When parents are divorced, the death of a parent can create a number of difficulties. If the deceased ex-spouse was the custodial parent, this will likely mean that the other parent will have more parenting time with their child. However, it is important to understand how Illinois courts address child custody in cases in which a parent dies. 

The Courts Are Generally in Favor of the Surviving Parent

When a custodial parent dies, and the courts need to reassign custody of children (known as “allocation of parental responsibilities” in Illinois), they will generally give preference to the surviving parent. The court will typically assume that the surviving parent has a greater interest in the care, custody and control of the child than anyone else. This will generally hold true even when another person, such as a grandparent or stepparent, asserts rights over the child. 

In any divorce, there are a wide variety of complicated issues that must be addressed and resolved, and disputes over child custody, child support and property division can make emotions run high. However, there are some divorce cases that have all of these issues and even more. High net worth divorces can be extremely complex, since they will have the same issues as any other divorce, along with additional factors that can make resolving these cases more challenging. These factors may include:

The Scope of Assets

Typically, there are many assets in a high net worth divorce, and determining how to divide marital property can be difficult, especially when this property includes assets such as real estate, investments and retirement accounts. An asset acquired before the marriage will typically be considered separate property that is not divided during the divorce process. However, if a non-marital asset appreciated in value during the marriage, the courts may view this appreciation as marital property. Determining what assets are considered marital property and how to divide them fairly and equitably during divorce can be a complicated undertaking. 

Parental alienation during divorce is more common than many people think. One study has found that parental alienation plays a part in 11 to 15 percent of all divorces. For the parent being alienated, this can be devastating and frustrating. How does one prove the other parent is attempting alienation of children? Is there anything a parent can do about this? 

What Is Parental Alienation?

Parental alienation occurs when one parent attempts to interfere in his or her children’s relationship with the other parent. This commonly happens during and after divorce, although sometimes it may even begin to happen towards the end of the marriage. 

A parent may commit alienation by telling their children that the other parent does not really love them or does not want to see them. However, alienation is not always so obvious. Sometimes, one parent will simply speak negatively about the other parent in front of the children, such as by blaming the other parent for the divorce, for financial difficulties, or for any other problems the children are experiencing. Over time, children may believe what they hear and start to pull away from the parent they are being alienated from. 

If you feel that your marriage may end in divorce, you are probably wondering about the steps that you will need to follow to complete the process of dissolving your marriage. Since divorce almost always causes financial upheaval, you also may be wondering if you can save money by attempting to complete the process without being represented by an attorney.

Should I File for Divorce Without a Lawyer?

In Illinois, everyone has the right to represent themselves in court and that includes while getting a divorce; however, if you and your ex-spouse will need to resolve disputes through litigation in court, you should seek the help of an attorney. A lawyer will ensure that your rights are protected throughout the legal process and help you understand the steps that will be followed and the requirements.

Getting a divorce is rarely easy. When a couple is facing divorce, they often envision lengthy legal battles in the courtroom. However, divorce proceedings do not have to involve the courtroom at all, and ex-spouses are often able to part ways amicably. When a couple wants to minimize the amount of conflict in a divorce while having control over the terms of their divorce settlement, they often turn toward mediation.

Mediation is a process in which the two divorcing spouses meet with a mediator to come to an agreement on all terms of the divorce, including child custody, child support and property division. Mediation often sounds like the ideal solution because these proceedings are civil and respectful. However, like anything else, mediation does have its own pros and cons. You should weigh these against each other when considering whether mediation is a viable solution for you.

Illinois is an equitable distribution state. This means that when two people get divorced, the courts will divide their marital property equitably, or fairly. This type of property division is usually fairly straightforward, but there are certain factors that can make it more complicated. Today, frozen embryos are one issue that can make a divorce case especially complex.

There are currently hundreds of thousands of frozen embryos in the United States, and because of this, the number of divorces involving frozen embryos is likely to increase. Since the courts in Illinois have not yet set a precedent for dividing frozen embryos between divorcing spouses, the decisions made during a divorce will likely depend on the facts of the case. So, what facts are taken into consideration when frozen embryos were part of a marriage and are now part of a divorce?

Even those who do not regularly follow celebrity news may have heard about the breakup of Khloe Kardashian and Tristan Thompson. Aside from the entertainment aspect of the story, people may be curious about the legal effects of the breakup and how similar matters would be handled in Illinois. Since the couple has a child together, the question of how child custody and child support will be handled may be on some people’s minds.

