Posted on June 16, 2020 in Family Law

Getting a marriage annulled is not simply another way to end a marriage. While divorce terminates a marriage, an annulment declares that a marriage was never valid in the first place. In Illinois, an annulment is technically called a "Declaration of Invalidity of Marriage." An individual cannot get their marriage annulled simply because they regret getting married. In order to qualify for an annulment, there must be some reason that the marriage is considered invalid. Fortunately, if a marriage does not qualify for an annulment, the couple will still be able to end their marriage through divorce.

Reasons That a Marriage May Be Considered Invalid

In many cases when we hear about a married couple getting an annulment, it is a religious annulment through their church. However, a civil annulment is only issued if a marriage is invalid for some reason. The justifications for annulment include:

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 Posted on June 12, 2020 in Divorce

The U.S. has increasingly recognized the rights of couples who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ) in the past decade. The national legalization of same-sex marriage was a landmark decision for the LGBTQ community. The normalization of LGBTQ divorce naturally came with the broad legalization of LGBTQ marriage. On a basic level, divorce for LGBTQ spouses is functionally the same as for other spouses. Most divorce laws are gender-neutral, meaning gender identities should not affect how properties are divided or parental rights are allocated. However, LGBTQ spouses may have a different divorce experience than heterosexual spouses:

1. The Length of Their Marriage May Not Reflect the Length of Their Relationship: The duration of your marriage matters during a divorce. How long you were married determines how long you can receive spousal maintenance. Spouses in a long-term marriage will have more properties that qualify as marital assets. Same-sex marriage has been legal in Illinois for only six years, and Illinois law does not grant shared property rights to couples who cohabit without marriage. LGBTQ couples may have been effectively married for decades, but only a fraction of those years officially count as marriage. Couples who entered a civil union before marriage may be able to count more years towards their marriage.

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 Posted on June 10, 2020 in Family Law

The term "separation" holds a certain negative connotation when explained to family or friends. If you and your spouse decide that you both need some time apart, others may jump to conclusions and assume that this is your first step toward divorce. While this may be the case for some couples, experts have shown that time away from your spouse can often help you make a better decision about how you would like to proceed. Some may simply live separately while others may file for a legal separation agreement. There are benefits and drawbacks to separation, some of which may bring you closer while others could drive you apart. A knowledgeable family law attorney can help you navigate the legal process of separation.

How to Facilitate a Healthy Separation

Living apart from your spouse for a period of time does not have to end in divorce. In fact, many psychologists and marriage counselors actually encourage time apart if you are struggling to make things work. Once apart, you may recognize how much you miss and rely on your partner and decide to put in the additional time and effort to improve the relationship. In order to be productive while you are separated, here are a few things that experts suggest:

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 Posted on June 06, 2020 in Order of Protection

Getting a divorce can cause uncomfortable interactions between you and your spouse. That behavior sometimes escalates to the point of harassment from your spouse. Fortunately, you can file for an order of protection against your spouse if they are continually harassing you. How do you know when your spouse’s behavior qualifies as harassment? You should explain your spouse’s behavior in detail to your divorce attorney, who can advise you on whether a court order could stop that behavior and what you need to do in order to receive that order.

Harassment in Divorce

Illinois defines harassment as conduct that knowingly and unnecessarily causes a reasonable person to feel distressed. Harassment in a divorce is usually verbal abuse made in person or via electronic communication. Common examples include:

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 Posted on June 02, 2020 in Divorce Over 50

Most couples view marriage as a contract to share their lives and care for each other when they are in need. After all, the common wedding vows include “in sickness and in health.” However, caring for a sick spouse is trying on your marriage if your spouse has a condition that is unlikely to improve. Especially for couples who have reached old age, there may be a point at which one spouse is physically or mentally incapable of functioning on their own. The caregiver spouse may feel conflicted between their commitment to their marriage and their feelings of unhappiness. Sometimes, the unhappiness wins and the couple divorces. Though this may seem disloyal to those who are outside of the marriage, there are several reasons why becoming a caretaker to your spouse can lead to divorce:

1. Your Relationship Has Changed: Spouses often think of each other as lovers, friends, and/or partners – all of which ideally means they are equals. When you are a long-term caretaker for your spouse, your relationship loses its equality. It may feel like you are a servant to your spouse without them reciprocating. Outside of your caretaking responsibilities, you may be performing all of the other tasks that you once shared. An unbalanced workload puts stress on you, and it is understandable to feel some resentment towards your spouse.

