When a couple divorces, child support is provided to the parent with the most parenting time. Child support may be used to care for the child's various needs, including education, rent or mortgage, clothing, groceries, and other expenses.

Most child support orders terminate once the child turns 18 and graduates from high school. Child support payments may be extended until the child completes their undergraduate degree. However, when a child has a disability, child support obligations may need to continue well after the child has become an adult.

If a child has a disability, they will not be able to attain the same level of education or independence as children without disabilities.

Alternative dispute resolution (ADR) is a process of resolving legal disputes without litigation. In divorce cases, ADR methods such as mediation and collaborative divorce are increasingly being used as an alternative to court proceedings. ADR can offer a variety of benefits to couples going through a divorce. In this article, we will discuss the top 10 benefits of alternative dispute resolution in divorce cases.

Cost Savings

One of the most significant benefits of ADR is cost savings. ADR methods are generally less expensive than traditional litigation, involving fewer court appearances and less time spent in court. This can be particularly beneficial in divorce cases, where litigation costs can quickly add up.

Faster Resolution

ADR can also be faster than traditional litigation. Mediation and collaborative divorce can often be completed within a matter of months, while litigation can take years. Thus, ADR is useful in divorce cases where couples may want to move on with their lives as quickly as possible.

Divorce is a difficult decision and a complex undertaking. There may be various reasons for the dissolution of marriage, from different values to commitment issues. However, since Illinois is a no-fault state, married couples do not need to assign blame for the divorce. The only ground for divorcein Illinois is irreconcilable differences.

What are Irreconcilable Differences?

Irreconcilable differences are when two married people are completely incompatible, and their marriage has broken down to such an extent that reconciliation is no longer possible.

In Illinois, reconcilable differences are the only basis for divorce.

 Divorce is the legal process of dissolving a marriage between two people. In Illinois, there are several types of divorce, each with its own unique set of rules and requirements. While it is possible to file for divorce without the help of a lawyer, it is highly recommended that you seek legal advice to ensure that your rights are protected, and your interests are represented. In this article, we will discuss the different types of divorce in Illinois and why you need a divorce lawyer.

Types of Divorce in Illinois

Uncontested Divorce

An uncontested divorce is when both parties agree to the terms of the divorce, including division of property, spousal support, and child custody. This type of divorce is often faster and less expensive than other types of divorce, but it is still reccomended to work with a lawyer to ensure that all legal requirements are met.

Contested Divorce

A contested divorce is when one or both parties do not agree on the terms of the divorce. This type of divorce can be lengthy and expensive, often requiring court hearings and a trial. A divorce lawyer can help you navigate the legal system and protect your rights during this process.

When we, as people, experience a significant change in our lives, our emotional well-being can be turned upside down. Few changes are more significant than going through a divorce. While working with an experienced divorce attorney to protect your legal rights is crucial, taking care of yourself during this difficult time is also essential. We recently wrote a blog discussing how best to help your child cope with a divorce. Today, we will discuss tips for helping yourself cope with your divorce.

Tips for Coping with Your Divorce

The following are tips on how to best help yourself cope with the divorce, including:

• Seek support early and often – It is important to seek support from your friends, family, or therapist during your divorce. Talking to someone can help you process your feelings and emotions and provide you with the support you need during this difficult time. Ensure to maintain a strong base of support during and after your divorce. 

  ...

 Divorce can be a very upsetting and emotional time for everyone involved, especially children. Children may feel confused, scared, and uncertain about the future. As a parent, it is important to help your child cope with the divorce and provide the support and guidance they need during this challenging time. Remember that an experienced divorce lawyer can be an excellent resource as you navigate this situation. Experienced divorce lawyers have likely dealt with many families in the past and may have insight into how best to help your child cope with everything that is happening.

Tips for Helping Your Child Cope

Here are some tips for helping your child cope with the divorce, including:

• Be open and honest – It is essential to be open and honest with your child about the divorce. Children may have many questions and concerns, and providing them with accurate information and reassurance is crucial. Answer their questions age-appropriately and avoid sharing unnecessary details or information that could be harmful.

  ...

In Illinois, a no-fault divorce is one where a couple can end their marriage without having to prove that one party caused the marriage to break down. Instead, the couple can cite “irreconcilable differences” as the reason for their divorce. Even though Illinois is a no-fault state, it is still essential to hire an experienced divorce attorney to help ensure you can protect your rights.

