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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.
Can you repair a bad reputation after a conviction?
Once you have been convicted of a crime in Illinois, your future may seem bleak and hopeless. Repairing relationships, rebuilding trust and fixing your reputation and how people perceive you is going to take a lot of time, commitment and work. Fortunately, when you focus your energy on how you can be a better version of yourself, you have every chance at fixing your reputation and developing a new, stronger you.
Perhaps the most important change you need to make is to commit to abandoning your previous poor choices that resulted in your conviction in the first place. Assess how you can change your behavior and find ways of doing things that are more effective, respectful and reflective of the type of person you want to ultimately become. According to Forbes, there are three major things you can do as you are working towards rebuilding your reputation. These include the following:
- Only entertain what you can control: There will undoubtedly be the people who refuse to see you as a changed person. These people are not your priority. Instead, focus on rebuilding trust with the people who do care and who do value your efforts for trying to change.
Abused children can heal with effective parenting techniques
In situations where families are coping with abuse or the effects of having been involved in an abusive relationship in Illinois, it can take time and commitment to overcome the trauma that is often a result of someone having been mistreated. For children particularly, this process requires adults to intervene in healthy ways and in a timely manner to allow children to recover from negative circumstances and overcome insecurities and fears before they become debilitating.
According to childwelfare.gov, children can heal from abuse by developing resilience and learning new, healthy habits. Some of the things that adults should pay the most attention to include the following:
- They should encourage their children to feel emotions, process them and understand how to cope with strong feelings in ways that are healthy, safe and effective.
- They should teach their children about important behaviors and how those behaviors can create security and self-confidence. For example, they should encourage children to get enough rest and eat healthy foods, as well as avoid dangers such as smoking, drinking and promiscuity.
Finding ways to work together when parenting styles clash
Parents in Illinois may not have a name for their style of parenting, but that does not mean they fail to recognize when their former spouse is taking a different tack. Sometimes, their methods may diverge so widely, it can cause problems for their children.
However, according to the Child Mind Institute, children do not suffer as much from inconsistency as they do when there is conflict between parents.
Putting anger aside
Before parents can agree on anything, they have to want to work together to find an approach that works. Deciding not to immediately reject the other parent's suggestions can be an important first step in reducing the conflict level.
Testing various methods
One parent may cling to a way of doing things because it is the way he or she has always done it. Deciding to consciously try the other parent's way of doing things for a specific amount of time can help to identify what is right with it, and what may be a problem. Then the pros and cons of the results may be discussed rationally.
Will I owe child support if I cannot work due to a disability?
You and your spouse are getting an Illinois divorce, and it is already clear that your child will be spending the majority of his or her time with the other parent. Being unable to work because of a disability, you worry that the limited income you have may be depleted through child support. But can your spouse take away your benefits?
The Illinois statutes explain that the courts use specific guidelines to determine the amount of child support you and the other parent will pay. This is figured based on the income of each of you, as well as the amount of time your child spends with each of you and other factors.
Not all income sources are included when the court figures the amount you should pay. If you receive Supplemental Security Income, that amount is not part of the calculation. Likewise, any other benefits you receive from public assistance provided based on your income, such as SNAP, are not counted in the calculation. Income you receive to take care of another child, such as a foster child or a child from a previous marriage, is also not included. So, child support, foster care payments or survivor benefits cannot be used to pay child support to your former spouse.
An emergency order of protection can blindside you
You and your spouse have been having trouble getting along, and you may believe the two of you will soon be appearing in Illinois divorce court. Expecting to be served divorce papers, it can be devastating to learn that instead of the divorce petition, your spouse has petitioned the court for an emergency order of protection. At Fawell & Fawell, we often help spouses who have been falsely accused of domestic violence.
According to the Illinois General Assembly, state statutes require your spouse to be interviewed by the court under oath in order for the petition for an emergency order of protection to be verified. You do not have to be told about the hearing, called an ex parte hearing, until after it is over. Your spouse's petition and examination before the court have to provide convincing information that the abuse occurred and that there are compelling reasons you should not be notified before the court issues the temporary order.
You do not get to present evidence to the contrary or dispute the allegations against you until the temporary protection order expires, and your spouse seeks a plenary order of protection. You are allowed at that hearing to present your case. However, your spouse could also apply for an extension of the temporary protection order.
Prepare for marriage with a proper prenuptial agreement
When you are getting ready to walk down the aisle, the possibility of getting a divorce is likely the last thing on your mind. In reality, it may be wise to make it one of the first things you tackle once you know that wedding bells will soon be ringing.
Unfortunately, due to irreconcilable differences and a multitude of other potential issues, not all marriages last. However, you can protect any assets you bring into your marriage with the help of a prenuptial agreement. Still, there are certain things you can't legally include in these types of agreements.
Illegal provisions
Each state, including Illinois, does not allow anything illicit to be included in prenuptial agreements. In fact, if you decide to include a provision that details something illegal, this may end up putting some parts of your document or even your entire agreement at risk of dismissal.
Child custody and support decisions
Issues related to child custody and child support also cannot be included in your prenuptial agreement. The family law court has the last say when it comes to child support calculations, as child support is considered a public policy issue. The court will determine child support according to what is in the child's best interest.
Woman injured in violent encounter, man charged with assault
In circumstances where someone is the victim of another person's unexplained behavior in Illinois, it can be difficult to understand what lead the perpetrator to react the way he or she did. In fact, it can be borderline impossible to present a believable defense when the person's behavior appears so outrageous and out of the ordinary.
This was the case in a recent incident in Arkansas that left a woman severely injured and a man accused of a violent assault. According to witnesses, a visibly shaken woman ran into a local cafe, screaming for help as bystanders rushed to call 911. Initial reports showed the woman had significant injuries to her face and head, as well as defense wounds on her hands.
Based off of witness reports that the woman had come running from a nearby motel, authorities were able to locate the room she had come from. Once inside, they found a 25-year-old male who had blood on various parts of his body. Blood was also found scattered throughout the room. The male attempted to conceal a knife that investigators later revealed may have been used in the assault. The man claimed to not to know what had happened or who was involved in the altercation. He was taken into custody and charged with battery and assault. The victim's condition is currently unknown.
Judges can award joint ownership of pets in IL divorce cases
Emotions are probably already running high in a typical Illinois divorce before a couple starts to discuss the family's pets. In some situations, the animal may have already expressed a preference for one spouse over the other. However, in the past, a pet's wishes have not been considered in divorce court unless the spouses themselves have thought about it and come to an agreement on their own. Sadly, the result of a judge's decision could mean emotional difficulties for the animal as well as the humans who love it.
Illinois legislators have recently acknowledged that treating pets as marital property in a divorce can have a poor outcome on animals' well-being. Since Jan. 1, a new law has made it possible for judges to consider the best interest of a pet instead of assigning its ownership to one spouse or the other based on its perceived monetary value.
Pet custody allows for joint ownership, with the spouses sharing custody. Like Alaska, Illinois will not allow joint ownership of a service animal. However, any pet that would have been considered a marital asset may now be treated like the family member that it is for so many couples.
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