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Do I Need to Prove a Ground for Divorce in Illinois?
If you have decided to divorce your spouse, you likely do have a reason. It could be that your spouse has committed adultery, or has become addicted to drugs. Or your reason could simply be that you no longer have romantic feelings toward your spouse. In the past, you might have needed to prove your reasons to a court. There used to be defined grounds for divorce like “extreme cruelty” and “abandonment.” Now, Illinois courts generally only recognize one ground for divorce, and that is that you and your spouse have “irreconcilable differences.” Since 2016, this is the only ground for divorce in Illinois’s new “no-fault” system. While your spouse could certainly be the one who took a course of action that directly caused you to choose to divorce them, you will not likely need to prove it. Courts are more interested in completing your divorce and getting you a final decree than in hearing evidence related to why the marriage has not worked out. It is still best to be represented by an attorney, as there are some facts you may still need to prove.
What Is Dissipation in an Illinois Divorce?
Recklessly spending money before a marriage is completely over could land a spouse in trouble in divorce proceedings. All spouses must obey the divorce order once the judge has entered it, but before a divorce is finalized, each spouse has the obligation to preserve marital assets to the fullest extent possible. If not, they could be considered to be dissipating marital assets and may face punishment from the court.
The Legal Definition of Dissipation in Illinois
Dissipation does not mean simply wasting marital assets. The Illinois Supreme Court had defined dissipation as the "use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irretrievable breakdown."
While the classic example of dissipation is spending money on a new lover, the definition could also apply to situations that reach beyond that. For example, Illinois courts have even found dissipation when one spouse donated money to a church. If the spouse made a large purchase for themselves, or they failed to properly tend to marital assets, they could be found to be responsible for dissipation.
4 Tips for Preparing for Your First Meeting with a Divorce Attorney
The first meeting with your divorce lawyer may feel uncomfortable and frightening. After all, you are embarking on a process that will have plenty of uncertainty and possible stress. While you may not be able to control other parts of the divorce process, you do have some level of control over your initial meeting with the lawyer. Your first conversation will be more beneficial when you come prepared.
Keep an Open Mind
You may have an idea in your mind of how your divorce will proceed. Unfortunately, your ideas will sometimes run into the realities of the divorce process and the law. You may hear something that you did not expect. You should not have any firm preconceptions in your mind. Instead, you should prepare to be flexible based on what your attorney tells you. It may take some time to know where your divorce is heading, and you should not expect to leave with any concrete plans after your first meeting.
What Is a Guardian Ad Litem in a Divorce?
There are times when two parents cannot work together to make decisions that are in the best interests of their children in a custody case. In other cases, a child may have special needs that require additional involvement in the decision making process from someone whose job it is to advocate for and represent their interests. A court may appoint a guardian ad litem to represent the interests of the child. Essentially, they act as a lawyer for the child throughout the custody process.
The Guardian’s Role Is to Make Recommendations to the Court
A judge can appoint a guardian ad litem in a custody case after one parent has filed a motion in court or because the judge has concerns about the getting facts of the case correct. The term “guardian” is somewhat misleading, however. The guardian ad litem does not have any legal authority over the child; only the court retains the authority to make decisions about the child when necessary.
Will My Child Need to Testify in a Divorce?
In any child custody case, the court will consider the best interests of the child in reaching a decision. There are times when a judge will want to hear directly from the child, especially if they are old enough to voice their own opinions. Parents may worry about whether their child will need to testify in open court, which could add to the stress that they are already facing. Illinois law provides procedures for how children testify if it is necessary.
The Judge May Want to Hear from Your Child
It is within the judge’s discretion to request testimony from your child. Illinois law recognizes that testifying in open court is a very stressful situation for a child.Thus, your child will not be required to testify in open court. They will not be examined by a lawyer or cross-examined by the other attorney.
The Judge Does the Questioning
Your child will be interviewed by the judge in their chambers. Judges know that children are in a difficult situation, and they will try to handle the situation as delicately as possible. They will generally try to avoid lengthy questioning that involves putting the child on the spot. Usually, the judge will try to have a conversation with your child, as opposed to subjecting them to more formal questioning. The judge may also have a trained professional speak with the child to learn more about the situation.
How Are Stock Options Valued in a Divorce?
Professionals may receive stock options as part of their compensation package. These are considered marital assets that are subject to equitable division in an Illinois divorce. There are several challenges associated with valuing these assets. The divorcing spouses often disagree about the value of stock options.
There Are Pricing Formulas that Can Be Used
For many employee stock options, you simply cannot look to exchange-traded derivatives as a pricing guide. The options are too customized, and the time horizon is too far into the future, to get any guidance from the market. Most options are valued using the Black-Scholes formula. This is an established methodology for pricing options that has been in use for five decades. This is the formula that is used in most divorces, although how it is used will be up for debate.
There Are Different Inputs Into the Black-Scholes Model
The Black-Scholes model considers the following inputs:
Which Professionals Should I Seek Advice From During My Divorce?
You should not try to go through your divorce on your own. Even though you know what is best for you, this does not mean that you should expect to have all the answers about how to address the issues you may encounter. Professionals can help you handle many aspects of your divorce, giving you critical advice to help you manage the process and be able to move forward once your marriage has been legally dissolved. An experienced divorce attorney can help you with the legal aspects of your case, and other professionals that you may want to include in your team include:
Seek Counseling from a Licensed Mental Health Professional
Preserving your mental health and addressing emotional concerns can be critical throughout the divorce process. In these situations, you will likely experience significant stress. Divorce is considered to be the second-most traumatic event you may encounter in your life, with only the death of a loved one being worse. It is okay to admit that you are not completely okay and seek help from a mental health professional. They can help you talk through the issues that you are facing and provide you with strategies that can help you cope with your present reality and your fears about the future. The more grounded that you can remain during the divorce process, the better the chance that you can emerge from the divorce successfully and begin your life anew.
Do I Need a Postnuptial Agreement?
Postnuptial agreements are similar to prenuptial agreements. They are contracts that govern how marital property would be divided in the event of a divorce. The difference is that a postnuptial agreement is signed after the two spouses have married. These agreements could be crucial in certain circumstances. An Illinois divorce lawyer can advise you about whether you should seek a postnuptial agreement and help you draft an agreement that meets your unique needs.
You Did Not Sign a Prenuptial Agreement but Want to Now
Some future spouses do not want to talk about money before they are married. They may think that there is a stigma attached to a prenuptial agreement that keeps them from entertaining it or be unaware of the benefits of signing a prenuptial agreement. However, they may now realize they made a mistake by not signing one. A postnuptial agreement is a way to remedy what may now seem like an error.
Can a Mediator Help with My Divorce?
Most Illinois divorces are resolved without the need for a trial. However, not every divorce begins on the path toward an amicable resolution. There are some instances in which you may need some extra help to reach an agreement. A professional mediator can help you and your spouse find common ground and move toward a potential settlement.
How Mediation Works in a Divorce
A mediator is a trained party who is neutral. They do not have any power to decide issues in the divorce, nor will they take sides between the two spouses. Instead, they will help the two parties talk. The mediator would help the spouses find common ground and help them navigate the more difficult issues that stand between the parties and a final agreement. The hope is that, by communicating and exchanging viewpoints, the two spouses can bridge the gap and eventually reach an agreement.
Non-Minor Support Obligations - What You Need to Know
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.
In Illinois, non-minor support is provided to children with disabilities and their parents to meet their increased financial needs.