Child Custody for Unwed Parents in Illinois

When a child is born to a married couple in Illinois, the husband is assumed to be the father of the child. However, that is not the case when the parents are unwed. If unmarried parents break up, the parentage of the child will need to be legally established before decisions can be made about child custody.

Parentage is established in one of three ways in Illinois. The easiest way is for both parents to complete a Voluntary Acknowledgement of Paternity (VAP) in which they both agree the man in question is the biological father of the child. If the parents do not agree to submit a VAP, a court may order DNA testing to establish that the man is the child’s biological father, and an Order of Paternity will be issued. In addition to these options, the Illinois Department of Healthcare and Family Services may also conduct paternity testing and enter an Administrative Paternity Order.

There are few things more difficult for a family to go through than divorce. This is particularly true when there are children involved. Emotions run high, and everyone wants to leave the marriage in a manner that is fair to them, and the entire family can struggle to move on with their lives. In addition to all of this, parents must negotiate a child custody agreement and determine child support obligations. During this process, there are three very important things each parent must keep in mind.

1. Keep Your Emotions in Check

Spouses will normally experience strong feelings when going through a divorce, such as sadness, anger, disappointment and frustration. However, letting these emotions rule child custody negotiations typically results in a longer, more difficult process. Parents should do their best to try to avoid being confrontational during these proceedings, and remember at all times that negotiations are taking place in the best interests of the child, not the parents. In addition, remember that these negotiations can take time. Rather than rushing to reach an agreement as soon as possible, you should ensure that the final agreement protects your parental rights and meets your children’s needs.

2. Know the Laws

Child support is determined by a judge who will use the financial information the two spouses have submitted to make a decision. Due to this, both parents going through a divorce must provide accurate financial documents, and they should be sure to understand the laws surrounding child support.

A study conducted in 2012 showed that many couples choose not to get divorced because they believe it will be too expensive. Even though that study was done several years ago, the same holds true today, and those who are considering ending their marriage may be concerned about the cost of doing so. If you are thinking of getting a divorce in Illinois, you are likely wondering how much will it really cost?

The answer to that question can vary depending on the circumstances of each individual case. However, Illinois is one of the costliest states to get a divorce. In fact, in the Prairie State, the average cost of a divorce is $13,800. When factors such as child support and alimony are involved, the total costs can climb to approximately $35,300. Some factors that can affect these costs include:

The Filing Fee

One cost no couple can get around when filing for divorce is the filing fee. This fee is required in all cases, whether the divorce is contested or uncontested. In Illinois, this fee averages around $289, depending on which county you reside. This is higher than the national average but is still not the highest in the country. In certain situations, such as when a low-income couple is getting a divorce, these fees are sometimes waived.

Hollywood is accustomed to ugly divorces. In 2018, Jersey Shore actor Jenni “JWoww” Farley filed for divorce from her husband, Roger Matthews, and now Matthews is contesting the validity of the couple’s prenuptial agreement. While the concerns of reality TV stars do not apply to most of us, any couple can have a prenuptial agreement. If you are going through a divorce, and you have a prenup, you will want to be sure to understand how Illinois law will apply to your case, including whether your prenuptial agreement can be contested.

Prenuptial Agreement Laws in Illinois

The Illinois Uniform Premarital Agreement Act governs all prenuptial agreements filed in the state of Illinois. This law states that to be enforceable, both parties must agree to the prenup and sign it. The agreement will go into effect on the couple’s wedding day.

The Illinois statute includes some provisions on what is unlawful to include in a prenuptial agreement. These include any terms that violate public policy or criminal statutes. Spouses are also not allowed to waive the right to receive child support or agree that a parent will not be required to pay his or her child support obligations.

The terms of a divorce settlement or judgment will attempt to cover the many different issues the two parties will face as a divorced couple. However, marital settlement agreements cannot possibly cover every situation. One of the most common situations divorced couples with children face is whether or not parents should leave their child alone with another person, such as a babysitter, when they cannot care for them.

It can be upsetting to hear that a child was left with someone other than their parent. This is particularly true when one parent does not personally know the person watching the child. While this type of situation can be stressful and sometimes cause arguments, is it against the law?

The Right of First Refusal

Historically, Illinois did not have many laws on the books pertaining to someone other than a parent watching a child. However, as of January 1, 2014, parents can choose to leave their child with someone else, but they may first have to ask the other parent. This is known as “right of first refusal,” and this right is covered under 750 ILCS 5/602.3. This statute simply requires that, in certain cases, the parent caring for the child could be required to give the other parent the first opportunity to watch them.

