Recent Blog Posts
Understanding the Right of First Refusal
When a couple with children gets divorced in Illinois, they are required to create a parenting plan. A parenting plan is a formal document that lays out each parent’s responsibilities and rights regarding the child and provides a foundation for ongoing, cooperative parenting. If the parents cannot come up with a workable plan on their own, the court may do for them.
Under Illinois law, there are over a dozen considerations that must be included or addressed in a parenting plan, including things such as a parenting time schedule and the child’s permanent address for school enrollment purposes. Other elements can also be included at the discretion of the parents or the court, including the right of first refusal. If the right of first refusal has been included in your parenting plan, you need to know what it means.
Bonus Parenting Time
For the purposes of a parenting plan, the right of first refusal applies when a parent needs childcare during his or her allotted parenting time. Depending on how the right is structured in your plan, the right of first refusal could apply when one parent has meeting some evening or it could be saved for longer periods, such as an all-day event on a weekend when the parent was supposed to have parenting time. If the right of first refusal is invoked, the parent who needs child care must let the other parent know and give the other parent the chance to have extra parenting time.
Things to Think About Before You Get Remarried
Each year, hundreds of thousands of Americans get divorced. While the divorce rate is lower than it was a few decades ago, divorce is still common throughout the country. Despite, people seem hesitant to give up on finding love and marital bliss, even if their first marriage fails. In fact, a recent study found that a full 40 percent of marriages today include at least one person who has been married before. In about half of those marriages, both spouses are on their second, third, or subsequent marriage. It is estimated that about 60 percent of divorced or widowed Americans will eventually remarry.
Such numbers certainly seem to portray a level of optimism regarding how we approach marriage as a society. If you are considering getting married again after a divorce, however, there are some things you need to keep in mind, including:
- Termination of spousal support: If you currently receive maintenance payments—also called alimony or spousal support—from your ex under the terms of your divorce settlement, getting remarried will almost certainly put an end to those payments. Under Illinois law, you moving in with your fiancé could be enough to terminate your ex’s maintenance obligation;
Back-to-School for Divorcing Parents
If you are in the process of ending your marriage, there is a good chance that you are beginning to realize that your life is much different compared to when you were married. If you have children, the differences are probably even more notable. For many divorced parents, the first school year after the divorce is the most challenging, as they must establish new routines for their children and boundaries for the parents. When back-to-school season falls in the midst of your divorce, you will need to take steps to ensure that your children have every possible opportunity to succeed.
Figure Out a Way to Cooperate
Every situation is unique, and there is no easy way to decide how you and your spouse will work together regarding school. Decisions regarding the allocation of parental responsibility may still be pending, so you might both still share decision-making authority for school-related concerns. The best option is for you and your spouse to put your differences aside and to create a plan designed to let your child thrive in the new school year. If this is not possible, you may need to ask the court to issue a temporary order allowing you to make education plans on your own.
Children With Mental and Physical Disabilities May Qualify for Child Support as Adults
Child support is intended to help parents provide for their minor children. Generally, an order for child support will terminate once the child turns 18 years old. If the child is still enrolled in high school at age 18, the child support is extended through age 19. However, there are some instances where child support orders can extend past the usual age 18 or 19 cutoff.
A child who is physically or mentally disabled may not be able to care for himself or herself and will therefore need the assistance of a parent or guardian well into adulthood. In cases such as these, courts may order one or both parents to continue to contribute to support. These support orders can last as long as the court finds necessary to secure the disabled child’s quality of life.
Not Every Disability Necessitates Ongoing Support
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides instructions for when a person with a disability qualifies for continued support as an adult. According to the IMDMA, a disabled person is someone with a “physical or mental impairment that substantially limits a major life activity.” So, minor disabilities which do not impair the individual’s ability to participate in life activities do not meet the required criteria for non-minor support.
How Far Can I Move With My Child?
In past generations, it was not terribly uncommon for a person to grow up in a given area and to spend the vast majority of his or her life in that same area. This was especially true in financially healthy regions where jobs and educational opportunities were readily available. Today, however, is a different story, as a people are much more likely to move greater distances than ever before. Some move for employment reasons, others for education, and still others just for a change in scenery. While moving is rarely easy, most adults have the freedom to relocate whenever they choose, but for those who are subject to an Illinois parenting plan, there are limits on how far a move can be.
Who Is Affected?
The state of Illinois is invested in looking out for the best interests of children—especially those whose parents have divorced or were never married. Thus, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides specific guidance for parents who wish to move to a new home. The IMDMA states that a parent who has the majority of the parenting time with their child or shares parenting time equally with the other parent must adhere to certain rules when considering a move.
