The spouse who files for divorce has the right to choose where to file his or her petition. Once the petition is filed in a certain county, unless there is a change of venue, the divorce proceedings will take place in that county.
Spouses getting divorced are not necessarily obligated to accept the initial venue. If your spouse has already filed for divorce, you have the right to file for an objection to their venue, and doing so may benefit you in a number of ways.
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Substance abuse can have a devastating effect on marriages and families. Millions of Americans suffer from an addictive disorder, and the social isolation of the last year and a half has triggered a massive increase in substance use and abuse.
Other kinds of addiction can wreak havoc on a family as well. Compulsive spending, gambling, pornography use, and even compulsive overeating can strain a couple’s relationship to the breaking point. Addiction does have an impact on the divorce process, so if you are considering divorcing a spouse struggling with addiction, protect yourself by keeping the following things in mind:
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Marriage is an exciting period for couples. They often cannot imagine a time when they would not want to share everything, and so they feel as though a prenuptial agreement is not necessary. Sometimes couples avoid creating a prenuptial agreement together because they feel as though it dooms the marriage to fail.
However, once the marriage takes place and they return to the routine of everyday life, spouses realize that marriage is often a challenging enterprise. What may have once seemed guaranteed may no longer seem so simple. When this happens - and even if it does not - it is beneficial for newly married couples to consider a postnuptial agreement.
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In a high conflict divorce, it is common for spouses to disagree about who should have parental responsibilities and parenting time. Where the child should live, who the child spends certain holidays with, and who has the right to make important decisions for the child are all issues about which parents commonly disagree.
Unfortunately, children often get caught in the crosshairs of parental hostilities. Although parents may feel entirely justified in their reasoning for wanting custody of the child, the child’s best interests are often neglected in light of the parents’ disagreements.
One consequence of this is that spouses may struggle to compromise on a parenting plan. A parenting plan is an agreement that addresses who has decision-making authority (“parental responsibilities”) and who gets to spend time with the child (“parenting time”). Ideally, parents will be able to create a parenting plan on their own through communication and compromise, but when they fail to do so and mediation has also failed, their case will go to court.
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Raising children is an important, difficult, time-consuming endeavor. When a couple gets married and wants to start a family, it is common for them to decide on an arrangement in which one spouse works outside the home and the other spouse stays at home with the children.
Although this arrangement may work well for some families, one common concern for homemakers is what will happen to them in the event of a divorce. The homemaking spouse has often given up many years of being in the workforce, and so has not only given up those years’ worth of income but also the time he or she would have spent building up their career.
Formerly known as “alimony,” spousal maintenance is payments made from one spouse to the other following the divorce. Spousal maintenance payments are separate from the asset division that takes place during the divorce, although they will likely be affected by the way that asset division takes place. Some of the other factors that affect spousal maintenance are:
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High-conflict divorces are painful experiences, and they can be made even worse when the custody of a beloved pet is contested. A couple may disagree over who should have full-time custody of the pet or whether one person should have any visitation rights at all. Coming to a resolution on these issues can be difficult and emotionally draining. Some couples have planned to avoid conflict around pet ownership by using a “petnup.”
Illinois is one of the few states that allow for animals to be treated as more than property, thanks to a 2018 amendment allowing judges to consider the animal’s best interests when making decisions regarding custody and ownership. Among the factors judges will consider is whether it is actually good for pets to move from one home to another, especially since some pets are very attached to people and places, and moving regularly can be traumatizing and cause behavioral problems.
One way of mitigating these issues is by using a “petnup,” which gets its name from a prenuptial agreement, or “prenup.” A petnup is a written agreement between a couple determining what will happen to a pet in the event of a divorce or separation. Without a petnup, the only way one spouse could maintain ownership of the pet in the event of a divorce is if they adopted and registered the pet in their name alone and paid for all expenses related to the pet out of their own account and not with joint funds. Even in this situation, there would be no guarantee a divorce judge would grant that spouse sole custody of the pet.
