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Practical Tips and Options to Get Divorced
Divorce reaches every aspect of a person's life, and often requires adjustments in both behavior and outlook to make the transition possible. People tend to focus on the legal procedure, since divorce has such a pivotal role in finalizing the outcome, but this tendency can make addressing the practical issues of divorce more difficult, as well as ways of approaching the divorce process itself.
The purpose of divorce is to legally end a marriage, but the route taken to arrive at that point does not necessarily need to involve a drawn out, highly-litigated case, though litigation is sometimes necessary. Other, less contentious options are available and worth exploring for some couples.
Practical Tips
While escaping the difficulties of divorce is impossible, some experiences and challenges are almost universal truisms that may be helpful to keep in mind. First and foremost, divorce is not unique. Many people have walked the same path, though the path does take courage and conviction. Further, divorcing couples tend to focus on what they want immediately and over the coming months, instead of the long-term.
Can You Challenge a Prenup?
Outside of the emotional benefits that most people connect with marriage, being married also offers financial advantages for central issues, such as health insurance and tax liability. However, these advantages can turn into detriments if a marriage ends in divorce. Without a prenuptial agreement, parties are expected to divide their assets in roughly equal proportions.
While predicting financial success at the outset of marriage is nearly impossible, couples expecting productive careers and those with substantial assets at the beginning of the marriage often consider premarital agreements to iron out the division of assets and maintenance (spousal support) in case divorce does occur.
The underlying assumption is that both parties enter into these agreements freely and with sufficient information to make an informed decision about the fairness of the arrangement. The reality, of course, is not always so simple, and circumstances may motivate a spouse to challenge the validity of such an agreement when divorce enters the picture.
How Courts Handle Parents Who Are Under- or Unemployed
Raising a child requires a parent to dedicate a large portion of his or her resources to adequately provide for the child's welfare, not least of which is a large financial obligation. Both parents are supposed to share this responsibility. However, this mutual obligation can become a point of contention between divorced and separated parents.
Child support is a Court-ordered duty to pay a set amount for a child's needs that is most commonly issued when parents get divorced or file a paternity a claim against a former partner. Typically, the legal process used to settle child support and custody claims are handled exactly the same, regardless of the marital status of the parties. Until earlier this year, however, Cook County had separate courtrooms for married and single parents. These facilities, which some claimed were dilapidated and imposed an unfair bias on unmarried parties, were shut down in February.
Can Spousal Support Be Modified?
Finances during and after divorce are a concern for many when adjusting to single life on one income. While this change is challenging for those with established careers and secure employment, those who worked only part-time or stayed at home to raise children face a daunting task that is likely to extend into the foreseeable future.
To make this transition easier and to ward off the possibility of falling into destitution following divorce, a spouse has the right to request spousal support or maintenance from the other party. Some couples settle this issue in advance by executing a prenuptial agreement. However, the majority of couples do not address this issue until the marriage is coming to an end, especially if the parties married young or before a spouse achieved financial success in his or her career.
The founder of the Cancer Treatment Centers of America was recently ordered by an Illinois Court to pay his ex-wife $28,000 per month in spousal support, substantially down from the $400,000 she requested. For the party ordered to pay support, this obligation can feel like a never-ending burden that permanently keeps him or her tied to an ex-spouse. However, in some cases, spousal support orders can be modified, or even terminated, if the circumstances are right.
Illinois Formalizes the Collaborative Law Process
Divorce does not have the best reputation for promoting civil and cooperative relationships between spouses. Traditional divorce actions pit the parties against each other in an adversarial process that does everything possible to limit — or completely cut off — direct contact. While this can make moving from the marriage easier, both emotionally and physically, the litigation model of standard divorce cases does not prepare the parties for working together over child custody, or allow them to have much a say in the terms of the divorce decree.
In recent years, the legal system has increasingly favored settling divorce cases in less contentious environments due to the practicalities of limited Court resources and also to facilitate a better outcome for the parties. This reduces the likelihood of needing to return to Court to settle additional issues.
Options for Couples with Family Businesses in Divorce
One of the largest challenges of divorce is dividing marital property. Each party typically has a legitimate claim to assets acquired during the marriage, and the need to relinquish rights over some of this property can be difficult to negotiate and settle. Dividing marital assets becomes significantly more complex if there is a family business involved.