Divorce is rarely easy, but there are ways to manage stress and create an amicable separation. Like any other contract, there are ways to leave marriage on secure and reciprocal terms, which is why many married couples choose to pursue an uncontested divorce in Illinois. By doing so, they are reducing the amount of stress felt by both the couple and any children they share. An uncontested divorce can also save both parties time and money.

What Is an Uncontested Divorce?

In an uncontested divorce, both parties agree to the terms of dissolving the marriage. These terms can include everything from the division of property to child custody and child support arrangements. For a divorce to be considered uncontested, both spouses must agree on all terms. If there is even one point of contention, the divorce will be considered contested. At that point, the couple will then need to determine if they wish to use mediation, get a collaborative divorce, or go through litigation in court.

An uncontested divorce is the fastest way to get a divorce in Illinois, often taking as little as a few weeks or months. Getting a divorce any other way can take many months, and it may sometimes take years before the divorce is finalized.

When a couple chooses to get a divorce, it can be one of the most difficult decisions to make. However, once this decision is made, spouses quickly learn that they must also decide how to proceed with their divorce. In many cases, they will want to work together to settle their differences rather than pursuing costly litigation in court. Two methods of alternative dispute resolution are mediation and collaborative law. So, which is best for a couple to choose?

Mediation

During divorce mediation, a couple will work with a qualified mediator. The full mediation process is outlined in the Uniform Mediation Act, found in the Illinois Compiled Statutes. Over the course of several meetings, the mediator will help the couple come to an agreement about the outstanding issues in their divorce. The agreement will include many different terms, including a parenting plan, child support and alimony obligations, and decisions about the division of property and debts.

The mediator will remain neutral throughout the proceedings, and he or she will not make any decisions for the couple. Instead, the spouses will have full control over the decisions made, and the settlement will only be legally binding if both spouses agree on its terms. After an agreement has been reached, the mediator will draft any paperwork that is required. This will include a Memorandum of Understanding that will outline the terms agreed upon.

When Illinois Governor J.B. Pritzker announced a proposal for his new tax plan in Illinois, he sparked debate throughout the state. Some praised what Pritzker called the fair tax law, saying it would only tax the rich and provide more money for low to middle wage earners. However, others have pointed to a major flaw in the proposal, and those opposed to it say it is going to hurt one more group: married couples.

The Marriage Penalty Under Fair Tax Law

Traditionally, when a couple jointly files their state or federal taxes, they file in separate tax brackets from those that file individually, allowing them to take advantage of tax savings. However, whenever two earners of the same household owe more taxes by filing jointly instead of separately, it is considered a marriage penalty. The new tax law proposed by Governor Pritzker does not provide different brackets that allow couples to reap more savings. Instead, couples are likely to owe higher taxes.

Under the proposed new tax law, when filing separately, each of the spouses’ first $10,000 earned is taxed at 4.75 percent. The next $90,000 earned is taxed at a rate of 4.9 percent. However, when a couple is married and filing jointly, the very first dollar made from the second income is taxed at an even higher rate of 4.95 percent.

The property settlement is often one of the most hotly contested aspects of a divorce case due to the financial stakes at play. Giving up a substantial portion of one’s wealth is not easy for some divorcing spouses to accept. Most spouses find a way to make peace with this part of ending their marriage, but others go to great lengths to avoid complying with the court’s orders or executing the negotiated agreement. Unfortunately, this choice can leave the other spouse in precarious financial straits, so it is important to understand the legal options for enforcing a divorce settlement.

An extreme example of tactics to avoid paying a property settlement is playing out in the divorce case of a former Board of Trade head who spent the holidays in jail for his refusal to pay his ex-wife the $18 million settlement she is owed. While most spouses do not have the means to transfer assets out of the U.S. and live abroad to avoid paying a divorce settlement, the mechanisms to force compliance are the same in all cases, and a spouse who violates the terms of a divorce settlement can face serious repercussions.

Petition to Show Cause

When a divorce settlement is entered into court records upon the finalization of the divorce process, it becomes a court order that both spouses are required to follow. A spouse who violates a court order can face serious civil and/or criminal consequences.

Every spouse has possessions they value more than others, and if divorce happens, these seemingly small differences will often take on a new significance when negotiating or litigating a property settlement. With most possessions, a level of detachment remains, even if a spouse does have an affinity for it in divorce. The same cannot be said for pets in most households, and many owners view pets as members of the family. Fortunately, Illinois is one of just a few states that has a law addressing the issue of pets in a divorce.

One woman wanted to prevent another occurrence of a sad situation she experienced at the end of her first marriage when her husband used her attachment to the family dog to get her to make concessions during divorce. When she decided to marry for a second time, she included the issue of pets in a prenuptial agreement so there would no question or fight about it if the marriage ended. Resolving this issue is a large concern for many divorcing couples, so it is important to understand how the law applies to these situations.

