After a long and stressful divorce, finally receiving that piece of paper with the judge’s declaration that you are no longer married can be a sigh of relief. However, if you have children, you will never truly be able to be completely free from your ex-spouse. Even after you have settled everything, come up with your parenting plan, and received your divorce decree, you may still have to work out certain issues with your spouse in the future. For example, there are restrictions on where and how far a parent can move with their child without notifying the other parent and the court of the move. If you notify your child’s other parent of an impending move, and they object to your planned relocation, you will then have to take extra steps to ensure you comply with state laws.
Notify the Other Parent and Try to Work Out an Agreement
Before you do anything, you are required to notify the other parent if your move qualifies as a relocation. Your move will be considered a relocation if you are moving more than 25 miles away from your current home in Cook, Kane, Lake, DuPage, McHenry, or Will County, or if you are moving to a different state.
If you notify your ex-spouse, and they do not object to your relocation, you can then negotiate a new parenting plan that can be approved and put into place by the court. If you are having trouble coming to an agreement, you will be ordered to attend mediation to attempt to work this out, though an agreement cannot always be reached....
Although many people who enter into marriage believe it will last their lifetime, that is not always the case. A couple may choose to get divorced for many reasons, such as infidelity, financial problems, mental illness, or simply because they grew apart. In some cases, they may have gotten married very young and as they matured, realized that they did not have anything in common or their interests or goals were not aligned. Some older couples may come to this realization after they raised their children and are empty nesters. Regardless of when you end your marriage or your age, you can find love again. In these situations, you may want to make your relationship legal by getting remarried. Even though you have been through it before, a remarriage can present its own set of challenges, especially if you have children. Talking with an experienced Illinois family law attorney can help make sure your rights are protected this second time around.
In Illinois, spousal support may be awarded in certain divorce cases. For example, if one spouse stayed home to raise kids while the other spouse worked full-time, the stay-at-home parent is likely to receive payments as part of the divorce settlement until he or she can become self-sufficient. This financial relief can be paid out monthly or in one lump sum. However, it automatically ends when the receiving spouse gets remarried. The only exception to this rule would be if the former spouses agreed to a set duration regardless if either one remarries. On the other hand, if the paying spouse remarries, spousal maintenance may not be affected, unless the court determines that his or her former spouse is employable and should stop receiving payments....
Couples who are considering getting a divorce have another option besides permanently dissolving their marriages. For some couples, a divorce is necessary and in their best interests, but for others, a legal separation may be a better solution. Legal separation shares some similarities with divorce, but it has certain differences, as well as some unique benefits.
Legal Separation Basics
In legal separation cases, a couple who is no longer living together has the option to make arrangements for property division and parental responsibilities without actually filing for divorce. The couple will remain legally married, and thus cannot remarry until a formal divorce has been finalized; however, each spouse will be granted certain rights, protections, and privileges when it comes to debts, assets, and children. Additionally, maintenance and child support concerns are typically discussed during legal separation proceedings. Couples may choose to divide marital property during the proceedings, but they can also delay these negotiations until a formal divorce is filed.
Illinois law requires that the couple be living apart to file for legal separation. Either spouse may file, and either spouse may ask the Court for “reasonable support and maintenance” while the pair is living apart. It is important to note that the Court will enter orders for maintenance, child support, and parental responsibilities, if necessary, but the Court will not order the division of marital property in a legal separation. An agreement between the spouses, however, may be approved by the Court....
Recently, Kelly Clarkson filed for divorce from her husband, Brandon Blackstock, after nearly seven years of marriage. Clarkson is worth an estimated $45 million and is stating that she wants her prenuptial agreement enforced. Reportedly, the prenup outlines an arrangement for legal and physical joint custody of their children, and Clarkson is asking the court to terminate Blackstock’s right to ask for spousal support. The case was filed in a Los Angeles court, but would the court approve her requests if she filed in Illinois? How can you ensure that your premarital agreement is enforced in the Prairie State?
What Makes a Prenup Invalid in Illinois?
