Posted on December 17, 2016 in Divorce

In a number jurisdictions throughout the United States, a couple may be considered married without ever having the official “walk down the aisle.” Couples who wish to marry but do not want the pomp and circumstance of a large wedding and reception often file the documentation and are legally married. In a few states, there is another option known as common law marriage and skips both the paperwork and the ceremony. When such a marriage is recognized by the appropriate jurisdiction, the law regarding common law marriage offers the same rights of marriage to two individuals that have been together for a set number of years and are presenting themselves as married. Ending a recognized common law marriage is equivalent to a divorce, so it is important to know how Illinois law treats common law marriage.

Is Common Law Marriage Universally Recognized?

The answer is no. Most states—including Illinois—do not recognize common law marriage. The practice was outlawed in Illinois effective June 30, 1905. A few states that do recognize such marriages include:

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 Posted on December 14, 2016 in Divorce

If you have reached the point in your marriage where divorce is becoming more and more of a possibility, it is time to start gathering information about the process. Ending a marriage is going to be challenging, even in the most amicable of situations. You may be able to alleviate some of the difficult by becoming familiar with a few basic concepts that pertain to divorce in Illinois.

Grounds for Divorce

For many generations, a married person could seek a divorce on the basis—or grounds—that his or her spouse engaged in certain behaviors, including adultery, repeated mental and physical cruelty, patterns of substance abuse, and abandonment. Beginning in 2016, however, this is no longer the case in Illinois. Today, a divorce will only be granted on the grounds the irreconcilable differences have led to the irretrievable breakdown of the marriage.

What Are Irreconcilable Differences?

Under Illinois law, “irreconcilable differences” are applied very broadly to a wide range of relationship situations. Irreconcilable differences may develop out of the behaviors that once constituted grounds for divorce or due to countless other factors. Religious disagreements, for example, or opposing philosophies regarding money or parenting could be considered irreconcilable differences if they push the marriage to its breaking point and beyond.

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 Posted on December 07, 2016 in Divorce

While it is true that divorce often brings about a great deal of stress and emotional turmoil for the whole family, many divorces can be resolved mutually and peacefully with minimal damage to everyone involved. No one walks out of divorce entirely unschathed, but the overall impact of the negative effects can be significantly reduced when attention is given to certain key areas.

Encouraging a Healthy Divorce

The American Psychological Association (APA) has identified some of these key areas and has made some helpful recommendations, backed by an array of statistical references from various expert studies and surveys. These important suggestions from the APA can help you and your spouse navigate the divorce transition in a way that minimizes the negative impact on the whole family while allowing you to build a balanced foundation for the future.

The APA says the following three factors have large influence on the outcome of a divorce:

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 Posted on November 23, 2016 in Spousal Support

When you are required to pay alimony—also known as spousal maintenance under Illinois law—your payments are intended to help your former spouse alleviate some of the financial impact of the divorce. To a certain extent, maintenance is also used to help an economically disadvantaged spouse retain a semblance of the lifestyle the two of you enjoyed during your marriage. But, what happens when your spouse meets someone new? Could his or her new relationship affect your requirements for continuing spousal support payments?

An order for spousal maintenance is typically set for a specific number of months or years. Alternatively, the payments may be ordered to continue on a permanent basis. “Permanent,” however, only means that there is no date set on which the order will be terminated. It does mean that the payments will continue forever no matter what. There are certain factors or occurrences that could allow you to stop paying maintenance to your ex-spouse despite a permanent award.

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 Posted on November 18, 2016 in Divorce

Over the last several decades, American society has become much more accepting of divorce than in previous generations. In fact, one could even argue that it has become too accepted. Many of us now speak of divorce very casually, as if it that is something that happens to just about everyone. The reality is much more painful, however, when you are facing the possibility of your own divorce. It is no longer something that happens all the time; it is a major life event that can have long-term effects on your future and that of your children. If you are considering a divorce, you owe it to yourself, your children, and your spouse to be absolutely certain that you are making the right choice.

The Healing Process

For many individuals faced with a likely divorce, they begin to move on as soon as the process begins. If you definitively tell your spouse that you want a divorce, there is no taking it back. You may change your mind, but if you do, your spouse’s ability to trust your word may be greatly diminished going forward. Do not say you want a divorce until you know it is true. This way, you and your spouse can begin to heal in your own ways, even as the proceedings are ongoing.