What Are Irreconcilable Differences? 

Irreconcilable differences are defined as “irretrievable breakdown of the marriage” and require a showing that the marriage was broken down to the point where it could not be repaired. This means the parties have attempted to reconcile and failed or have been living separately and apart for at least six months, and there is no hope for reconciliation. 

When a couple files for divorce based on irreconcilable differences, they must file a petition for dissolution of the marriage and provide a copy to their spouse. The other spouse then has 30 days to file a response to the petition. If the other spouse does not file a response within 30 days, the divorce can proceed as an uncontested divorce. However, if the other spouse does file a response, the parties must attend a hearing to resolve any issues related to their divorce.

 Divorce mediation is a process that allows divorcing couples to work together to resolve their disputes and reach a mutually acceptable agreement. Instead of going to court, the parties work with a neutral third party, the mediator, who facilitates discussions and helps the parties find common ground. However, several things need to be clarified about divorce mediation that can prevent people from considering it as an option. Working closely with a family law attorney can help you better understand the potential benefits of divorce mediation as you decide whether it is a viable option for you and your situation.

Misconceptions About Divorce Mediation That You Need to Be Aware of

Here are some of the most common things people get wrong about divorce mediation, including:

• You have to be on good terms with your spouse – One of the most common misconceptions about divorce mediation is that the parties must be on good terms with each other to use the process. However, this is not true. While it does help if spouses are on decent terms, mediation can be effective even if the parties are angry, bitter, or resentful of each other. 

  ...

Divorce can often be a difficult and stressful experience for everyone involved, especially in high-conflict situations. Those going through a high-conflict divorce are sometimes more distressed about issues such as mental health concerns, substance abuse, and harassment/domestic violence issues that may arise during the divorce process. 

Mental Health Difficulties

Anybody's mental health may suffer as a result of the emotional strain of a high-conflict divorce. One or both parties may develop anxiety, depression, or other mental health problems during a high-conflict divorce. The Illinois State Bar Association offers tools for locating mental health specialists with experience helping people going through a divorce. 

Substance Abuse

For people battling with substance abuse, divorce might be a trigger. Substance abuse can become an even bigger problem in divorces with high levels of conflict. Drug or alcohol abuse by one or both spouses as a coping mechanism for the stress of the divorce process is not unusual. It's crucial to get help if substance misuse is a problem in a high-conflict divorce. The Illinois Department of Human Services provides resources for substance abuse treatment centers throughout the state. Additionally, the court may require the parties to participate in drug or alcohol treatment programs as a condition of the divorce settlement.

Deciding to end a marriage is one of the most difficult decisions anyone can make. However, if you have reached the point where a divorce is the only option, it is essential to understand the legal process of divorce. In Illinois, the divorce process can be complicated and overwhelming. 

Determine Your Eligibility for Divorce

In Illinois, to file for a divorce, you must meet the residency requirement. One of the spouses must have lived in the state of Illinois for at least 90 days before filing for a divorce. If you meet this requirement, you can move on to the next step.

Grounds for Divorce

A spouse or both spouses must establish grounds for divorce before the judge will grant it. Irreconcilable differences, often known as no-fault divorce, are the only grounds for divorce that are accepted in Illinois. Irreconcilable differences are described under Illinois law as the "irretrievable breakdown" of a marriage. The spouses must either claim there is a breakdown in the marriage but that all attempts at reconciliation have failed and that further attempts would not be "in the best interest of the family" or they must be living apart for six months in separate households or within the same household at the time of the breakdown of the marriage.

Child relocation during a divorce can be a complex and emotional issue, and parents in Naperville, Illinois, must be aware of the difficulties that may arise during this process. When parents cannot agree on the relocation of their child, the court will make a judgment that is in the best interests of the child. This is where an attorney familiar with complex child issues can help you.

Deciding The Child’s Best Interests

Choosing what is in the best interests of the child is one of the trickiest problems with child relocation following divorce. The court will weigh a number of issues before deciding whether to grant a parent's request to move with a child. These considerations encompass the child's health—emotional, psychological, and physical—in addition to their interactions with other family members, including their siblings and parents. The relocation distance as well as the child's prospects for social and academic growth in the new community, will be taken into account by the court. The decision will also take into account any past neglect or abuse by one parent or the other.