Illinois Pet Statute

Most animals that live in a household are there for companionship, and recognizing this distinction, the Illinois statute regarding pets and divorce only applies to pets that are considered companion animals and not those classified as service animals. Further, the animal must be a marital asset, meaning it belongs to both spouses. Assuming these prerequisites are satisfied, a court is empowered to award the pet solely to one spouse, or jointly to both, and is directed to take the well-being of the animal into consideration when making this decision. Thus, the analysis should include some consideration of where the pet would better adjust and thrive under the new circumstances.

Taking care of a child is a monumental task that involves both physical caretaking and making decisions that impact a child’s daily and long-term life. While the specific duties shift over time as the child ages, the responsibilities of a parent never completely go away. Most parents perform these as simply a part of fulfilling this role, and a parent may never stop to consider whether he or she qualifies as a legal parent, or what this designation even means.

The designation of legal parent brings a number of rights and obligations that only certain people are eligible to receive, regardless of the love and care a person may give to a child. Specifically, legal parents are the only adults authorized to make decisions on behalf of the child, particularly those related to education and medical treatment. In addition, only a legal parent is permitted to request access to the child and parenting time in the event of divorce or separation. With all of the non-traditional family structures that make up society today, this status is not the given it was in the past.

Who Is a Legal Parent?

The law is fairly clear on who, when, and how a person is recognized as a legal parent, and practically speaking, fathers are the most affected by these laws. The reason for that dichotomy is that mothers automatically become a child’s legal parent upon giving birth to a child (aside from surrogacy situations), but fathers are not always so easily tied to the birth of a child. However, the law does recognize four situations in which a person is considered a legal parent:

Child support is a relevant issue in any divorce that involves children under the age of 18. Once a judge issues an order for child support, that order is legally binding. If child support is not paid, the courts may find the non-paying parent in contempt of court. There are times, however, when a parent has a problem paying their child support payments. In these instances, is it possible to modify a child support order? It is possible, but it is not always easy.

Determining Child Support Payments

The emotional and psychological fallout of separation and divorce can have a major impact on a family. Once the initial shock passes and the legal process is underway, children start to get a sense that the change of divorce is really happening, and they may need extra support to get through the transition. The need for assistance is especially prevalent in high-conflict divorce cases in which both sides seek outcomes diametrically opposed to one another. These situations often involve animosities that are transferred to the children. Studies have long shown that divorce can lead to a wide range of negative and long-term emotional and psychological damage in children if not properly handled.

Addressing the needs of a child going through a divorce is complicated, and parents may require the involvement of multiple adults to provide sufficient support. For children who are struggling and starting to exhibit destructive behavior, such as depression, skipping school, or outbursts of anger, more direct intervention may be demanded. The courts have the power to order two processes that speak to this situation: custody evaluations and counseling.

Custody Evaluations 

When parents cannot agree on parenting plans, and this stalemate lasts for a long period of time, courts are often asked to step in and make the decision for them. Each family is unique, though, and any decision issued by the courts will affect the quality of life for the parents and children for years to come. To help the court form a better understanding of the family dynamics, and more specifically, the best interests of the child, a judge may order a custody evaluation to look at the relationship between the spouses, the parent/child relationships, and the child’s overall welfare.

Once a married couple decides to split and file for divorce, the inevitable question, sooner or later, is when to move on and start dating again. Dating, in and of itself, presents complications, but when children are added to the equation, their opinions, as well as that of the other parent, may begin to matter.

A parent’s choice to begin a new relationship may play a part in decisions about the allocation of parental responsibilities and other divorce-related matters. Even if a parent begins dating after the divorce has been finalized, the other parent may potentially bring this matter before a judge and ask for a modification of the parenting plan. Thus, while there is no legal prohibition against dating, new relationships may have a practical effect on how a court may view certain behavior, and they may influence child custody decisions.

Dating During a Divorce

From the outside, dating while a divorce is still pending may appear premature, but couples may have extended periods of separation before taking the final step to formally end their marriage. That being said, appearances do make a difference in the outcome of divorce. Thus, starting an active dating life before the divorce has been finalized is likely to produce conflict and increase the odds that the other spouse will be less willing to compromise and more willing to litigate disputed issues. This can leave the other spouse with the choice of accepting a settlement that is less advantageous than they really want in order to avoid the time and expense of litigation, or they may choose to let a judge make the final decisions, which can be unpredictable and unlikely to produce a satisfactory outcome.