Generally speaking, premarital agreements in Illinois are enforceable as long as the agreement is in writing and both parties have willingly signed it. However, there are instances in which a premarital agreement may not be enforced. These include:...
During a divorce that involves children, one parent (typically the non-custodial parent) will usually be ordered to pay child support to the other parent. However, the one constant in life is change. When life changes affect a parent’s employment and the income he or she earns, modifications to child support orders may be necessary. This can ensure that a parent will not be required to make payments that he or she cannot afford, and it can make sure that both parents are continuing to meet their children’s financial needs.
Since Illinois law takes both parents’ incomes into account when determining child support, if either parent receives a promotion or an increase in pay, the amount of the parents’ child support obligations may need to be recalculated. If you need help modifying your child support order, you should work with an experienced family law attorney....
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....
Deciding to take the final step to end a relationship is never an easy decision, but divorce can become much more complex when one spouse has issues with a psychological condition that compromises his or her capacity. Mental illnesses and cognitive conditions are challenging to recognize and adequately address, and staying in a marriage with a person experiencing these issues may not be advisable if issues of safety and emotional stability are an issue for either spouse.
Divorce requires making a number of significant and binding decisions, and the presence of mental illness or cognitive dysfunction can greatly alter how these decisions are handled, as well as how the impaired spouse may respond to divorce as a whole. The overarching influence of mental illness in some divorces is rarely discussed, primarily due to the stigma associated with mental illness in this country generally. However, mental health issues can take many forms, from alcohol abuse to bipolar disorder, and these issues can affect a relationship in a wide variety of ways. Mental illness will touch more couples than is generally recognized, and it can affect divorce proceedings in the following ways:
Grounds for Divorce
A number of states include a provision in the law that authorizes a divorce if mental incapacity of a spouse is established; however, Illinois is not one of them. Until 2016, Illinois retained a divorce system that was primarily fault-based, and one possible grounds for divorce was drug and alcohol addiction, conditions that are known to alter the abuser’s mental state at least temporarily, and sometimes permanently. Qualified no-fault divorce did exist, but it required lengthy separation and other requirements that could be burdensome to satisfy....
In today's society, many Americans split their lives between in-person interactions and social media communications, and not necessarily in that order. This tendency to put a large chunk of one's life online does not go away when a couple decides to divorce. Social media and other forms of electronic communication (email, text, etc.) can present issues during the divorce proceedings.
In the wake of divorce, emotions can take over and cause a person to say, write or do something out of character as a way to cope with the situation. Before social media, incidents of this type rarely made it to the courtroom. However, social media and electronic communication generally memorializes the behavior and therefore makes using an email or post as damaging evidence in the divorce case easier for the other spouse.
One example of how digital evidence is becoming more prevalent in divorce cases, and in litigation, involves an Illinois man who recently sued his ex-wife for violations of federal wiretapping and privacy laws. The lawsuit claims the ex-wife gained unauthorized access to his email accounts and used them in their divorce case, which spanned from 2011 to 2016, to get a better settlement....
Disputes over child custody and visitation between parents are an unfortunate but common occurrence. Further, when parents separate or divorce, the impact is felt far beyond the core family unit. Relatives and friends often lose valuable and important connections in the aftermath of these decisions, however necessary and well-intentioned. The significance of some of these relationships between a non-parent adult and the child can sometimes be enough to motivate the other adult to explore the possibility of seeking visitation or custody rights if there is a fear that contact will be cut off. However, the law is not especially keen to award parental responsibilities to non-parents, and great pains are taken to limit when exceptions to this policy may apply.
Parents are viewed as the primary and best source to raise a child, and other adults are always considered a last resort. Consequently, non-parent adults are generally unable to receive custody rights over a child, absent extenuating circumstances. A recent example of this policy is evident in the denial of a grandmother's petition for guardianship over her young granddaughter. The child's mother is serving a prison sentence in Bali for murder, but the Court said that even in this situation, the mother's consent to guardianship was necessary. However, Courts are permitted to make exceptions for certain parties seeking custody under specific circumstances.
Who May Petition...