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When is legal separation a smarter choice than divorce?
Making the choice to end a marriage relationship is never easy. You may be certain that you and your spouse no longer want to remain in the same house and function as partners, but you may also be unsure if divorce is a smart option at this time. For Illinois couples that do not want to move forward with a formal divorce, a legal separation is a smart and often beneficial option.
Legal separation allows couples to live separately while remaining married. Of course, you could simply move out, but a legal separation agreement provides both parties with certain benefits and protections. If you no longer want to live in the same home, but are not ready to divorce, a legal separation could be right for you.
The right legal separation agreement
Like all agreements pertaining to family law, it is beneficial to ensure that your legal separation agreement provides all parties with security and reduces the chance of complications in the future. Because the period of legal separation can last for a long time, months or even years, it is beneficial to ensure your agreement addresses the following issues:
Uncontested divorce filing may be a wise option in Illinois
You are ready to part ways with your spouse and embrace single life. In fact, your spouse feels the same way. In this situation, it might make sense to move forward with an uncontested divorce filing.
Uncontested divorce filings offer the benefit of saving both money and time, due to the streamlined court procedures associated with them. Here is a look at what an uncontested divorce is and why it may be a smart option for you in Illinois.
Is an uncontested divorce a viable option for you?
An uncontested divorce is an option for you if both you and the other party are informed about the major issues in your divorce and agree on how to handle these divorce issues. These issues may include child support and child custody arrangements, for example. Other important issues to consider during your marital breakup include spousal maintenance and property division.
How do you start an uncontested divorce?
You can begin this type of divorce proceeding in the same way you would a contested one: with a divorce filing. You can simply file information regarding child custody and property division, as well as a statement on the grounds for your marital breakup.
How does law enforcement respond to domestic violence calls?
If you have found yourself in a situation of domestic violence, it can be very scary. However, you should trust that Illinois law enforcement is there for you and will offer you protection. While law enforcement cannot make the situation go away, they have certain responsibilities to you when you call them for help.
According to the State Police, officers arriving on the scene of a domestic violence call will carefully assess the situation to gather evidence of the abuse. They will arrest the abuser if they find sufficient evidence to support your claim. Even if they do not make an arrest, they will help you to get your personal items and leave the home. They will even help you get transportation if needed. You have the right to file chargers against you abuser and the officer should explain this to you and help you to file charges if you would like. Finally, if you have a protection order against the abuser, they will arrest that person regardless of evidence of current abuse as long as the person is in violation of the order.
Can you get a job after having served time in jail?
Being released from jail is liberating and allows you the chance to regain your footing and make drastic changes to your life. One of which, is finding a reliable job that allows you to make money and sustain your personal needs and lifestyle. Often, the biggest challenge you will face is the ability to find an employer in Illinois that will hire you considering your record and the fact that you have served time in jail. Fortunately, there are alternatives that you can consider as you put your best foot forward in the hunt for a job.
According to Chron, there are many resources you can use to learn about how to format your resume, write a compelling cover letter that appropriately addresses your past and even get leads on potential job openings. As you begin the process of finding a job, here are some steps you may consider to give yourself a better chance at finding a job:
- Find out what you need to do to be eligible to have your record expunged. If you committed a serious offense, you may be able to get your sentence reduced at the very least.
Understanding how to make a child support payment
When a couple has made the decision to pursue a divorce in Illinois, they will immediately need to make some critical decisions about the care and needs of their children. In many cases, one or both parents decide to relocate, financial obligations are allocated and court-ordered requirements are laid out for how child care will be paid for and who is responsible for the primary care needs of the children in the relationship.
According to the U.S. Department of Health & Human Services, parents looking to collect child support payments to fund the needs of their children, must first complete some general requirements. These include the following:
- Paternity must be established: Using a DNA test or documents that verify the child's parents, paternity must be clearly established. This guarantees that the financial responsibilities do not fall on the shoulders of someone who is not involved in the relationship.
- A child support order must be organized: Often, this process requires intervention by professional parties to negotiate, mediate and decide on the long-term agreement for how the children will be cared for. Parents should pay attention to varying agreements so they can include a modification clause should they ever need to make changes to the arrangement.
Can you relocate if you do not have custody of your child?