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 Posted on May 31, 2020 in Child Support

Child support is mandatory for all divorces that include children. Whichever parent has a smaller share of parenting time will be required to pay monthly child support to the other parent. Illinois bases its child support amount on an income shares model that considers how much raising the children should cost and the comparative incomes of the parents. If you are the parent who is required to pay child support, you have multiple methods by which you can send the payments to your co-parent. It is important to use a dependable method so that the payments get to your co-parent without difficulty and there is a record that you are in compliance with your child support order.

What Are the Ways You Can Pay Child Support?

The method that you use to pay child support may depend on the type of job you have and your personal preference:

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 Posted on May 27, 2020 in Family Law

Establishing paternity is something that every Illinois mother should consider for her child. Legally establishing paternity for your child can guarantee rights for both your child and your child’s biological father that neither would have otherwise. In some cases, you will not have to do anything to establish your child’s paternity. A man is presumed to be the father of a child if he is married to the child’s mother when the child is born or gets married within 300 days of the child’s birth. If the mother is unmarried when the child is born, she will have to establish the child’s paternity through a different route.

The easiest way to establish paternity is by having both parents sign the Voluntary Acknowledgement of Paternity (VAP) form at the hospital when the child is born or shortly thereafter. If both parents do not agree about the child’s paternity, the case can be brought to court. In cases of contested paternity, genetic testing is often conducted to eliminate any doubts or disagreements about who the child’s biological father is.

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 Posted on May 25, 2020 in Property Division

You have many important decisions to make about your marital home during a divorce, including whether you should sell it. Some spouses decide that selling their home is their best option if neither of them needs a home of that size or would be able to afford the home on their own. Selling the home could give both of you a significant amount of money to use in starting your post-marriage life. If you decide to sell your marital home, choosing an experienced real estate agent will be important in ensuring a successful sale that helps your divorce. There are characteristics that a real estate agent needs when selling a home for divorce:

1. Neutrality: Because you will be using the same real estate agent, you need to feel that the agent is treating you equally. Showing favoritism to one side causes the other side to distrust the agent and may lead to conflict in the divorce. The agent must make a concerted effort to share information equally with both spouses, even though it is natural to communicate more with the spouse who is still living in the home.

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 Posted on May 21, 2020 in High Asset Divorce

Keeping your business separate from your marriage is difficult to accomplish when you are getting a divorce. There are many ways that your business can become part of your marital property, whether you:

• Started the business during your marriage
• Grew the business’s value during your marriage
• Invested marital money into your business
• Mingled your business properties with your marital properties

For many small business owners, their spouses may be involved in the business as either an employee or part owner. A divorce can affect your business’s finances and your working relationship with employees and partners. However, you can minimize any negative impact on your business with the help of a divorce attorney.

Financial Effect

When your business is marital property, it means that your spouse can claim an equitable share in the business. If you already co-own the business with a partner, losing a portion of your ownership in the business could change your power dynamic with your business partner. Having a new co-owner could also be disruptive to your business, whether it is your former spouse or someone else they sold their ownership stake to.

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 Posted on May 17, 2020 in Child Custody

In some divorces, a parent is allowed to have sole responsibility for their child, including complete control over parenting time and decision making. This most often occurs when one of the parents is physically abusive towards the child or shows a total lack of interest in being part of the child’s life. However, most parenting plans will allocate parental responsibilities between both parents. In Illinois, the presumption is that one parent will have a majority but not all of the parenting time. Still, some parents try to receive sole parental responsibility for personal reasons. You should consider whether seeking sole responsibility is a wise decision before you go down that path.

Problems with Sole Responsibility

Illinois prefers a shared parenting plan because it assumes that children of divorce are better off when both parents are active in raising them. The exception is when you can prove a reasonable belief that your children could be in danger if they are left alone with your co-parent. You cannot deny your spouse’s parental rights as a way to punish them for infidelity or because you think you are a better parent. Those factors may help you receive a majority of the parental responsibilities but do not mean that your spouse is an unfit parent. Receiving sole responsibility is usually not in your children’s best interests. Having a strong relationship with both parents is crucial to a child’s development, and they may resent you if you try to deny their relationship with their other parent.

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