Posted on July 31, 2020 in Divorce

The stereotypical depiction of divorce is often more fiction than fact. You have likely seen couples in movies screaming at each other from across an empty courtroom as a judge tries to get control over the proceedings. While this may be the case for divorcing couples who have a complex, contentious relationship, most spouses keep things out of the courtroom. Before making a decision on how you would like to pursue your divorce case, you should be aware of your legal options in Illinois. In order to appeal to the varying dynamics between divorcing couples, many law firms offer a variety of divorce resolutions.

Divorce Mediation

For couples who are splitting amicably and have productive communication skills, mediation is a good option. This form of alternative dispute resolution allows the spouses to work together to create their own, unique divorce agreement, without court intervention. A third-party mediator will be present throughout the process to keep things on track while remaining neutral to both spouses. They will not advocate on behalf of either party but will be well-versed in divorce law and the details of divorce agreements. Both spouses should show the agreement to their own individual attorneys before signing to ensure neither party is benefiting significantly from the agreement. 

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 Posted on July 24, 2020 in Divorce

If you are considering divorce and have children with your spouse, you may be wondering how things will be handled if you do decide to split. Not all divorcing couples experience contention in their parental relationship; some simply lose their romantic connection after some time together. Regardless of how amicable your relationship is, you are required to create a parenting plan according to Illinois divorce laws. Co-parenting can be difficult, especially with someone who you have legally divorced. This parenting plan will help guide you and your spouse with your future parenting arrangements and decisions, especially if you do not stay on friendly terms forever.

Illinois Requirements

Parenting plans are fairly customizable to fit each family’s unique needs; however, there are a few issues that are required to be addressed in an Illinois plan. The first topic that must be outlined is parental responsibilities. Divorcing parents must designate a custodial parent, or primary caregiver, and non-custodial parent. You should also detail who will be doing what, including each parent’s ability to make education, healthcare, and extracurricular activity decisions. Parenting plans will also include a detailed schedule, known as parenting time, which notes who will be caring for the child each day of the week. Each family’s parenting time arrangement will differ, with some choosing a more equal division and others having one parent be the primary parent. You must also include information about how you will handle disagreements on your parenting plan. Most parents will turn to mediation to avoid spending time in court, but if a history of abuse is present, this may not be applicable. One of the last required areas in an Illinois parenting plan is how to handle the relocation. If one parent wishes to relocate with his or her child out of state, he or she will need permission from the other parent, or the court, to do so.

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 Posted on July 15, 2020 in Divorce

Divorce agreements are made with the intention that they will last forever. While this may be the case for those who get divorced and do not have any children or alimony requirements, divorce agreements rarely last the test of time. When children or monthly support payments are involved, things never remain the same over time. Luckily, the Illinois court system addresses this possibility within their divorce legislation. In order for modifications to be made to your agreement, you must meet the criteria outlined below.

Spousal Maintenance

The purpose of spousal maintenance is to even the financial divide between both spouses and provide the lower-earning spouse with financial assistance. The terms of these payments vary for each divorce agreement. Some may be expected to provide this support indefinitely while others have a specified timeline. Divorced couples always have the ability to revisit their agreement, especially if they feel that the spousal maintenance requirements are unnecessary or unfair. 

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 Posted on July 09, 2020 in Divorce

Many people have experienced a long-distance relationship at some point in their life. Maybe you dated your high school sweetheart through college or perhaps you frequently traveled for business throughout your marriage. The most common consensus about long-distance relationships: They can be difficult to maintain. For divorced parents, living apart from their child can be a challenge, even if it is just down the street. For those who have relocated across the country, co-parenting might feel impossible. While you may not be able to see your child on a daily basis, it is still possible to remain an integral part of his or her life. Regardless of your location, and with a little extra effort, you can begin to close the gap even from afar.

Put Things in Writing

As a long-distance parent, it is even more important to have your legal rights listed. All divorcing parents must create a parenting plan, which they are able to adjust the details over the years as things undoubtedly change. Be sure to update your parenting plan with your co-parent before moving thousands of miles away. You should outline when you will see your child so that you can enforce the terms if necessary. This includes special considerations for holidays and school vacations. Travel costs can get fairly steep, so it may be easier for you to visit your child rather than have him or her fly to you.

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 Posted on June 26, 2020 in Uncategorized

When it comes to paying spousal support or maintenance (alimony), a common question is, “What happens if my ex remarries or starts living with someone else?” Do you still have to pay alimony in this situation? Under Illinois law, the remarriage of a former spouse receiving alimony automatically terminates the paying spouse’s obligations, unless the divorce settlement or judgment specifies otherwise. Even if the receiving spouse does not formally remarry, but instead starts “cohabitating” with another person, the paying spouse can still seek a court order terminating spousal maintenance. But keep in mind, unlike with remarriage, cohabitation does not automatically end alimony obligations.

Appellate Court Finds “Friends with Benefits” Relationship Not Enough to End Alimony

Indeed, just because you believe your ex is now involved in a “de facto” marriage with someone else, that may not be enough to convince a judge. Take this recent decision from the Illinois Fourth District Appellate Court, In re Marriage of Blue. This case involves a couple that divorced in 2015. A marital settlement agreement between the parties required the former husband to pay the former wife $1,200 per month in alimony. The agreement followed Illinois law and specified that spousal maintenance would terminate if the former wife “cohabited with another person on a resident, continuing, or conjugal basis.”

