Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
Ending a marriage is never easy. However, some spouses make the divorce process especially difficult. A spouse may refuse to sign divorce paperwork, fail to show up for mediation sessions, insist on unreasonable divorce terms, or take other antagonistic actions. Some spouses go so far as to literally hide from divorce proceedings. Spouses may leave the state or even leave the country, making it nearly impossible for the petitioner to serve them with divorce papers. If you cannot locate your spouse and you want to divorce, do not panic. You still have the right to get divorced. However, you will need to take specific steps to do so.
Typically, when an individual files for divorce, the respondent is served with the divorce petition in person or through certified mail. However, if you do not know where your spouse is, you may be unable to do this. Fortunately, Illinois law offers an alternative. If you cannot locate your spouse, you may be able to get a divorce by publication. You will make your intentions known by publishing a notice of the divorce petition in your local newspaper. However, you can only use this option after making genuine attempts to locate your spouse. If you wish to seek a divorce by publication, you will need to submit an affidavit declaring that you made a good faith effort to find your spouse.
Divorce can have a massive financial impact on both parties. Many divorcing spouses worry about how they will pay their bills without their spouse’s financial support. Alimony, called spousal maintenance in Illinois law, provides an opportunity for financial relief. However, spousal maintenance is only available in certain situations. If you are getting divorced and you or your spouse is interested in pursuing spousal maintenance, an experienced family law attorney can give you advice customized to your circumstances.
Spousal maintenance recipients have traditionally been women, however, Illinois spousal maintenance law makes no distinction between men and women. A spouse may qualify for spousal maintenance if:
The spouses signed an agreement such as a prenuptial agreement that determines spousal maintenance arrangements.
The court determines that spousal maintenance is appropriate given the spouses’ financial circumstances, the duration of the marriage, the standard of living during the marriage, and other statutory factors.
The issue of child custody can be quite contentious. Understandably, parents want the best for their children. When parents, grandparents, or other guardians disagree about what is best for the children, the situation can escalate quickly. In many child custody disputes, a guardian ad litem (GAL) is assigned to the case. The GAL’s job is to advocate for the child’s best interests. If a guardian ad litem has been assigned to your case, consider the following tips.
It goes without saying that divorce, child custody cases, and other family law cases can be quite difficult for children. Younger children may not understand what is going on and therefore reach the conclusion that they have done something wrong. Older children who understand the legal issues may feel awkward and unsure of how to respond. Keeping child-related schedules and routines as consistent as possible can help reduce the chaos brought into the child’s life during this time. It is also important to avoid sharing too much information with the children about the specifics of the case.
About 70 percent of U.S. women change their last name to their spouse’s last name when they get married. Some men also decide to change their last name to their spouse’s last name upon marriage. For many, this tradition is an important sign of love and commitment. When a marriage ends, however, the name may no longer reflect the current reality. Many divorcing spouses wish to change their name back to what it was before they were married but they have questions about how the process works.
Not everyone wishes to revert to their maiden name after a divorce. For many, their name is an important part of their identity. Your name may have significant personal value to you – even if you share it with someone you are divorcing. You may also want to keep your married name so you can have the same name as your children.
For others, their name is an important part of their career. They fear that changing their name will make it harder for potential customers, clients, or investors to find them. This being said, there is no rule stating that you must change your name after divorce. If you choose to keep your married name, that is completely up to you.
Divorce terminates a marriage. Once a couple is divorced, they are free to marry others. There is no reversing a divorce. Legal separation does not end a marriage, but it can provide important legal protections to spouses who have stopped living together.
Illinois law allows couples to separate and address many of the same issues that they would address during divorce while still remaining married. Legal separation is much less common than divorce, however, it may be preferred over divorce in some situations.
When a couple is legally separated, they are still technically married. However, they do not live together, share finances, or conduct themselves as a married couple. There are many reasons that some choose legal separation instead of divorce including:
Religious or personal beliefs – For some, divorce violates their religious beliefs or personal values. Legal separation is a good option for people who want to separate from their spouse without actually getting divorced.
