Recent Blog Posts
How Should We Communicate Once Our Illinois Divorce is Finalized?
Illinois couples frequently get divorced because they struggle to communicate productively. Unfortunately, communication between high-conflict couples does not always get better once a divorce is finalized. But when a couple shares children, effective communication continues to be essential for many years to come as parents navigate the daily hurdles of school, extracurricular activities, healthcare, and more. If you are going through a divorce and hoping to maintain healthy communication habits throughout your co-parenting experience, here are some tips from divorce experts that may help.
Communicate in Writing Whenever Possible
Avoiding in-person discussions, including phone calls, helps many high-conflict couples avoid situations that can quickly escalate. Divorced spouses tend to be quite good at pushing each other’s buttons and in-person communication allows couples to easily fall into old communication patterns that involve contempt, sarcasm, or dismissiveness. Instead, experts suggest communicating only in writing. Email is the best option for this because it is less urgent than text messaging and allows both parties time to cool off between responses. It also allows both parties to keep each other’s messages, which can make everybody think more carefully about what they say.
How Can You Dissolve a Civil Union in Kane County, Illinois?
Before same-sex marriage was made legal across the United States, gay and lesbian couples could enter into civil unions in Illinois along with their heterosexual peers and share the same rights as married spouses. But like all long-term relationships, not all civil unions last and when a couple decides to break up, the union must be dissolved. If you are in a civil union in Illinois and are contemplating separating from your partner, you may want the help of an experienced civil union dissolution attorney. Here are three common questions about dissolving civil unions in Kane County.
How Do We End Our Civil Union?
Ending a civil union is very similar to ending a marriage. A partner wanting to dissolve their civil union will need to submit a Petition to Dissolve a Civil Union to the local court and, just as with divorce papers, the petition will be served to the partner. And similar to a marriage, certain issues need to be resolved: spousal support, marital asset division, and, if there are minor children, child support payments, parental responsibilities, and parenting time.
How Do I Know When It Is Time to File for an Illinois Divorce?
Before most of us get married, we have idealistic ideas about relationships and how easy our lives will be once we find “the one.” On the day of your wedding, it can be hard to imagine that divorce could ever be on the horizon. Yet relationships are complicated, and the prevalence of divorce is well known.
Spouses in Illinois sometimes get divorced for clear-cut issues like domestic violence and infidelity. But for others, the question of when to leave a relationship can be more complicated. A good spouse does not have to be a perfect person, and life’s challenges can make even the best couple question their ability to overcome a tough time. But when does a tough time last for long enough to make you doubt the permanence of your relationship? While only you can know whether it is right to file for divorce, here are some signs that it may be time to go your separate ways.
You Are Not Longer Intimate - And You Do Not Care
My Ex Is Not Following Our Illinois Divorce Decree. What Are My Options?
Most spouses sincerely hope that the moment they receive their divorce decree, problems with their ex will improve. Although in many cases this is true, for some people, finalizing their divorce is only the beginning of further legal battles. Divorce decrees are legally binding - meaning that to violate the terms of the divorce decree is to break the law - but that does not stop people from simply choosing not to hold up their end of the deal. When this means not paying spousal support or child support, this can have serious consequences for a family. If your former spouse has decided not to follow your divorce decree, read on to learn more about your options for enforcement.
What is Considered a Violation?
For someone to violate a divorce decree, there must be a current, valid court order. Even if you were never married, having a court-ordered parenting agreement and child support order is crucial for ensuring you get the help you need. A verbal agreement between two people is not legally enforceable.
What Happens to Unallocated Maintenance if I Modify My Divorce Decree?
Before January 1, 2019, divorcing spouses in Illinois could sometimes receive something known as “unallocated maintenance.” While most people are familiar with child support and spousal support (also known as alimony or spousal maintenance), unallocated maintenance was less common. Until the law changed, unallocated maintenance allowed spouses to receive money that could be used for both children and themselves, with certain tax implications.
Recent federal tax laws removing unallocated maintenance as an option may have consequences for individuals receiving unallocated maintenance who want to modify their divorce decree. If you are receiving unallocated maintenance and want to learn more, read on.
Tax Implications of Unallocated Maintenance
Child support payments in Illinois are “tax neutral” - the spouse who makes payments cannot deduct them from their taxes, and the parent who receives payments does not pay income taxes on them. But before 2019, spousal support was tax-deductible and the receiving spouse had to pay income tax. Sometimes, unallocated maintenance was used as an option for combining spousal and child support when one spouse made significantly higher income than the other, simplifying matters and providing tax benefits for the receiving and the paying spouse.