Dealing with a divorce is a tough situation. If you have children, then it is even more difficult. Either you or the other parent will likely move out of your family home before the divorce is final and custody has been decided. If you wish you to move and you are the one the children have been with, you could face issues. This is especially true if you decide you want to move out of Illinois.
The law actually addresses this issue specifically once custody is decided. According to the DuPage County Bar Association, any move more than 25 miles from the location of the family home is considered an issue for the family court. However, if you do not have a custody decree, it can muddy the waters.
You will probably need to discuss this move with the court and get a ruling. The court, however, has no real law to guide it in what to do. There are a couple options in how this can be handled.
The court may rule on the relocation and the custody at one time. However, this option brings up issues, especially if the relocation petition is denied. You would then have to decide if you are still going to move without the children. This will impact parenting time and possibly custody. That leaves the other option of addressing the move first before custody. This way issues are avoided, and after that ruling, custody and parenting time can be decided more easily. This information is for education and not legal advice.
Understanding the long-term consequences of a criminal conviction
When people are facing the immediate consequences of having a criminal conviction, their first goal may be to simply pay their dues so they can move on with their life. However, what many individuals do not realize is the long-term side effects that having a criminal conviction can create. Depending on the severity of the crime in Illinois, people can spend anywhere from several hours to several years behind bars.
According to Time Magazine, the consequences of having a misdemeanor conviction is not much different than having a felony on one's record. Even though jail time is not always required for people who have been charged with a misdemeanor, it can certainly affect their record and present consequences that can hinder a person's success over the long run. For example, folks may struggle to be approved for loans, to acquire desirable housing rights and to be awarded specific family rights. In all, between federal and state requirements, there are over 45,000 consequences.
Being an effective parent when raising your child by yourself
Despite the circumstances that lead to you needing to raise your child alone, the uncertainty of parenting without the help of a spouse can oftentimes be overwhelming and scary. While there may be periods when you have the assistance of other family members or even another parent, you are ultimately left to care for your children by yourself. At Fawell & Fawell, we have helped many Illinois parents to negotiate effective child support agreements to benefit the best interests of their children.
Your attitude can affect a lot of things, but especially in parenting. When you are upset, distracted, stressed and overwhelmed, your children will sense this and are often prone to the same behaviors. According to the Mayo Clinic, you can still be an effective parent even if you are raising your children alone. Some of the things you may consider include the following:
- Establish clear limits that discuss the type of behavior you expect in your home. You should also make your children aware of the pending consequences they may be subject to if they are disobedient to your rules.
Ending a marriage in Illinois does not have to be complicated
You and your spouse may have promised years or even decades ago that you would remain together until one of you died. However, relationships morph over time and some couples simply drift apart.
If you and your spouse have decided to end your marriage, you may naturally feel overwhelmed, not knowing where to start. Here are a couple of important pointers when it comes to filing for divorce in the state of Illinois.
The Illinois divorce process
If you want to get divorced in Illinois, you or the other party must have lived in the state for a minimum of 90 days before beginning your divorce proceedings. In addition, a waiting period exists in the state to allow you and your future ex-spouse to calm down and rethink your decision to get divorced. This period lasts six months; however, you and your spouse may choose to draft a written agreement waiving the waiting period.
No-fault divorce in Illinois
Illinois used to have 10 separate grounds for the dissolution of a marriage. However, this changed at the beginning of 2016 when the state legislature eliminated fault-based grounds for divorce. This essentially leaves "irreconcilable differences" as the primary basis for getting divorced.
How can a victim affect a criminal plea negotiation?
You might have heard stories of criminal victims blocking plea bargains for domestic violence cases in Illinois, but this power is not as absolute as some might make it seem. In fact, the law on victim's rights places several significant limits on the way a victim might interact with the prosecuting attorney.
You probably know that a public attorney represents victims in criminal cases. This means that criminal prosecutors tend to pursue the best interests of the state, namely punishing and controlling criminal elements of society. You might encounter cases when this goal involves pursuing a trial, but that is not always the case.
The Illinois Compiled Statutes allow victims to receive notification of plea negotiation offers made by the prosecution. For example, if you were a defendant in a criminal case and your attorney received an offer for a reduced sentence, the prosecutor would be obliged to let the alleged victim know about the discussion. Furthermore, the prosecutor would have to consult with your alleged victim.
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