In a perfect world, your divorce would get settled quickly and not involve any complications. Unfortunately, however, there are several matters that can complicate your Illinois divorce, including a personal injury settlement. If you are waiting for your personal injury claim to settle while getting a divorce, you should educate yourself on how your settlement may be divided between you and your spouse.

Defining Marital Property in Illinois

In the state of Illinois, marital property refers to any assets acquired during a marriage. There are particular types of property that are non-marital, such as items received as a gift or inheritance to one spouse, property obtained before the marriage, property obtained after legal separation, legal judgments given to one spouse, and assets excluded from marital property by mutual agreement. One might assume that personal injury settlements would be considered non-marital property in a divorce. However, in the state of Illinois, personal injury settlements, workers’ compensation benefits and disability benefits can be, and often are, part of the marital estate.

Perhaps the most important element in determining whether a personal injury settlement should be considered in a divorce is the date of the incident that caused the injury. For example, if you were injured in a slip and fall accident before you got married, any compensation for your losses would be considered non-marital--even if you receive the settlement during your marriage. 

If you have been unhappy in your marriage for a long time, you may have decided to file for divorce. While the decision may not have come easy, you knew it was a necessary one. However, what if you are faced with the dilemma that your spouse refuses to sign the papers. This can definitely prolong the process and make it more stressful, but it is still possible to get a divorce.

Common Reasons Why Spouses Do not Sign Divorce Papers

It is frustrating when a spouse refuses to sign divorce papers, but it can and does occur. Some spouses may be religiously opposed to divorce, while others feel that you cannot get divorced unless both spouses sign the documents. In other situations, spouses may feel so bitter that they were served with papers that they want to retaliate.  

A divorce is stressful enough on its own. When you and your spouse are expecting a child, it can make matters even more complicated. In addition to dealing with legal paperwork and feelings of hurt and resentment, you are facing the hormonal changes associated with pregnancy. If you have plans to get divorced, you should consult an Illinois divorce attorney promptly.

Can You Get Divorced in Illinois While Pregnant?

In Illinois, there are no laws that prohibit you from divorcing your spouse because you are pregnant. However, it is important to understand that certain issues can still arise. For one thing, you will not be able to get a simplified divorce. If you are expecting a child, you can anticipate proceedings to take longer to complete.

There is also the matter of paternity. If you become pregnant while married, it is generally assumed that the husband is the father. However, if there is a chance that the father could be someone else, you will have to order DNA testing to establish who is actually the biological father. Once paternity is determined, both biological parents will have parental rights to the child.

As with many life events, change is inevitable during and after a divorce. For families with children, divorce can be especially stressful. Children may experience difficulties since their entire life is being turned upside down. Small things, like who will be there to tuck them in at night, can be a source of great stress and discomfort for children when regular patterns change suddenly. As a parent, there are certain things that you can do to help your children through this time of transition while also easing some of your own stress as you learn how to co-parent your children with your ex-spouse. 

Follow Your Parenting Plan

One of the easiest ways to keep your co-parenting relationship positive is to obey the terms of your parenting plan. Before you can finalize your divorce, you will be required to file a parenting plan with the court that contains a variety of information about how you and your spouse will raise your children. If you both make it a point to follow your parenting plan, there will be less of a chance that a disagreement or fight will occur over something.

Even though no two divorces are exactly the same, most divorces follow a similar pattern. Most divorces begin when one spouse files a petition for divorce, prompting the other spouse to file a response. The divorce is not final until you and your spouse both appear before the judge to receive your final decree, which officially divorces you from your spouse. However, this process does not happen overnight. Sometimes, it can take months or even years to complete a divorce. In the meantime, you may be wondering what you are supposed to do regarding parenting time or even child support, if your spouse no longer lives with you. Thankfully, this is the exact reason temporary orders exist for Illinois divorces.

Types of Remedies in Temporary Orders

Many times, temporary orders that are requested during a divorce have to do with financial issues such as support, however, there are various issues that temporary orders can address during a divorce. If you request orders that only last the duration of the divorce, they may include:

• Temporary spousal maintenance and/or child support: One of the biggest reasons people file temporary orders while they are going through the divorce process is to establish their right to spousal maintenance and/or child support. You can ask the judge to make a preliminary determination on amounts that are needed for you to run your household and support your children while you are going through the divorce.

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