Recent Blog Posts
When Modifications to a Divorce Decree Become Necessary
Many people want to believe that after they go through the long process of seeking and finalizing a divorce they can just put everything behind them and never think about any agreement again. However, many agreements may need to be revisited.
Terms of a divorce decree cannot be changed individually by either spouse, so a party will have to seek a modification through the court when they need some kind of major corrective change made to their original divorce decree. You may be able to simplify your case by working in agreement with your former spouse for any modification.
How Modifications Work
Modifications most commonly relate to child custody, parental responsibilities, child support, spousal support, and property division. You have two ways to seek modifications:
- Modifications by Agreement - Assuming that divorcing spouses can come to an agreement on a modification, then this is perhaps the easiest way to seek a modification. You simply submit the agreed-upon request to the court for approval. It is important to remember, however, that any proposed adjustments to child support payments still need to comply with Illinois Child Support Guidelines. An attorney can assist you in negotiating with your former spouse to get an agreed modification proposal to submit to the court.
What Illinois Spouses Should Know About Legal Separation
Legal separation is an alternative to divorce that allows spouses to formally separate without terminating the marriage entirely. Spouses who are granted a legal separation are still married, but may have certain orders or agreements in place that are reminiscent of a divorce decree. For example, separated spouses may be entitled to “reasonable support and maintenance” during the separation. Legally separating has certain advantages over divorce. It is easier to undo the effects of a legal separation. Spouses who divorce would be required to remarry should they reconcile and wish to begin living as a married couple again, while those who have legally separated may have significantly easier options should they restart their relationship. If you are considering divorce or legal separation, work with an experienced Illinois lawyer who can guide you through the process.
Could I Get Support From My Spouse After Separating?
When is Collaborative Divorce or Mediation Not Recommended?
If you have been browsing divorce topics, you have likely seen countless articles urging you to consider divorce mediation or attorney-facilitated negotiation as a means of resolving your divorce out of court. Collaborative divorce is another common alternative resolution method during divorce. Collaborative divorce requires both parties to actively participate, and to do so in good faith. A mutual willingness to compromise is a necessity. Either spouse, unfortunately, has the power to delay or frustrate the process. If no agreement can be reached after substantial efforts have been made, you will be left with no option but to resort to divorce litigation. In some cases where it is abundantly clear that mediation or negotiations are likely to fail, it may be more prudent to make litigation your plan from the outset. An experienced attorney can assess your situation and help you decide whether yours is a divorce that cannot be settled out of court.
Can I Get An Annulment in Illinois?
In Illinois, if you want to get your marriage annulled, you can petition the court for a Declaration of Invalidity. Many people assume they can easily get their marriage annulled. However, it is more difficult to receive an annulment than a divorce, contrary to the commonly held belief that divorce is more difficult to achieve.
A Declaration of Invalidity of Marraige deems a marriage invalid. Divorce ends a marriage. Annulment, on the other hand, states that a marriage was never valid to begin with.
To get a marriage annulled in Illinois, there must be proof of impotence, bigamy, or proof that one party was unable to consent at the time of the marriage. This may be due to coercion, force, or the influence of alcohol or drugs. If an individual was underage at the time of marriage commencement, that is also proof of invalidity of marriage. Though these examples may seem simple enough to prove, it is often difficult to provide sufficient evidence. This is demonstrated in the court’s seldom practice of granting Declarations of Invalidity outside of the circumstance in which one spouse was under the age of consent.
Choosing Between Divorce and Legal Separation
Illinois offers two options for spouses who want to split up - divorce or legal separation. Legal separation allows the court to step in and help determine matters like allocation of parenting time and parental responsibilities, or even spousal support. Property division in legal separation can only be handled by a court if both spouses agree to the terms of property division. However, a legal separation does not end the marriage. Spouses who legally separate are still spouses. Divorce is final and allows the court to determine all issues related to the termination of your marriage. There are a number of reasons that spouses may want to separate without fully divorcing. A family law attorney can help you decide which option is better for you, your spouse, and your children.