How Will The Relocation Effect The Non-Custodial Parent’s Relationship

The effect of the transfer on the child's relationship with the non-custodial parent is another problem that comes up during a child’s relocation. The non-custodial parent may find it challenging to develop a deep bond with the child if one parent moves away with the child. Bitterness and resentment may result from this, which can make the already difficult co-parenting process much more difficult. Judges have the discretion to consider this possible negative effect and reject a relocation request on this basis.

 Prenuptial agreements are becoming increasingly popular among modern couples. While not exactly romantic, creating a prenuptial agreement can be a responsible decision before getting married. Here are five reasons to consider getting one.

Prenuptial Agreements Can Protect Your Assets

A prenuptial agreement can assist in protecting your assets in the case of a divorce. When two people marry, their financial affairs become entwined, and any assets or money acquired by either spouse during the marriage are added to the marital estate. Any assets in the marital estate are distributed between the spouses in the event of a divorce. Your assets can remain segregated if you enter into a prenuptial agreement. Property classified as non-marital property through a prenuptial agreement will not be split. A prenuptial agreement can also be used to safeguard inherited assets or gifts from relatives and ensure those items stay in the family.

Prenuptial Agreements Can Protect Your Business

A prenuptial agreement can aid in protecting your company in the case of a divorce. In a divorce, businesses are treated just like any other asset. Without a prenup, your company can be considered marital property, giving your spouse a claim to a portion of its value. 

One of the most significant assets a couple may own is their real estate, including their marital home. The division of real estate assets can be a complicated and emotional process during a divorce. It is essential to identify and value all real estate assets and determine how they will be divided fairly. Several factors are considered by the court when dividing real estate, including a couple’s marital home.

Identifying and Valuing Real Estate Assets

The first step in dividing real estate in a divorce is identifying and valuing the assets. This includes any properties the couple owns, such as their marital home, vacation homes, rental properties, and undeveloped land. The value of each property is determined by an appraisal or market analysis.

Once the properties have been identified and valued, the couple must decide how to divide them. This can be done in a few ways, such as one spouse keeping the property while the other receives other assets of equal value, or the couple selling the property and dividing the proceeds. It is important to note that the division of real estate may impact other aspects of the divorce settlement, such as spousal support and child custody.

Going through a divorce is a difficult process that can leave you feeling emotionally and financially drained. However, once the divorce is finalized, there are still many important issues that you will need to address. One of the most important is post-divorce modifications. If you're a married couple in Illinois going through a divorce, here are some things to keep in mind.

Child Custody and Support Modifications

Child custody and support are often the most contentious issues in a divorce. In Illinois, child custody is determined based on the best interests of the child. However, circumstances can change after the divorce is finalized, and it may become necessary to modify the custody arrangement. Some common reasons for modifying child custody include:

• Relocation - If one parent needs to move to a new location, it may be necessary to modify the custody arrangement to accommodate the new location.

  ...

When couples decide to end their marriage, they must also address the division of property. This can be a complicated and contentious issue, especially when large assets such as homes, retirement accounts, and businesses are involved. Understanding who owns what, accurately valuing the property, and determining a fair division of shared property can take some time. In Illinois, property division during a divorce is governed by state law, which provides a framework for equitably dividing marital property. 

Marital Property and Separate Property 

In Illinois, marital property is defined as any property acquired by either spouse during the marriage. This may include income, real estate, investments, bank accounts, vehicles, personal property, and pensions. If spouses cannot negotiate a fair division of property, the court will divide property for them. All marital property is subject to division during a divorce, and the court must divide it in a manner that is fair and just to both parties. This may involve selling assets, such as a home, and dividing the proceeds, or transferring ownership of an asset to one spouse in exchange for other assets of equal value.

Separate property, on the other hand, is not subject to division during a divorce. This includes property acquired by either spouse before the marriage, gifts received by one spouse, and inheritances. However, there are circumstances in which separate property may become marital property. For example, if a spouse commingles separate property with marital property, such as by depositing inheritance money into a joint bank account, it may be considered marital property.

Divorce is a difficult and emotional process for all parties involved, particularly for parents who are trying to navigate the process while ensuring the well-being of their children. Parents who want to share responsibility for their children will describe the allocation of parenting time and parental responsibilities in their parenting plan. Divorcing parents may also need to address child support. The court typically determines child support based on a statutory formula, but courts deviate from the formula under certain circumstances.

