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Who Gets the Pets in an Illinois Divorce?
For many people, pets are like family members. Some people even think of their pets as if they were their children. If you are a pet owner, one issue that may arise during your divorce is who gets to keep the pet(s). Pets can be a big point of contention during a divorce, making for tense situations and heated arguments. Just a few years ago, the state of Illinois treated pets in a divorce like any other piece of marital property. During the allocation of the couple’s property, the pet was awarded to one of the spouses. In 2018, Illinois made a change to the Marriage and Dissolution of Marriage Act to allow judges to determine which spouse would be the best caretaker for the animal.
Changing Attitudes
Before the amendment to the Act was passed, pets were treated as property. Most of the time, the spouse who paid for the animal or who had a better financial situation between the two spouses was the one who was awarded the pet. Because of this, pets sometimes lost the person who cared about them the most and some spouses were left with animals they did not actually want.
Modifying Maintenance Orders After Your Illinois Divorce
For many people, a divorce is a new start to their lives. The finalization of a divorce is a cause for celebration, especially considering how long and difficult the divorce process can be. Though you may want to forget that your former spouse exists after your divorce is over with, you may never truly be 100 percent separate from him or her, especially if you have children together. Many divorces will end with certain child support, spousal maintenance and parental responsibility orders being given, but that does not mean they are permanent. In some cases, you may need to revisit these issues and come to a new agreement. If this happens, you will have to petition for an order modification.
Factors Considered for Maintenance Modification
Will I Get Spousal Maintenance After My Illinois Divorce?
Getting spousal support is not guaranteed in any Illinois divorce. Before a judge decides to award spousal maintenance to either spouse in a divorce, you must prove that there is a reasonable need for you to be awarded support. Getting a divorce can sometimes leave one spouse in a worse financial situation than the other spouse, and the income of each spouse is often used as one of the main driving forces behind the decision to award spousal maintenance. Spousal support is used as a way to help a financially dependent spouse eventually become financially independent, which is why not all divorce cases require spousal maintenance.
Factors for Consideration
Illinois law states that there are certain factors that judges must consider in order to award spousal maintenance to one spouse. These factors include:
Three Tips for Reducing the Stress of Your Illinois Divorce
If you are going through the divorce process, you know that it can all begin to feel like a full-time job some days. That feeling can be exacerbated if your spouse is especially combative, your children begin to feel the effects of the divorce or you worry about how things will turn out. Even though your divorce can be extremely stressful, the important thing to remember is that it will all be over at some point and you and your children will be happier and thriving. Getting through the divorce is the hard part, so here are a few tips for helping you to cope with the stress of your divorce:
- Allow Yourself to Feel What You Are Feeling: As much as you would like to be a superhero, you still have to deal with your feelings and emotions. During a divorce, you may feel a plethora of emotions – anger, disgust, hate, contempt, sadness and even depression. The important thing to remember is that all of these emotions are completely normal and allowing yourself to feel them is the first step towards moving on.
Creating a Solid Illinois Parenting Plan
Divorces can be tough on everyone in the family. For children, a divorce can be especially stressful. Many parents worry about their children when they decide to get a divorce, but children are unique. They may not initially react well to the change, but children are adaptable and will get used to their new living situation quickly. One of the best things you can do to help your child transition easily is making sure there is a sound parenting plan in place before you finalize your divorce.
What is a Parenting Plan?
In Illinois, all couples who have children and are filing for divorce must create a parenting plan before the divorce can be finalized. A parenting plan is a written agreement that outlines most things pertaining to the children of the marriage, including allocated parenting time and significant decision-making responsibilities.
When Should I Consider Getting a Prenuptial Agreement?
Prenuptial agreements used to be a taboo subject. In the past, it was often believed that if you got a prenup, you were expecting to get divorced. However, in this day and age, many Americans are waiting longer to get married, which means that they are entering marriage with more property and debt than those in past generations. Because of this, prenuptial agreements have become more and more common.
A prenuptial agreement can help set guidelines for how you will go about your divorce if your marriage ever ends, and it can protect the assets you bring into the marriage and prevent you from being responsible for debts your partner may have. If you are wondering whether or not a prenuptial agreement is right for you, here are a few situations in which you may want to consider a prenup:
1. You or Your Partner Were Married Before
How to Tell Your Children You Are Getting a Divorce
Divorcing with children is difficult for many different reasons. In addition to typical divorce issues like property division and spousal support, couples with children also have other issues to settle, such as who the children will reside with and when, who will pay child support, and who will be able to make certain kinds of decisions about raising the children. Once you have decided that you and your spouse are getting a divorce, you must then take on the sometimes daunting task of telling your children about the upcoming change in your family’s life. Here are three tips to help you break the news to your children:
How Is Property Divided During an Illinois Divorce?
When you are married, your assets become intertwined with your spouse. This can be a good thing that brings much convenience as a married couple, but it can become a huge nightmare if you get a divorce. Before your divorce can be finalized, you and your spouse must come to an agreement over many things, one of them being who gets what property. If you and your spouse cannot come to an agreement on your own, a judge may have to intervene. He or she will follow a specific set of guidelines that are contained in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) when determining how to divide marital property.
Marital vs. Non-Marital Property
Before anything can be split up, it must be determined what is and is not subject to division. According to the IMDMA, any and all property, including debts and other obligations acquired by either spouse during the marriage, is marital property and is subject to division. Non-marital property is not subject to division in a divorce and includes:
How Are Child Support Payments Calculated in Illinois?
When most people get a divorce, they no longer live together. This can be problematic for couples who have children, because the question of where the children will reside must be settled. These days, it is not unusual for both the mother and the father to have equal or similar parenting time. If the parenting time is not equal, the parent who has the child the majority of the time will typically be responsible for providing child support. In Illinois, a child will receive support payments until they turn 18 or 19, as long as they are still attending high school.
Basic Child Support Calculations
The Illinois Department of Healthcare and Family Services has set forth specific rules for child support, including how to calculate the amount of the payments. First, each parent’s monthly net income is calculated. Then, both parents’ monthly net incomes are added together. Next, the number that corresponds with the parents’ combined monthly income is taken from the basic child support obligation table. The amount from the table is the amount that should be used by the parents each month to meet the child’s basic needs.
Consent Requirements for Illinois Adoptions
For many couples who cannot or do not want to conceive a child, adoption is a great option for them to grow their family. There are thousands of American children in the foster care system and in private agencies waiting to find their forever families. However, adoption is a long, complex process that requires patience and a thorough knowledge of Illinois adoption laws.
One issue that can be a point of contention during adoption is consent. There are certain people who must consent to an adoption before it can be finalized. If you are in the process of adopting, or even just thinking about adopting, it is important that you understand the consent requirements that must be met.
Who Is Required to Consent?
According to Illinois law, the birth mother and the birth father who has established paternity must consent to an adoption if they still hold the legal parenting rights to their child. In the case that the birth parents no longer have legal rights to their child, there are a few other entities that must consent. These can include:
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