Can I Change a Kane County Custody Plan Without Court Approval?
Parents who have busy schedules or frequent changes in schedule may wish to slightly modify their parenting agreement on an ad-hoc basis. If one parent has to work late, he or she may ask the other parent to keep the children for an extra night and take them to school the next morning. Likewise, if extended family comes into town one weekend, parents may agree to switch weekends on a one-time basis so the children can visit with their cousins or aunts and uncles.
As long as both parents agree to make minor changes from time to time, there usually is not a problem. However, frequent or repeated differences in parenting time can put parents at risk because unless a change in the parenting plan has been approved by an Illinois court, it is not legally binding and may even be unlawful.
Risks of Modifying a Parenting Plan Without Court Approval
Parents who struggle to communicate without conflict are at most risk of failing to make minor tweaks and adjustments in their plan from time to time. If you have a spouse who is litigious or who is willing to use the children to rehash old resentment, it is best to adhere strictly to your court-ordered parenting agreement. Failure to do so can result in a spouse who lodges a complaint with a court asking the court to require you to follow the order.
What Makes a Good Prenuptial Agreement in Illinois?
Every state has unique property division laws in the event a couple gets divorced. In contrast to 50/50 property division states, Illinois uses a method known as “equitable distribution” in which spouses, sometimes with the help of a mediator or judge, divide their property and debts in a fair manner.
This method makes sense for couples, but it might not work for others. Engaged couples who worry that Illinois’ equitable distribution method would not properly reflect their wishes or circumstances may want to create a valid prenuptial agreement before they get married. If a prenuptial agreement is legitimate, it supersedes state law regarding property division and allows couples to preemptively negotiate the division of property if they get divorced.
Why Would a Couple Create a Prenup?
Although prenuptial agreements used to be financial instruments mainly for the wealthy and legally savvy, they are becoming more and more common. Couples may benefit from a prenup if they fit into one of the following circumstances:
Does Cheating Affect the Outcome of a Divorce in Illinois?
Getting divorced is never easy, but getting divorced because you found out your spouse was having an affair can be devastating. Emotionally recovering from the broken trust while you are going through divorce proceedings proves to be a major challenge for many spouses, who may justifiably wonder: Does an affair affect a divorce proceeding in Illinois? After all, if a spouse’s infidelity ends a marriage, it may seem like it makes sense for there to be consequences.
But no matter who is responsible for the end of a marriage, Illinois is a no-fault divorce state - meaning that the only reason a couple can give for divorce is irreconcilable differences. Cheating, in and of itself, does not affect the process or the outcome of a divorce. However, behaviors and circumstances commonly affiliated with cheating can affect a divorce.
Can Cheating Affect Custody Arrangements?
Allocation of parental responsibilities and parenting time are not directly affected by infidelity. However, if a parent’s new boyfriend or girlfriend poses a risk to the children, this could affect that parent’s ability to spend time with the children. For example, if a new partner has a history of domestic abuse or is a registered sex offender, courts can take this into account when making decisions about a parenting plan.
What Is a Plenary Order of Protection in Illinois?
Applying for any kind of order of protection is never easy, and is usually preceded by months or years or terrifying emotional or physical abuse. But the state of Illinois takes the safety of its residents very seriously, particularly when they are children, and has several types of orders of protection available to those who need them.
One of these - a Plenary Order of Protection, or POP - is a long-standing order of protection that lasts much longer than an Emergency Order of Protection or “restraining order.” POPs do require a hearing, but because the hearing is evidence-based and requires the presence of both parties, it can grant victims greater protection.
How Can I File for a Plenary Order of Protection in Illinois?
In order to file for any order of protection, you must bring the appropriate paperwork to your local courthouse. This paperwork is available online and can be filled out in advance. Sometimes a clerk may be available to help you fill out forms, but not always.
Do I Have to Give Back My Engagement Ring if We Break Up?
Engagement rings are one of the most exciting aspects of a wedding. Many people dream for years of their perfect ring and are thrilled to find themselves engaged and later married. But just as the ring is a symbol of the hope of marriage, it can also be a source of conflict and sadness when the relationship comes to an end. Many people wonder - What happens to the engagement or wedding ring in a divorce?
When Does an Engagement Ring Have to Be Returned?
Illinois law regarding the ownership of a ring differs depending on whether a couple is married or engaged when the relationship ends. If the couple is engaged, then the person who ends the relationship may determine who keeps the ring.
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