Why Do Most Couples Get Divorced?
Just as there are a nearly infinite number of reasons couples choose to spend their lives together, there are countless reasons that couples divorce. Sometimes the divorce is amicable, and both spouses know that they would be better off not married. Others times only one of the spouses wants to end the relationship, and the other is left devastated and confused. If you are planning to get divorced, you should know that no two divorces look the same. Everyone brings their own set of unique circumstances and needs to the table when a marriage ends. Read on to learn about the most common reasons couples get divorced and what the legal grounds for divorce are in Illinois.
Infidelity Is a Common Cause of Marital Breakdown
Many people can point to an affair as the beginning of the end of their marriage. A good amount of affairs begin online. The world is more connected than ever before thanks to social media like Facebook, Twitter, Instagram, and LinkedIn. Thirty years ago, people who lost touch with their old high school sweetheart rarely saw them again – save perhaps for the odd high school reunion. However, in today’s world, reconnecting with an old flame is as simple as clicking a button. As Americans spend more and more time at work, the likelihood of a work affair increases as well.
Four Reasons That a Prenuptial Agreement May Be Invalid
Today, Americans are getting married for the first time later in life than ever before, and there has also been an increase in the number of remarriages. As a result, more and more couples are drafting prenuptial agreements. It is understandable to wonder how age and remarriage affect the need for a prenuptial agreement, or prenup, but the answer is quite simple. Those who marry when they are older—including second and third marriages—generally bring more into a marriage. In this context, “more” does not just mean assets and debts. It also refers to obligations for children, spousal support, and other considerations.
A prenuptial agreement can be a valuable tool that allows both spouses to protect themselves and any children from a previous relationship, but only if the document is drafted and executed properly. Many couples operate under the assumption that their prenup will protect them down the road only to find out that there was a flaw that caused the agreement to become unenforceable. In Illinois, the court may set aside a prenuptial agreement for reasons such as:
Advice for Those Planning to Divorce an Abusive Spouse
Domestic violence is shockingly common in the United States. Although many experiencing the torture of familial abuse do not show it on the outside, they are secretly suffering. If you have decided to end your marriage due to your spouse’s abusive or intimidating behavior, first take a moment to congratulate yourself. You have started a journey that will certainly be challenging, but will ultimately lead to greater safety for you and your family. Leaving an abusive spouse may feel overwhelming, but keep in mind that you do not have to do it alone.
The Worst Thing You Can Do Is Stay Silent
One of the most difficult things about leaving an abusive partner is actually acknowledging the abuse. Many people feel ashamed to admit that they need help leaving a violent spouse—even though the shame should be felt by the abuser. Those affected by domestic violence sometimes still love and care for their abuser and therefore delay involving authorities because they worry about how it will hurt the abuser or his or her career. Other victims of domestic violence simply do not understand that there are avenues to safety which they can take even with no actual evidence of the abuse.
Five Tips for Mitigating the Trauma Caused by Divorce
Because divorce is now quite common, many people incorrectly assume that getting divorced is “no big deal.” They may see friends and family go through divorces with smiling faces and assume that the ordeal was not emotionally traumatic. However, the reality is that many people are experts at hiding their pain, and even the most amiable divorce is an emotional burden to those going through it. If you are considering divorce or have already filed, you should know that there are some proven ways to help ease the subsequent emotional pain.
Tip #1: Resist the Urge to Isolate
The end of a marriage is a deeply personal affair. Some individuals getting divorced may be tempted to isolate themselves from friends and family because they are ashamed or simply do not know what to say about the separation. If you are getting divorced, you should know that spending time with others has been shown to aide in the healing process. Whether it is a trip to the movie theater, a vacation, or simply grabbing a quick coffee, getting out of the house and socializing will dramatically help you cope with the pain caused by divorce.
Recovering Funds Lost to Dissipation
Dissipation of assets refers to instances when a spouse who is either in the process of getting divorced or will soon divorce, purposely wastes marital assets. If you are getting divorced and your soon-to-be-ex-spouse has wasted marital assets through reckless spending, gambling, drug use, or through other means, you should know that there is a legal process for recovering these funds. Read on to learn the specific criteria which must be met in order to claim dissipation, as well as learn how you can reclaim the money that was wasted.
Dissipation in Illinois Defined
Not just any type of spending is considered dissipation. The spending must happen during a specific time and meet other criteria in order to be considered dissipative. The Illinois Supreme Court provides the legal definition of dissipation. In Illinois, dissipation is the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irreconcilable breakdown.”
