Recent Blog Posts
Can I Get Divorced If My Spouse Does Not Want To?
Deciding to end a marriage is never easy, but it is particularly difficult when one spouse does not want a divorce. In Illinois, however, one spouse cannot prevent the other from getting a divorce. If you are living in Kane County and wondering whether you can get divorced even if your spouse refuses to cooperate, the answer is yes — you can.
Illinois is a "no-fault" divorce state, which means that as long as one spouse believes the marriage is irretrievably broken, they can move forward with the divorce, even without the other spouse’s consent. Let our experienced Illinois divorce attorneys help you take a closer look at how this works and what you need to know.
What Does "No-Fault" Divorce Mean?
In Illinois, the law no longer requires a spouse to prove fault — such as adultery, abuse, or abandonment — to get a divorce. Instead, the only ground for divorce is "irreconcilable differences," which means that the marriage has broken down to the point that repairing it is not possible. You do not need your spouse’s agreement to claim irreconcilable differences, which makes it easier to move forward even if your spouse disagrees.
What Happens if My Ex and I Disagree About School Decisions?
Many couples who get divorced find that learning to adjust to post-divorce life is the hardest part of the process. For divorced parents, that includes working together to make decisions about their child. Finding a way to compromise on important issues can be difficult, especially right after divorce when tensions and emotions tend to run high.
As the new school year kicks off, divorced parents may find themselves disagreeing about where to send their child or other education-related issues. Many assume that whoever the child lives with gets to make such decisions. While the answer is related to child custody, it is not that simple. In this article, we will discuss child custody in Illinois, how to settle disagreements about a child’s education, and how to contact an experienced Illinois child custody attorney.
How Does Child Custody Work in Illinois?
Child custody consists of two parts:
How Does Commingling Affect Property Division in Divorce?
In Illinois, spouses who get divorced are both entitled to marital property. State law defines marital property as any asset that came into either spouse’s possession during the marriage. Exceptions to this include:
- Inheritances
- Gifts intended for one spouse exclusively
- Property acquired by using non-marital property as collateral
- Assets excluded by a prenuptial or postnuptial agreement
Aside from these exceptions, most possessions acquired by either spouse during the marriage are considered marital property and both parties are entitled to it.
If the spouses do not divide the marital property between themselves, a court may do it for them. The law grants courts wide discretion to determine what is considered marital property and how to divide it. Marital assets are divided in Illinois fairly, not equally, and it is largely up to a judge to decide what is fair.
Could My Ex’s Cohabitation Arrangement End Alimony Payments?
Most states today specifically prohibit awards of permanent alimony. Connecticut, Florida, New Jersey, North Carolina, Oregon, Vermont and West Virginia still allow permanent alimony, while other states specifically prohibit permanent alimony. In the state of Texas, it is difficult to get any type of alimony unless specified in a pre or postnuptial agreement. Illinois has what is essentially permanent alimony but is more often called "indefinite" or "lifetime" alimony. There are certain circumstances when lifetime alimony can be terminated.
If you are wondering whether you are entitled to alimony or whether you will have to pay alimony, the best source of information is your Kane County divorce attorney from The Law Offices of Douglas B. Warlick & Associates. While you can speculate, ask your friends, or hope for the best, your attorney has solid experience and knowledge that will give you a very good idea of whether alimony will be awarded in your situation and what it will look like.
Collaborative Divorce in Illinois
You might be surprised to hear that there are several types of divorce available. It makes sense that there isn’t only one way to do it since there are so many different types of people and relationship dynamics. With options like contested divorce, uncontested divorce, arbitration, mediation, annulment, and collaborative divorce, different people can find a way that best suits them and their circumstances. It can be a bit confusing trying to understand what each type involves. This article will examine collaborative divorce, which is certainly not right for everyone but can be an excellent choice for people who meet the necessary conditions. It tends to be more popular among couples with children and those with higher-than-average means. If you and your spouse are thinking about having a collaborative divorce, speak with a qualified Kane County, IL divorce lawyer to find out more.
Am I Responsible for My Spouse’s Credit Card Debt After Divorce?
One of the main issues that divorcing couples face is how to divide debt. Are both spouses responsible for each other’s debts? Are only certain debts the responsibility of both parties or are all of them? Does one spouse need to make mortgage payments if the other spouse’s name is on the house? What if one spouse has more money than the other spouse to pay for the debt?
