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Is an Uncontested Divorce Right for You?
Divorce is not always a long, ugly, mess. In Illinois, uncontested divorces are increasingly common. Instead of both sides filing motions and petitions with the court over a period of months and even years, in an uncontested divorce, the two sides agree to everything beforehand.
The Pros of Uncontested Divorces
Uncontested divorces are becoming more popular because of all the benefits they offer over a more traditional approach to divorce. Uncontested divorces are usually:
- Faster than regular divorces;
- Less expensive;
- Less emotional; and
- More conducive to better post-divorce relationships
In an uncontested divorce, a couple can be finished with the entire process in less than a month. While it is still important that both sides have their own independent lawyer, legal fees and court fees are much lower when both sides agree on the main issues and there are not legal arguments being battled back and forth.
Phubbing Could Be Killing Your Marriage
With today’s technology, there is world of information and connectivity available with just a few taps on your smartphone. Cell phones and mobile devices have become such a part of modern life that virtually everything that once accessible only by a desktop computer can now go with you everywhere. The potential downside, however, is that it can be easy to get lost in the virtual world and a recent study indicates that many relationships are starting to suffer as a result. Phone snubbing—or phubbing, as it has come to be called—is becoming a problem for many couples, as one or both partners are often distracted by their phones even while in each other’s company.
First Formal Research
A research group at the Baylor University’s Hankamer School of Business conducted a study that is being billed as the first of its kind, examining the effects of phubbing on relationship satisfaction. The findings, which were published in the journal Computers in Human Behavior, indicated that more than 45 percent of the 453 adults surveyed have been phubbed by their partner. Nearly a quarter of the respondents indicated that phubbing is causing conflict in their relationship. Co-author of the study, Professor James Roberts observed, "Something as common as cellphone use can undermine the bedrock of our happiness—our relationships with our romantic partners."
Instead of Paying Child Support, He Bought Christmas Gifts
When you receive child support payments from your child’s other parent, you and your child may come to rely on those funds to help provide basic necessities. If you are fortunate enough, a missed payment here and there will not cause a major financial crisis. Depending upon your situation, though, a single missed payment could cause you to be unable to pay the rent or to miss a utility bill deadline. But what happens when your child’s other parent shows up with Christmas presents this year instead of making his ordered payment?
Child Support Calculations
Under Illinois law, an order for child support is based on the net income of the supporting parent and the number of children being supported. Variations are permitted based on your family’s individual circumstances, but, in general, the considerations are the same. Most orders for support require the supporting parent or an employer on the parent’s behalf to submit payments to the State Disbursement Unit for proper documentation and allocation to the residential parent. This is how the state is able to keep track of the supporting parent’s compliance.
Going Through a Divorce This Holiday Season?
The winter holidays, for many, are a time filled with joy, laughter, and family get-togethers. At the same time, you may feel like you are being pulled in a million directions, with presents to buy and wrap, food to prepare, and, often, travel arrangements to be made. That is not even to mention concerns related to work, school, or other obligations. For those who are in the midst of a divorce, however, the holidays can seem almost empty, and devoid of the happiness they once promised. If you are going through a divorce, there are some thing you will probably want to keep in mind.
Stay Involved
As tempting as it may be to sit home and to avoid the company of others, consider pushing yourself to go out and interact. The feelings of loneliness and sadness are a natural part of the divorce process, and there is nothing wrong with you for feeling that way. But isolating yourself during the holidays may not be the best solution. Make the effort to see family and friends, even it is not the most comfortable. Allow yourself to be distracted, even if just for a little while, and if loved ones offer support, do your best to accept it graciously.
A New Approach to Parental Responsibilities
While it does not occur in every case, it is certainly common enough. Following a divorce, separation, or breakup, many parents engage in a bitter battle over who will get custody of their children, and who will be relegated to visitation, often with reluctance on the part of the primary custodian. For many years, the laws in Illinois have provided the possibility of sole or joint custody, which parents too commonly saw as a content to be "won" or "lost." Starting next year, that will no longer be the case as the concept of child custody in the state of Illinois is getting a complete makeover.
Family Law Reform
The changes to child custody come as part of a sweeping measure that is drastically updating the state’s approach to divorce and family law in general. The law was passed earlier this year and was signed by the governor in July, paving the way for the updates to take effect on January 1, 2016.