Understandably, nearly every divorce involves a certain degree of contention. Divorcing spouses may harbor guilt, resentment, frustration, anger, and grief over the end of the relationship. These intense emotions can make it even harder for spouses to cooperate during a divorce. However, some divorce cases are more contentious than others. If your ex is refusing to sign divorce papers, discuss divorce issues like property division, or allocation of parental responsibilities, you may be unsure of what to do. Read on to learn about Illinois divorce law and how to handle a non-cooperative spouse in an Illinois divorce.
If you are like many people in this situation, you may wonder if it is possible to get divorced without the other spouse’s participation. Can a spouse delay the divorce inevitably by refusing to sign the divorce paperwork? Fortunately, it is possible to get divorced even if your spouse tries to prevent the divorce.
When parents decide to end their relationship, including through divorce, legal separation, or the breakup of an unmarried couple, they will want to make sure their children will have everything they need to grow up successfully. In addition to addressing issues related to child custody and making sure both parents can maintain close relationships with their children, parents will also need to address matters related to child support. This form of financial support ensures that both parents will regularly contribute to meeting their children’s needs. Parents will need to understand how their financial obligations toward their children are determined and what types of child-related expenses will need to be addressed.
Since 2017, the state of Illinois has used an “income-sharing” calculation for child support obligations. The state’s laws provide guidelines for how child support payments are calculated. These calculations begin by determining a “basic child support obligation” using a table that specifies the amount that a married couple at the same income level as the parents in question would usually pay on a monthly basis to provide for their children’s basic needs. This table will provide the appropriate amount of support based on a couple’s combined income and number of children.
Perhaps you have scoured flea markets and auctions for years to build your collection of antique furniture. Maybe your coin collection has been growing since you were a young child and has only increased in value during your adulthood. Collectables such as these are not only valuable in the financial sense, but they are also valuable in the personal sense.
If you own an impressive collection of stamps, coins, trading cards, records, antiques, memorabilia, or other items of significant value, these assets can impact your divorce considerably. A skilled divorce lawyer can help you determine the best way to account for collectibles in your divorce case and ensure that your rights are protected during the division of marital property.
Determining the value of a collection is challenging for several reasons. Firstly, the value of antiques and other unique collectibles is often up for debate. The value of these items can also fluctuate as the market ebbs and flows. Furthermore, the collection as a whole is often more valuable than the items’ individual values. Before you can account for collectibles in your divorce, you will need to get the assets professionally valued by an appraiser.
Marital infidelity is shockingly common. Studies show that up to one in five married people cheats on their spouse—and those are just the spouses who admit it. If your marriage has been impacted by infidelity, you know just how devastating it can be. Often, an extramarital affair is the main instigating cause of divorce. You may wonder what type of legal recourse you have at your disposal. Can you sue your spouse’s lover for emotional distress or alienation of affection? How will marital infidelity affect divorce?
If your spouse cheated on you, you may be looking for a way to hold the other woman or the other man accountable for the harm the affair caused. Seven U.S. states currently allow civil tort claims for “criminal conversation” or “alienation of affection.” However, Illinois is not one of them. You cannot sue your spouse’s boyfriend or girlfriend for the damage he or she caused to your marriage.
If you are engaged, you may be thinking about the advantages of creating a prenuptial agreement with your soon-to-be spouse. There are considerable misunderstandings and misconceptions about prenups. However, more and more people are recognizing how beneficial these marital agreements can be. If you are getting married and you are on the fence about getting a prenuptial agreement, consider the following.
Prenuptial agreements are becoming more and more popular among younger couples in the U.S. Many people in their 20s and 30s have divorced parents. They recognize that divorce is a possibility even in the happiest relationships. Therefore, it is best to be prepared for this possibility. Many millennials also have substantial assets and debts that they want to protect in the event of divorce.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