The answers to those questions depend on whether the debt is considered marital debt or non-marital debt.
This article will discuss what marital debt is and how it is divided. Consulting an experienced divorce attorney is a great way to make sure you are not saddled with debt that is not yours.
What is Marital Debt?
Like marital property, marital debt refers to debt that belongs to both spouses. For something to be considered marital debt, however, it must have certain characteristics. Marital debt is a financial obligation that:
Will I Lose Custody if My Child Commits a Crime?
In Illinois, a minor who commits a crime or attempts to commit a crime is called a “juvenile delinquent.” Depending on the crime, the child and his or her parents may only receive a warning.
The law gets more severe, however, in cases where a child has committed a serious offense, such as a felony, or if a child has committed a crime several times. This can lead to the parents losing custody of their child.
If your child has allegedly committed a crime, contact a family law attorney in Illinois who is experienced in juvenile law and can explain your options.
This article will discuss juvenile law in Illinois and when it might cause a parent to lose custody of his or her child.
How Are Juveniles Treated in Illinois?
Some crimes are less serious than others. If your child is absent from school without a good reason, for example, he or she has committed truancy. Truancy is a crime, but it is not a criminal offense in Illinois. If your child is caught out of school without a valid reason, you can expect a warning from the school district’s truant officer.
When Would a Cohabitation Agreement Be Advisable in Illinois?
Many couples decide to move in together as an important step in their relationship. Such couples tend to be in committed relationships that could resemble marriage in that they include a shared life, but the people involved are not married and might never want to be. Some might opt for this kind of arrangement if they object to the idea of marriage. Others might not feel ready yet for the religious or legal commitment of a wedding ceremony but wish to share their life with this other person. In fact, there are many reasons why a couple might remain unmarried but choose to live together. If you live with your significant other and you are not married, a knowledgeable Geneva, IL family law attorney can offer insight into whether a cohabitation agreement is a good idea for you.
Why Would Someone Opt for a Cohabitation Agreement?
When a married couple separates, there are legal processes they need to go through. Whether they decide to get a divorce or a legal separation, the courts are involved to ensure that both people end up with a fair amount of the assets they amassed together. If the couple has children, the court works toward a custody arrangement that serves the child’s best interests, regardless of whether either spouse has more money or influence.
How Can I Get My Divorce Decree Modified in Illinois?
The process of settling a divorce can be tricky. Two people attempt to outline things that they will need to do in the future, even though they have no way of knowing what that future will hold. Will their income remain the same then as it is now? What about their health? Will either end up meeting someone new and getting married? Without being able to answer any of these questions about the future, it is difficult to draft an agreement in the present that can remain valid indefinitely. If changes in your life leave you wanting to modify your divorce decree, a Geneva, IL divorce lawyer can explain your options.
How Are Modifications Granted?
There are two ways you can try to get your divorce decree modified.
- By agreement: The simplest way to modify your divorce decree is to reach an understanding with your ex. If the reason you want a modification is more objective, for example, if one ex-spouse is getting remarried, and so the other spouse is no longer required and does not want to pay alimony, it might be easier to get them to agree. Likewise, if you are supposed to be paying child support based on the income you were making at the time your divorce was settled and you have since taken a significant pay cut, your ex might understand your financial inability to pay the same amount as before, if at all. If it is more of a subjective reason, for example, if you believe your ex is no longer providing your children with a safe home, and you want to decrease their custody, it might be more of a challenge. If you can agree about the modifications you seek, you will need to submit your proposed modifications to the court and await their approval.
What to Know about Legal Separation in Illinois
One generalization that can apply to everyone is that we are all different. Even if people belong to a group and prefer the same religion, food, political party, etc., they all have their own personal background and circumstances that will affect their unique approach to life. For that reason, there is no one way for people to resolve marital issues. Depending on how long the problems have lasted and how many attempts have already been made to resolve them, every couple will deal with issues differently.
Some might prefer to avoid any major changes and will live with any problems they have. Some might try couples therapy. Others might decide to end the marriage for once and for all. However, legal separation is another option available to people who do not wish to remain in their marital situation but are not ready to completely end the relationship in divorce. If you are ready to end your marriage but do not want the finality that comes with divorce, speak with an experienced Geneva IL divorce lawyer to see whether legal separation might be a good choice for you