Special Issues in Illinois High Net-Worth Divorce Cases
Divorce is often a complex mix of anger, resentment, and heartbreak. But, when you also have to deal with complicated financial holdings, business, and asset valuation, it can make the situation even more volatile. High net-worth divorces have issues not found in most other family law cases.
Finding, Valuing, and Understanding the Assets
Most high net-worth individuals hold a variety of different asset classes. Many of the assets are not held personally by the couple, but instead are in different holding companies or tied up in various business and investment structures. One of the challenges in a high net-worth divorce is finding all of the assets. It is not unusual for one spouse to try and hide assets.
Even when all the assets are clearly identified, it can be difficult to both understand what the assets are and what their value is. Often experts, such as forensic accountants, need to be hired to help evaluate the worth of the marital property.
You Cannot Forfeit Your Child’s Right to Child Support
While divorce is certainly a commonly addressed area of family law, issues of child support are even more common. In order for a couple to get divorced, they must have already been married. Child support, on the other hand, is not dependent upon a legal relationship between the parents. Instead, it is based on provisions in the law codifying the moral obligation of a parent to contribute to his or her child’s well-being. Legislating a parent’s love and attention is obviously not possible, but the state does have the authority to enforce financial obligations, which it may do through orders for child support.
Right of the Child, Not the Parent
In most situations involving divorced, separated, or unmarried parents, one parent is designated as having primary residential responsibility for child. This generally means that the parent is responsible for enrolling the child in school, as well as providing for a majority of the child’s basic day-to-day needs. When child support is ordered, it is typically the primary residential parent who receives the payments on behalf of the child.
A Negotiated Divorce Agreement Helps Make Life Easier
A marriage can legally end in just two ways, and both are incredibly difficult experiences. The first is by the death of either spouse, and, of course, the death of a loved one is always challenging. The second, as you probably realize, is divorce, or the dissolution of the marriage, according to the law in Illinois. For many, divorce is no less traumatic than a loved one’s death, and can even be made worse by months of intense fighting and brutal courtroom litigation. There is, however, an alternative to a hotly contested divorce process and, while still not necessarily easy, negotiating the terms of your divorce agreement outside of court may be the best solution for all parties involved.
What Can We Negotiate?
The laws governing divorce in Illinois are contained primarily in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA is a comprehensive set of statutes that covers, often in great detail, the responsibilities of each divorcing party, as well as those of the court, for most matters of family law. Regarding divorce agreements, the IMDMA specifically acknowledges that a negotiated agreement promotes the "amicable settlement of disputes between parties to a marriage." It goes on to specify that such an agreement may contain terms regarding spousal maintenance, the division of property, the allocation of parental responsibilities, and child support.
Why You Need a Lawyer for Your Amicable Divorce
A few weeks ago, a post on this blog talked about "divorce selfie" trend that seemed to exemplify the amicable nature of many modern divorces. For many couples, the decision to end their marriage, while difficult, does not end their ability to work together toward a common goal. An amicable, uncontested divorce can save a couple the hassle and expense of having to sort out their differences in court and greatly streamline the entire process. Regardless of how cooperative you and your spouse can be, however, it is still important to seek the assistance of a qualified divorce attorney for a number of reasons.
Divorce Is Often Complicated
Even though you and your spouse may agree on most of the concerns inherent to the divorce, spelling out an acceptable divorce agreement can be difficult. The division of property, for example, is just one area that can be incredibly complex, with valuations needed for homes, vehicles, retirement accounts and more. While you may not have any disagreements over who is getting what, an attorney can help you develop a legally sound arrangement that clearly designates each and every allocation.
Dividing Intellectual Property in an Illinois Divorce
During a divorce most people think about how things like the cars, real estate, and retirement accounts will be divided between the spouses. But, as our society becomes increasingly information driven, another major category of property to be split is intellectual property. This can include everything from copyrights and trademarks to patents and trade secrets.
When Is Intellectual Property Considered Marital Property?
Illinois law has a broad scope of what is considered marital property. The presumption is that all property acquired during the marriage, that was not an individual gift or inheritance, is marital property. This includes typical types of personal property and real estate as well as intellectual property.
If one spouse writes a book during the marriage, the copyright on that book is presumed to be marital property. There are exceptions to this rule and ways to rebut the presumption. However, the starting position of the court is that even intellectual property created or acquired during the marriage is marital property.
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