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 Posted on June 23, 2020 in Divorce

Retirement accounts are frequently among the most important assets involved in an Illinois divorce case. If pension benefits are earned by either spouse during the course of a marriage, they are considered marital property. So in the event of a divorce, a judge may issue a Qualified Domestic Relations Order (QDRO), which enables the division and transfer of retirement funds without incurring any legal penalties.

Appeals Court: Divorce Settlement Did Not Refer to Former Husband’s Disability Pay

A recent decision from the Illinois First District Appellate Court raised an interesting question related to divorce and retirement benefits–namely, does a QDRO affecting a former spouse’s pension also apply to any pre-retirement disability benefits they receive?
The facts of this case, In re Marriage of Sullivan, are fairly straightforward. A husband and wife divorced after nearly 13 years of marriage. During the marriage, the husband acquired pension benefits through several plans. Based on a marital settlement agreement (MSA) negotiated between the parties, a Cook County judge entered a QDRO, giving the wife 50 percent of all listed pensions.
After the judge entered the order and the divorce was final, the now-former husband applied for Social Security Disability insurance benefits. This was necessary so that he could also receive long-term disability benefits under his pension plans. When the former wife learned of this, she went back to court, arguing that she was also entitled to 50 percent of the disability benefits. The former husband argued the MSA and QDRO only applied to retirement benefits, not disability.
The courts sided with the former husband. The First District, affirming a Cook County judge’s prior ruling, noted that the “absence of an express or even implied reference to disability or disability benefits” strongly suggested that the “parties did not contemplate benefits at the time of dissolution.” Indeed, the agreement and QDRO only intended for the former wife to share in the former husband’s “retirement benefits.
The way that disability works, the former husband will receive those disability benefits until he reaches his normal retirement age of 65, at which point those benefits convert into the pension. So as the appeals court explained, had the former husband “never become disabled, he would not be receiving any payments” from his disability plan.

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 Posted on June 17, 2020 in Divorce

Here is a common question regarding divorce in Illinois: If I divorce my spouse, can he or she still inherit property under my will? The short answer is that if you did not bother to change your will after the divorce–and you really should–then any language naming your ex-spouse as a beneficiary or executor is automatically invalidated. The remainder of your will remains valid; the law simply acts as if your former spouse had predeceased you. Of course, you are always free to sign a new post-divorce will naming your ex-spouse as a beneficiary or executor; this rule only applies to pre-divorce wills. If a person dies without a will, his or her estate is subject to distribution under Illinois intestacy law. Intestacy usually provides that the surviving spouse will inherit all or part of the estate, depending on whether or not the deceased had any children or heirs. But as with the rules governing wills, a former spouse’s right to intestate succession ends with the entry of a divorce judgment.

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 Posted on June 08, 2020 in Child Support

When it comes to modifying child support obligations in Illinois, a court must answer one basic question: Has there been a “substantial change in circumstances” justifying a departure from the original award of child support? What qualifies as a “substantial change” will depend on the facts of a given case. But one thing to keep in mind is that if a change was anticipated or expected at the time of the parents’ divorce, that alone will not guarantee that a court will increase or reduce a non-custodial parent’s support obligations. Below is a recent court case that involves parenting time and a request for a child support modification in Illinois.

Court: Will County Father Not Entitled to Reduce Support  

A Will County case from earlier this year, In re Marriage of Connelly, helps to illustrate what Illinois judges look at when considering a request to modify support. The parents in this case divorced in 2015. Under a joint parenting agreement (JPA) approved by both sides, the mother became the residential parent, with the father receiving certain visitation or parenting time rights. A subsequent marital settlement agreement (MSA) required the father to pay 28 percent of his income as child support.

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 Posted on May 29, 2020 in Child Custody

It is not uncommon for one parent to move out of state following a divorce from the other parent. But when it comes to relocating with a minor child, an Illinois court must first determine if such a relocation is in the child’s best interests. Illinois law establishes a list of factors for the court to consider, including the circumstances and reasons for the relocation, the child’s educational opportunities at the new location, and whether the court can fashion a reasonable parenting plan if the move is allowed.

Illinois Court Reconsiders Earlier Decision to Deny Mother’s Request for Relocation

The parent seeking relocation bears the burden of proving that a proposed move will benefit the child. No parent should ever relocate under the assumption that the court will simply allow him or her to take the child along. In addition, should a court decide to reject a proposed relocation, the parent’s options for appeal can prove quite limited.

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 Posted on May 22, 2020 in Divorce

Child support obligations do not always end when a minor turns 18. In Illinois, the law also provides for non-minor support obligations. Specifically, a parent may be required to make certain “contributions” toward their adult child’s college expenses. Section 513 of the Illinois Marriage and Dissolution Act authorizes a judge to make such orders. Unless the parents agree otherwise, the court will not order parents to support their child’s education past their 23rd birthday. (In exceptional circumstances, this may be extended to the child’s 25th birthday.) In this context, educational expenses include not only tuition but also housing, medical, and other “reasonable” living expenses. That said, a parent is not obligated to pay the full cost of an out-of-state private school. Illinois law caps a parent’s total obligations based on the current in-state tuition and room and board rates used by the University of Illinois at Urbana-Champaign.

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