Child Custody and Visitation

Child custody and visitation are two of the most important and difficult issues that parents face during divorce. In Illinois, child custody is determined based on the best interests of the child, which includes:

• Consideration of the child's physical and emotional needs

  ...

 Divorce can be demanding and taxing, especially when there is suspicion of hidden assets. The main reason someone would consider hiding their assets and finances during a divorce would be to minimize any financial losses that a spouse may suffer due to the split. 

Having a divorce attorney by your side can help you uncover important documents and financial records so your divorce settlement is based on accurate financial information. While a spouse may be able to ask for these things alone, there is no guarantee that they will be given truthfully. An attorney can request these documents using discovery tools such as subpoenas and requests for production. If the spouse does not comply or hides anything, they can risk serious consequences. 

Common Ways Spouses Hide Assets

It is not always easy to spot when a spouse may be hiding assets. The following may be signs that a spouse is hiding assets or lying about income during divorce: 

Illinois is an “equitable division” state, meaning that marital property and debts divided by the court do not need to be divided equally, but rather the law requires that it be divided equitably. Property division may be negotiated and agreed upon by the spouses or decided in court. While the division of assets does not need to be equal, it should be fair, regardless of marital factors such as who was the household provider or who purchased what. 

Marital Property vs. Non-Marital Property 

When evaluating assets, divorcing spouses may be able to divide their assets into two categories: material property and non-marital property. Assets that are considered marital property are all things that were acquired during the marriage and before the couple was legally separated. Assets considered non-marital property are all things acquired before the couple was legally married. Assets appointed through inheritance or gifted during a marriage can also be considered non-marital property. 

Dividing Different Types of Property

Deciding on the division of properties is going to lead to difficult conversations. When deciding what is fair for both parties, it is important to go into these conversations with a level head and willingness to negotiate. Knowing the different types of property that will be discussed will make these conversations easier to settle. 

 Divorce is different for every couple. An uncontested divorce involves both parties agreeing on divorce issues like property division and child custody. However, the many divorces are not this simple. Contested divorces are more difficult. The spouses do not agree on how to resolve divorce issues and the divorce may including complications such as custody disputes, high-value assets, and business ownership. In general, here are some concerns to look for that make your divorce far more complex.

Complex Factors To Look Out For

• Child-Related Issues - If you have children, this will complicate the divorce. The focus will revolve around who will be the sole caretaker for the child, parenting time rights, and who will pay child support. Child support payments may lead to questions about who will pay for the expenses of the child, such as potential medical bills or college tuition. The best case scenario to make these decisions less complex will be for the couple to create a parenting plan. This will help the couple decide what is not only in the best interest of the child but for both of the parents as well. Of course, even with a parenting plan, the ultimate decision will be approved by a judge whose main interest is in the child’s well-being. 

• Valuable Assets - A high-asset divorce is any divorce with expensive assets or substantial wealth. In these cases, dividing these assets can prolong the divorce and make the process more complex. These types of assets may include big-ticket items such as expensive homes and retirement accounts. In a divorce dealing with these types of assets, a forensic accountant may be required to ensure that all assets are accounted for and valued properly. 

  ...

 Divorce can be a difficult subject to tackle. Whether there are children involved, or simply shared finances, there are many obstacles that must be worked through. In the state of Illinois, there is no mandatory waiting period for divorce. As long as the petitioner has been a resident of Illinois for at least a minimum of 90 days, then it should be relatively simple to file for divorce. Illinois recognizes the grounds for divorce as no-fault, this means that a marriage has reached an irretrievable end. However, many things may lead to delays when finalizing a divorce. Whether it be the separation of finances, child-related factors, or your spouse prolonging the separation for their reasons. It is important to be patient and allow an experienced divorce attorney to help navigate you through this complex process. 

Types Of Divorce and How Long They Can Take

There are many variations of divorce. The best way to know how long your divorce may take is to determine what type of divorce you are going through. Doing this will help you approximate how long your divorce will take and the different factors it will entail.

• Contested Divorce - A contested divorce occurs when the spouses disagree about property division, child custody, spousal maintenance, or other divorce issues. This divorce can take up to six months to a year or potentially longer. 

  ...