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 Posted on November 16, 2016 in Divorce

Nearly every American adult has heard the phrase “irreconcilable differences.” It is used as not only the basis for most divorces—all of them now, under Illinois law—but also as the basis for personnel moves in corporate settings and business decisions. While one might define irreconcilable differences as “agreeing to disagree” writ large, the use of the concept in divorce law is a bit more complex than most people realize.

Due, in large part, to unfamiliarity with the law, many people presume that when the time comes for a couple to cite a reason for their divorce, they simply write “irreconcilable differences” on the appropriate form or document. The reality, however, goes beyond the fact that the couple is struggling to get along, as—despite the commonplace nature of divorce—the state of Illinois still recognizes the importance of the marriage contract.

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 Posted on November 11, 2016 in Child Support

Are you a divorced parent who struggles with the limited amount of parenting time that you have been allocated with your child? Such a situation is understandably frustrating for anyone. Even parents who are fortunate enough to share parenting time equally often do not feel that it is enough. These parents are not being selfish; rather, they truly believe that the time they spend with their children offers substantial benefits for everyone involved. There is, however, another frustrating element of shared parenting time that effects many parents: child support. It can be very disheartening to assume responsibility for your child half of the time or more but still be required to make child support payments.

No Current Correlation

As the law in Illinois exists today, there is no statutory relationship between child support requirements and parenting time or parental responsibilities for divorced or unmarried parents. The considerations for each are completely independent of one another, at least as far as the letter of the law is concerned.

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 Posted on November 09, 2016 in Property Division

During a divorce, questions often abound regarding which of the spouses’ assets will be considered marital property and, therefore, subject to division. As with most aspects of divorce, the law itself is relatively straightforward but its real-world application is often very complex. If you are considering a divorce, you should know what the law says and how it applies to your particular case.

Legal Definitions

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains virtually all of the statutory provisions that govern the process of divorce in the state. The IMDMA specifies that, for the purposes of a divorce, marital property refers to “all property, including debts and other obligation, acquired by either spouse subsequent to the marriage,” with certain exceptions. These exceptions include:

• Property acquired by gift or inheritance;

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 Posted on November 04, 2016 in Child Custody

If you are a divorced, separated, or unmarried parent, holidays can present a number of rather unique challenges. In most families, holidays are a time for getting together with loved ones, many of whom who have not seen one another in some time—possibly since the same holiday last year. Of course, parents want their children to be part of the festivities and to visit with family members who may have traveled a great distance for the occasion. If you are subject to a shared parenting agreement, however, it may take some negotiation to figure out where your children will be spending the holidays.

Do Not Wait

While November may have only just started, Thanksgiving is less than three weeks away. This means that you and your child’s other parent should not delay in making plans regarding your holiday parenting time. The first thing you should do, however, is to check your existing parenting plan document, as many such plans contain a holiday parenting time schedule created years in advance to reduce confusion. If your plan does not include a holiday schedule or provides that you will negotiate a reasonable agreement each year, it is time to start preparing for winter holidays.

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 Posted on November 02, 2016 in Child Custody

There are many scenarios that could lead to you having significantly less parenting time with your child than the other parent. Perhaps you were not married when your child was born and the court granted the other parent all of the decision-making responsibilities for the child and most of the parenting time. Or, maybe at the time of your divorce, you had serious issues with anger or showed signs of alcohol abuse, leading the court to limit the danger to your child. Whatever the reason may be, if you have precious little time with your child, you want to make the most of it. If the other parent is making it difficult for you to exercise your right to parenting time, a qualified family lawyer can help.

Get Things in Writing

Being denied access to your child can incredibly frustrating, especially if it is being done out of spite or anger. A finding of danger by the court is one thing, but the unsanctioned actions of the other parent are not acceptable. The first thing you should do if your parenting time rights are being unfairly limited is to keep a record of all communication between you and the other parent. Using emails or text messages instead of phone calls or in-person conversations can provide the documentation you may need down the road. If you ask to see your child and the other parent refuses, document his or her response. Failure by the other parent to comply with your court-ordered parenting arrangement could result in serious consequences for him or her.

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