Recent Blog Posts
Understanding Discovery in a Divorce
Discovery is the legal process in which both parties to a legal action exchange information about the witnesses and evidence they intend to introduce during a divorce case. This process can lead to the disclosure of incredibly sensitive and important information, such as tax returns and other financial documents, medical records, or child-related information. Discovery can help both sides in a divorce get a clearer view of the other side’s current status and know what assets and debts may be applicable in the case.
Types of Discovery Issues
Discovery is typically informal or formal. Informal discovery involves the voluntary release of information by the parties. Formal discovery usually occurs in court and may involve interrogatories, notices to produce documents, depositions, or subpoenas. Interrogatories involve questions one party asks another. The Illinois Supreme Court approved a series of standard interrogatories specifically for divorce cases.
How Are Child Custody Decisions Made in an Illinois Divorce?
When two parents are divorcing and have a child or children, it can be incredibly difficult for the spouses to try and determine a workable child custody agreement. Illinois recently changed the language used to describe child custody. “Parental responsibilities” refers to a parent’s ability to make important decisions in a child’s life, such as where they will attend school and what religion they will practice. “Parenting time” relates to the physical care and supervision of a child.
If you are getting divorced in Illinois and you share children with your spouse, you will be asked to create a parenting plan that describes the allocation of parenting time and parental responsibilities. If you and your spouse cannot agree on these matters, the court may need to intervene.
Disagreements Regarding the Parenting Plan May Necessitate Court Intervention
Parents divorcing in Illinois use a parenting agreement or parenting plan to describe how the children will be cared for. It can be difficult for many parents to reach a mutually agreeable parenting plan. Sometimes, the court orders the parents to attend mediation, where they work with a neutral third party to develop a parenting plan.
Understanding Parental Relocation in Illinois
The Illinois Marriage and Dissolution of Marriage Act underwent significant modifications in 2016 that changed the rules regarding parental relocations. Whereas parents were once allowed to move anywhere within Illinois without getting approval from a court or the other parent, parents must now comply with a new set of guidelines.
The old law was viewed as problematic because a parent living in the Chicago area could move almost 400 miles south to Cairo without notification, while a 30 mile drive to Gary, Indiana would require approval. Under changes to the Illinois Marriage and Dissolution of Marriage Act, moves over a certain distance require approval. The phrase “child removal” has also been replaced with relocation.
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: