Divorce cases in Illinois often take many months--and sometimes years--to fully resolve. During this time, it is possible that one spouse may pass away. If this happens, what effect does it have on the divorce case? For example, can the surviving spouse enforce a property division order against the deceased spouse’s estate?

Deceased Husband Owes Wife $25,000 for Misconduct in Divorce Case

A March 2020 decision from the Illinois Third District Appellate Court, In Re Estate of Strong, addressed the rights of a person to assert a creditor claim against the estranged spouse’s estate. In this case, the husband and wife married in Germany in 1986. The husband returned alone to the United States in 2013 and filed for divorce in Illinois a year later. When the wife failed to respond, the Illinois court granted the husband a default judgment of divorce.

There are many circumstances that can lead to a divorce, and every situation is unique. Illinois divorce law makes it somewhat easy to justify your reason for wanting to legally end your marriage. Citing irreconcilable differences is the only grounds for divorce in Illinois. However, nothing about divorce feels that simple when you are going through it, so having the assistance of an experienced divorce attorney can make the proceedings less intimidating. As you are preparing to file, it is important to consider the several routes that a no-fault divorce can take.

Illinois’ Divorce Laws

In Illinois, you do not have to find fault with your spouse to legally justify your reason for wanting a divorce. In the past, you would have to prove that your spouse was adulterous, an alcoholic, abusive, or engaging in other harmful behaviors. Since Illinois is a no-fault state, you can file at any time and get divorced in a fairly quick manner if both you and your spouse consent to the terms of the settlement. Your divorce decree will contain information on spousal support, property division, as well as child support and parenting time if you have children. 

When most people get married, they intend the union to last a lifetime. However, that is not always the case due to various reasons. Statistics show that between 40 and 50 percent of all marriages in the United States end in divorce. In some cases, infidelity, abuse, financial or cultural differences can put a significant strain on a relationship, causing it to break down. Spouses may try counseling to save their marriage, but in many cases, it might be too little, too late, ultimately leading to the difficult decision to part ways. When a couple has children together, there are many issues that need to be resolved before the divorce can be finalized in Illinois. This includes the allocation of parental responsibilities and parenting time, formerly known as child custody and visitation. Divorce typically requires an adjustment period for everyone involved, but an experienced family law attorney can guide you through the process.  

Creating an Effective Parenting Plan

A parenting plan is a legal document that outlines important matters that affect any children in a divorce, including how those decisions will be made. This plan also includes a parenting time schedule, which specifies what days of the week each parent sees his or her children. 

That’s another very common question we get asked a lot, and it’s another one that can vary greatly from case to case. There are a lot of factors involved in the length of your case, but the primary factor relates to the level of agreement between the parties. If the parties are largely in agreement on most issues, then the case can be over quite quickly. In a situation where the parties have come to complete agreement, and they just need a lawyer to memorialize this in a settlement agreement and make sure the parties have addressed all issues required by statute, the case can be completed expediently, often times in 60-90 days.

On the flip side, if there are some issues that are outstanding, and that have to be brought before the court, the case can drag out for some time. This is because the court system is designed to be fair, not fast. With court filings everything has deadlines and time periods. Once a motion is filed on an issue, then the other side is given time to file a response, and then a hearing is set. The timeline for a single motion can easily be over a month or longer from initial filing to resolution. If parties find themselves in a position where they do not agree on much of anything, this can cause a divorce to go on for quite some time if numerous issues have to be brought to the judge for resolution.

Another thing that can come into play is the attorneys in the case. We take more of a cooperative approach and try to work things out outside of court and discuss things with opposing counsel, and attempt to drive matters to a reasonable conclusion. However, there are attorneys out there who feel the need to contest every issue and try to “win” on every minor detail, which can cause issues to need to be brought before the court that otherwise would not.

Under Illinois law college costs are addressed under Section 513 of the statute. That Section states that the court will look at the situation, the parties, each party’s respective income and their ability to pay. So if one party’s income is drastically higher than the others, they’ll likely have to pay a higher amount of the college costs.

The court will also look at the child’s ability to pay. It’s not uncommon for a court to essentially look at the parties and say one third, one third, one third, but if there are savings accounts that can be used first that were set up and designated for the child for college, all that will be taken into account. But, typically college expenses are not designated at the time of the divorce because it’s an issue that’s in the future and the statute recognizes that and anticipates that the parties’ situation at the time when college education costs become reality is the appropriate time to examine the parties’ abilities to pay.

The cost of divorce is one of most common questions we get asked, and unfortunately there is no simple answer to it.Costs of Divorce The cost can vary greatly depending on the initial level of agreement between the parties when they first start the divorce process, and it can vary greatly based on the amount of property and the nature of the assets to be divided. If the parties are in relative agreement on a lot of issues, the cost will be lower. If they have many issues to that are in conflict, such as kids, or a business, then the costs are going to be driven up just by the nature of the number of issues that have to be settled.

As for who pays for the divorce- generally people are responsible for their own attorney’s fees, but practically, it is all coming out of marital funds. Generally the court will order one person to pay another person’s attorney’s fees is when that party controls almost all the assets in the marriage. A typical example of that would be if one party did all the finances for the family, they paid all the bills, they had access to everything, and they maintain this control when the divorce begins. At that point it would be proper to petition the court to have the other party pay the attorney’s fees for the party who does not have access to the funds.

When faced with a divorce, you will encounter a variety of complicated legal issues: Who will keep the house? Where will our children live? How will we divide our credit card debt? With all the uncertainty in the divorce process it puts extra strain on your emotions. However, it is important to stay engaged and keep your focus on important details. List below are 10 tips to help you survive and thrive through the divorce process.

Compile Information

It is important to gather as much information as possible about what your spouse is doing. It is often common for one spouse to know very little about what the other has in regard to income, expenses, investments and retirement assets.

Make Copies of Everything

Once a divorce is under way; it is very common for documents to disappear. Formal discovery and subpoenaing bank records can be very costly, and you can save yourself a lot of time and money by making copies of everything you can get your hands on early.

Maintenance (Alimony)

Maintenance (alimony) describes payments made by one spouse to the other spouse to preserve their lifestyle when the earning capacity of one is significantly greater than the earning capacity of the other.

The court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.

The court shall first make a finding as to whether a maintenance award is appropriate, after consideration of all relevant factors, including:Spousal Support

Every divorce is unique and has its own special set of facts and circumstances, which include the interests of the children. Stages of Your Divorce Each client deserves the right to have an attorney who has the skill, knowledge, and experience for their case, and selecting the right attorney is your first important step. At the Law Office of Ronald L. Hendrix, P.C., we make a point of getting to know our clients, their interests and concerns, and especially the interests of their children.

Petition For Dissolution of Marriage

The divorce begins when a Petition for Dissolution of Marriage is filed with the county Circuit Court Clerk. The Petition will identify the parties to the divorce and any children of the parties. It will also contain factual information, and the party filing for the divorce will state a reason as part of the Petition. Grounds for divorce no longer exist in

Appearance and Response

Usually, the Petition is served along with a Summons by an Officer of the county’s Sheriff’s Department or licensed process server in order to acquire jurisdiction over the other party. Or, the Petition may be sent directly to the other party, requesting that party or party’s attorney to voluntarily file an Appearance, and avoid being served. The Appearance is a form whereby a party acknowledges the Petition for Dissolution of Marriage has been filed, and the party submits to the jurisdiction of the court. The party receiving the Petition also has the opportunity to file a Response to the issues in the Petition that are disputed, as well as set forth that party’s position on certain issues.

In my practice as a Naperville divorce attorney, I often recommend that my clients consider mediation (or other non-adversarial options) for their divorce. There are many benefits to non-adversarial approaches such as mediation over traditional divorce litigation; however mediation is not for everyone. This article covers situations where you may have to consider litigation over a less adversarial divorce resolution process like mediation or collaborative divorce.

Mediation requires that there is some level of cooperation

Couples that are going through divorce always have issues that they are in disagreement with. Why Litigation is Sometimes Necessary Whether or not mediation is successful comes down to the magnitude of the disagreements, and more importantly, whether or not both parties can cooperate enough to reach a settlement. If cooperation is simply not there, then litigation may be the only path.

Additionally, with mediation both parties to some degree have to be ok with the idea that their soon to be ex-spouse can live a happy life going forward. This is important, because with mediation it is necessary that each party negotiates based on their common interests and needs, not out a sense of revenge or desire to “win”. When one or both of the parties are out for vengeance (or to seek an unfair settlement), then mediation becomes impossible. In this situation litigation may be the only option.

It’s no secret that divorce is hard. For most people it’s one the most emotionally challenging times in their lives. As a Naperville divorce attorney for the last 18 years, I have found that clients who have successfully moved on with their life after divorce exhibit certain characteristics and behaviors. In this post, I offer a list of suggestions for achieving a successful outcome for your divorce.

Focus on your new life Tips for a successful divorce

Yes, divorce is tough. However, after a period of adjustment many people find that their new life is much better. It is important during the divorce process to focus on your new life, work towards new dreams, and most importantly let go of the past.

Stay positive and confident about yourself

Being divorced does not mean that you are a failure or that you’ve done something wrong. It simply means that your relationship with your spouse did not work out. This is not a time to get down on yourself. You are worthy of love and capable of living a great new life post-divorce. Stay positive!

For children of divorcing parents there is a period of adjustment for them to feel comfortable and happy living in two houses. It is possible that, your children may already have some anxiety about the divorce and adapting to life in two households may increase their anxiety. However, as a parent you can employ some strategies that will make the transition less challenging for your children.

Children of Divorcing Parents Here are some strategies for helping your children adjust to living in two homes:

Focus on routines

Kids love stability so it is very important to maintain consistent routines for play, bedtime, homework, and meals. These routines do not need to be the same at each house. However, it is important to have consistent routines in each home.

If you are living in Naperville or the surrounding communities and are contemplating divorce, it is important to take the appropriate action and prepare for the divorce process. This post recommends 7 steps to prepare for your impending divorce.

Gather information, learn about, and understand your rights.

The vast majority of people entering the divorce process for the first time do not truly understand how the divorce process works. It’s important to consult with an attorney before the divorce process starts and learn what your rights and responsibilities are. Additionally, an experienced attorney can help you gain insight into what type of divorce you may be facing (litigation, mediation, collaborative divorce, uncontested divorce).

Develop a balance sheet for your marital assets and liabilities.

Start by listing all your debts and financial obligations (home mortgage, auto loans, credit cards etc.) Then list all of your financial accounts including insurance policies, retirement accounts and other savings accounts and vehicles. Additionally, take an inventory of all your personal belongings including automobiles, boats, artwork and furnishings. Having a clear understanding of your financial situation is critical for making decisions about your divorce, and will save you time and money when you start working with an attorney.

If you are living in Oswego, Kendall County or the Naperville area and are considering Divorce, then you may want to consider Mediation as an option. Divorce mediation is a process where a neutral mediator assists both you and your soon to be ex in coming to an agreement on a divorce settlement. It’s a process that allows divorcing spouses to stay involved with the decision-making process during their divorce rather than rely on a court. For the most part the process focuses on cooperative problem-solving and addressing the needs of both you and your soon to be ex. Here are 7 benefits of divorce mediation:

• You have increased decision-making powers over the outcome of your divorce. You and your ex choose the primary topics that you want to negotiate and settle on. Then through cooperative negotiation the two of you create a divorce agreement that aligns with the unique needs of your family. You and your ex are no longer forced to work within the strict guidelines of the litigation system which gives the court the decision making power over your final divorce agreement. As a result the two of you can create a more detailed agreement that meets the specific needs of your situation.
• Increased privacy. All the communications and documents created during divorce mediation are confidential. In contrast when you take your divorce to court everything is argued in a public setting in front of a judge, attorneys, court employees and numerous other people that may be in the court room. It is an awful feeling to have to share details about your marriage and your children to a court room full of strangers.
• Mediation is user-friendly. Often times you’ll have the option to have meetings in the evenings or on weekends. And it’s not required that you appear in person at the meetings. For example, many mediations occur via video conference. In contrast, the court may not be as flexible and you are required to adapt to the schedule and rules of the court.
• It’s easier on the children. If you go to court your children may be required to appear there. For child custody proceedings it’s not uncommon for the children to be interviewed and observed by several experts. All this is avoided if the divorce mediation process is used. And because the overall process involves less conflict the children are less exposed to the hostility between the parents.
• There is less adversity. The focus of the mediator is on the needs of both you and your spouse, not on winning or determining who is to blame. A good Mediator will work with you and your spouse to help you both stay focused on your individual needs and in turn help you come to a mutually acceptable agreement. With divorce mediation there is far more communication and far less fighting.
• It will save you money. Typically in divorce mediation one professional works with both you and your ex to help you come to agreement. And you’re only paying for the time that you’re in meetings rather than waiting around in court with two attorneys. In contrast, with divorce litigation you’re paying for a costly drafting of motion papers back and forth between attorneys and then the associated court appearances.
• It improves your chances of moving on to a new and better life. After all, the goal of the divorce is to make a positive change and move on. Mediation, because it’s less adversarial, allows both you and your ex to move on with your new lives in a more positive way and opens the door for you to forgive each other, to work well together raising your children, and to both live a great life.

Author Ron Hendrix is a Divorce attorney and mediator serving clients in Oswego, Naperville and the surrounding areas including Kendall County, Will County, DuPage County and the Chicago metro area.

The divorce process can be emotionally and economically draining on families. Over the years as a divorce attorney in Naperville, Illinois, I have found that the periods before and after the divorce are the most challenging times in my clients’ lives. And, the process of divorce can be particularly difficult for children of divorcing parents.

Children Through the Divorce Process When children are involved, the ideal scenario is that the divorcing parents are amicable and that they cooperate, not only in the divorce process, but in supporting the children during this time. However, not all divorces are amicable, and in this case it is even more crucial for parents to consider the emotional health of their children before, during, and after the divorce. The following guiding principles should be considered by any parent confronting a divorce.

Principle 1 – Encourage your child to have a positive relationship with your spouse during and after the divorce. Do not allow your child to overhear conversations about your spouse and your divorce, or make negative comments directly to your child about the other parent. It is important that children feel safe and know that both parents love and support them. Treating your spouse with respect and presenting a united front to the children will allow the children to maintain positive feelings toward both parents. If possible, parents should meet with their children together to explain the divorce.

On January 1, 2016, new laws regarding divorce and child custody went into effect in Illinois. At first glance, these new laws appear to have significantly changed child custody in the state. In fact, the very concept of “custody” has been replaced by the concept of “allocating parental responsibility” under the new legislature.

Child Custody and Parenting Plan In application, however, the law is still essentially the same. What the legislature has done is to update the statute to shift focus to what is in the best interests of the children. In the past, custody of parties’ children was considered something to be “won” or “lost”, therefore encouraging parties to argue over it. In the end, however, the vast majority of parents settle on a parenting agreement that provides for both parents having parenting time with their children, and both parents taking responsibility for certain day-to-day decisions and activities.

By removing the idea of “custody” from the statute, the legislature has aimed to change attitudes when negotiating a parenting agreement. Parenting agreements will now deal primarily with the allocation of parenting time and of responsibilities as a parent. Children involved in a divorce benefit if the parties can work together to determine how to care for the child, rather than taking the position that every issue is “winner takes all” in a fight for custody.

When a couple decides to get a divorce, they begin to analyze the most common matters to be addressed such as division of property and accounts, spousal support, a schedule for sharing parenting time, and responsibility for debts as well as future expenses for children and college education. They will often begin to research divorce attorneys for representation, but may also consider handling the divorce on their own. “Pro Se” is a Latin phrase meaning “for oneself”, and therefore, if someone handles a divorce Pro Se, it means that they are representing themselves.

Divorce Attorney Representation The most common reason for a couple to explore handling a divorce on their own is financially motivated. Simply put, they want a divorce, and they want it to be as inexpensive as possible. Parties may feel that they have already worked out the terms of their agreements and do not want to hire an attorney when they feel they can do the paperwork themselves. Often it is just one of the divorcing parties who the proponent of going Pro Se, while the other may prefer to hire attorneys. In this case, it is important to consider if keeping the divorce cost low is your spouse’s only motivation for going Pro Se, or if it is an attempt to control the outcome of the settlement.

Time and time again, attorneys receive calls from parties who have filed for or completed a divorce on their own and have run into problems. The legal documents that are entered upon the completion of a divorce must be detailed, covering every aspect of the parties’ agreements on financial and parenting matters based on local statutes and specifics of a client’s individual situation. Though the intent is to save money, couples who go Pro Se often miss important details and make costly mistakes. Unfortunately, many find themselves back in court post-decree correcting areas that were not clearly defined in their original agreements.

If you hadn’t heard of the adultery website called Ashley Madison (ashleymadison.com) before last Tuesday, chances are you’ve heard about it now. The recent news about the breach of the private data collected by this website, whose tagline is “Life is short. Have an affair.”, has caught the attention of the news media, many potentially guilty spouses, and divorce attorneys everywhere.

Reportedly, personal details of Ashley Madison members were hacked last month by a group known as The Impact Team, and the group threatened to make this information public. Though initially there was skepticism by investigators about the validity of the breach and threats, earlier this week the group made true on their threat to “dump” the stolen information early this week onto the Dark Web, an area of the Web only accessible by a covert browser.

While preliminary investigation shows that users of the site are located all over the world, Chicago came in 8th in the top ten U.S. “cities with the most cheaters” according to a recent posting on CBS News’ website. Locally, the Chicago suburbs of Plainfield and Naperville were ranked number two and number 18 in a July 21st article posted to the Plainfield Patch website.