responsibilities going forward. How parents cared for their children, made decisions, and handled family responsibilities during their marriage may be a significant factor in child custody cases. Some parents may believe that the ways they acted while married should determine the role that they will play in their children’s lives following their divorce, while others may feel that it is best to leave the past in the past and find new solutions as they move forward. When parents encounter disputes about issues related to the custody of their children, they will need to understand how the law may address their previous actions and behaviors.
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