How to Talk About a Prenuptial Agreement With Your Partner
Even if you know that getting a prenuptial agreement is always a good idea, figuring out how to bring it up to the person you are about to marry can still be tricky. Talking about a prenuptial agreement may not be the most romantic discussion you have ever had, but it is extremely important for all couples who plan to marry. Contrary to popular belief, signing a prenuptial agreement does not mean that you are preparing for divorce. These contracts can do everything from requiring you both to name each other in your respective estate plans to establishing whose separate property is whose. Prenuptial agreements can be helpful in a variety of circumstances other than divorce. Of course, if you were to get divorced, having a prenuptial agreement can drastically simplify the process.
3 Tips for Raising the Subject of a Prenuptial Agreement With Your Future Spouse
3 Potential Pitfalls of a DIY Divorce
Divorces can run the gamut from relatively quick and easy when a couple is amicable to long, drawn-out, and contentious when they are not. If you are expecting the former, it can be tempting for you and your spouse to forego attorneys altogether and attempt to accomplish your divorce without help. Going through a divorce unrepresented can put you at a considerable disadvantage, whether you realize it or not. You may not be fully aware of the rights that you have, and a divorce can go from amicable to disastrous in the blink of an eye. Remember that you and your spouse are splitting for a good reason and strongly consider getting legal help from the start, even if you think you could go it alone.
What Are Some Things that Could Go Wrong if I Get Divorced Without a Lawyer?
Getting your own legal counsel is extremely unlikely to make your divorce more difficult under any circumstances, but failing to do so could cause problems. Going into a divorce unrepresented is a risky option for reasons like:
What Are the Benefits of a Cohabitation Agreement?
Throughout history, the typical family dynamic included a husband, wife, and children living in a home together. However, in 2022, blended families have become normalized and accepted into mainstream culture. It used to be standard for a man and woman to marry, have children, and live together. Today, many families live together and share finances, property, and children without being legally married. There are legal protections for unmarried couples living together to ensure their rights are protected. One way partners can protect these rights is through a cohabitation agreement.
Who Can Obtain a Cohabitation Agreement?
Cohabitation agreements are legally recognized documents that outline the rights of unmarried couples living together. These couples include unmarried partners who are in a long-term, intimate relationship. In many states, these relationships are known as common-law marriages. The National Conference of State Legislatures defines common law marriage as a marriage acknowledged by the state without the partners obtaining a legitimate marriage license. Common-law marriages are only accepted in a handful of American states, and Illinois is not one of the states that approve common-law marriages. This is why it is essential for unmarried, long-term partners who share property and finances to create a cohabitation agreement to protect their assets.
How to Use Hybrid Mediation in Your Divorce
Divorcing your spouse can be extremely complicated, challenging, and emotionally draining. Not only are there many legal and financial considerations to consider, but tensions can arise when partners begin to discuss how to divide marital property and start separate lives. Contested divorces occur when both partners are unable to come to an agreement on a decision in the divorce. Couples have the option to litigate their divorce. However, this can be both time-consuming and expensive. Other alternative dispute resolutions include hybrid mediation to assist partners during a difficult divorce.
What are Alternative Dispute Resolutions?
Five Ways a Spouse May Hide Assets in a Geneva Divorce Case
During a divorce, it is crucial that the assets of both parties are openly shared and considered for matters such as dividing assets and setting a financial limit for spousal support. But what happens if a spouse is hiding assets? There are a few ways people tend to hide finances, whether physical items or money. If you are suspicious that your spouse is hiding income or assets as you prepare for a divorce, reach out to an attorney that is prepared to uncover any hidden assets and fight for your right to an equitable divorce. Here are five signs that your spouse may be hiding assets.
Overpaying Taxes
By overpaying your taxes, the United States Internal Revenue Service (IRS) will refund the excess money back to you. If your spouse has been overpaying their taxes, it may be a sign that they are hiding the extra money returned to him or her. This process is essentially a way to receive money in the future without having to share it during the divorce.