Family businesses constitute a considerable portion of this country's employment and economic growth, but a good number are vulnerable to internal and external changes that threaten their survival, including divorce. The potential risk to a family business's stability following divorce requires obtaining a divorce attorney with experience dividing complex assets to ensure the division is handled properly.
Settlements and divorce orders pertaining to property division should be treated as the final word on this issue, as the Courts will only revisit the division of marital assets in rare and very limited circumstances. Thus, addressing this matter correctly on the first attempt is crucial.
What Can You Do When a Spouse Lies During Divorce?
The stereotypical image of a divorcing spouse doing everything possible to make the other party look bad is, unfortunately, not always an exaggeration. However, Courts are not interested in hearing divorcing spouses badmouth one another and will generally not give this type of information any consideration unless false allegations are made that significantly affect a party's rights. Under these circumstances, the situation changes and becomes more than bickering that may be disregarded.
Falsifying documents or making untrue allegations principally affects a party's rights in property distribution and the allocation of parental responsibilities. Typically, false allegations come in the form of claims of abuse (child and/or domestic), drug use and submissions of fabricated financial affidavits/documents.
While dishonesty between spouses is rarely worth taking legal action, lying or misleading a Court can result in serious consequences. Statements made directly to the Judge and documents filed with the Court all come with the stipulation that the information provided is true and accurate. If the Court later discovers a party intentionally lied or provided erroneous information, the potential consequences can reach both the outcome of the divorce case and include the imposition of criminal penalties.
Is Divorce the Only Legal Process to End a Marriage?
Hearing that a family member, friend or acquaintance is ending his or her marriage automatically provokes the thought of divorce. Divorce is a legal process by which a Court says a couple is no longer married in the eyes of the state, and no longer has rights to the legal benefits granted to those in a valid marriage, such as the right to inherit a spouse's property or have an ownership claim to the marital estate.
Divorce is the most popular method of ending a marriage, especially now that Illinois is a no-fault state. However, another possibility exists for ending a union — annulment.
Annulment is a concept many people take to be antiquated and associated with religion. However, while there is a separate religious procedure to annul a marriage, a Court also has the ability sever a marriage in a similar manner.
Annulment differs from a divorce in that an annulment invalidates a marriage, and treats the parties as if the marriage never existed. Divorce, on the other hand, accepts the validity of marriage, but allows spouses to end the relationship and walk away with some portion of the couple's combined efforts.
Is a Parent Permitted to Restrict or Deny Parenting Time?
Establishing and maintaining a meaningful connection with one's child is one of the primary goals of all parents. While this effort often becomes more complicated as a child grows up, parents that are separated or divorced have an even bigger hurdle to overcome.
Nurturing a relationship with one's child when custody is shared is challenging for both parents, but the parent allocated the lesser amount of parenting time must work even harder to overcome the lack of time together. Parents generally have a right to exercise a reasonable amount of parenting time with their child, and are presumed fit to exercise parental responsibilities unless evidence is submitted to show the contrary. However, in practical terms, one parent — often the mother — is granted a greater share of the parenting time and care taking duties. The other parent, on the contrary, is typically left with weekends — not always consecutive — and one night per week to foster the parent-child connection.
Deciding Medical Care for a Child Post-Divorce
As the summer comes to a close, parents of children entering school for the first time must adjust to the change in routine and their child's daily needs. Yet while this transition is challenging for any parent, those who share child custody have the added factor of coordinating decisions on education, transportation and health with an ex-spouse.
Most schools, including those in Illinois, require all incoming students to prove they received certain vaccinations as a measure of preventing the spread of dangerous diseases. The vaccination of school-aged children has become a controversial issue in recent years, with some parents opposing the practice due to fears that vaccinations can provoke serious physical/developmental reactions in children. A difference of opinion on this issue can create complications when parents are together. However, conflicting viewpoints post-divorce can lead parents to seek Court intervention if a compromise cannot be struck.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
110 N. Brockway Street, Suite 220, Palatine, IL 60067
847.873.6741
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