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The cultural stereotype of asset division in divorce is that all marital debts and assets are split 50/50, but the reality is more complicated. While some states do have “community property” where marital assets are divided equally, Illinois is not one of those states.
In Illinois, divorce law requires something called “equitable division.” Equitable division is exactly what it sounds like: Marital assets and debts are divided according to what is fair, rather than right down the middle. Here, we will look at what factors judges can use when determining equity, and other issues that might contribute to the division of marital assets.
Because Illinois is a “no-fault” divorce state, spouses do not have to give a reason for divorce besides irreconcilable differences. Even if one spouse committed an act of infidelity that led to the end of the relationship, spouses cannot “fault” each other in divorce proceedings and courts will not award more marital assets to the spouse who was cheated on.
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If you are considering divorce and feel concerned that it may be a high-conflict divorce, you may want to speak with a divorce attorney without letting your spouse know. The reasons for this are varied: Perhaps you still live with your spouse and fear retaliation or abuse, or you yourself are unsure of how serious you are about pursuing a divorce. You may want to give yourself the upper hand in preparing for the divorce and serving the papers.
Regardless of the reason, it is perfectly legal to meet with a divorce attorney without telling your spouse. You can even file for divorce without telling your spouse – they do not have to know that you are considering divorce until they are served divorce papers. Here are a few things to keep in mind as you seek a confidential meeting with a divorce attorney.
Although it may feel risky to meet with a divorce attorney without your spouse’s knowledge, you need an attorney who is going to represent your interests in a way that feels comfortable and secure. Even though every attorney-client relationship is legally protected, you may not be a good match with the first attorney you meet. Take time to find a firm that listens to your needs and is willing to advocate aggressively on your behalf. Meet in a safe, discrete manner
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Finding out that your spouse has gone behind your back and had an affair is one of the most upsetting experiences a person can have. You may feel as though your world has turned upside down and that you now doubt many of the things you previously assumed to be true. Complicating your personal experience is the ensuing divorce. Illinois is a no-fault divorce state, meaning that regardless of the reason for your divorce you will simply file citing “irreconcilable differences.” Nevertheless, marital infidelity can still affect the outcome of your divorce.
Typically, infidelity will not impact parental responsibilities and parenting time. Your spouse will generally still be able to advocate for their right to see your child and spend time with them. However, if your spouse’s new partner presents a credible threat to your child, courts will take this into account when parental responsibilities are allocated.
For example, if your spouse’s new boyfriend or girlfriend is a registered sex offender, or if they have a criminal history of child or domestic abuse, the court will take this into consideration and may limit your spouse’s parenting time.
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Although circumstances can vary when building towards a high asset divorce, common contributing factors are spouses who are high earners and have had a long marriage. When spouses commonly hold many assets that are valuable and complicated, a complex divorce is inevitable.
If you are considering divorce and have high-value assets or high net worth, you will need an experienced, assertive attorney who will advocate for your best interests. In addition to having an outstanding legal team, here are other things to consider when beginning a high asset divorce.
Complex assets include things like stock options, overseas investments, trusts, pensions, retirement plans, and private art or vehicle collections. Assets such as these can make divorce very complicated.
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Statistically, about 40% of first marriages end in divorce. That jumps to around 60% for second marriages, and all the way up to 70% for second or third marriages with children. In addition to these statistics, fewer people are getting married before they have children, resulting in large numbers of blended marriages later in life. Of course, some of these marriages end in divorce.
Blended families – where both parents have children from previous relationships – face special complications during divorce. Here, we look at some of those factors affecting parents who are getting divorced for the second or third time.
Figuring out a custody plan is complicated, especially when parents seek visitation with their step-children. If you did not adopt the children from your spouse’s previous marriage, visitation is not guaranteed.
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When you feel as though your marriage is reaching its end, deciding what to do can be difficult. Is there hope for reconciliation? Do you really want something as final as a divorce? Legal separation and divorce are both processes that couples use in Illinois to end a relationship. They are similar in some ways, but they have fundamentally different outcomes: A divorce completely ends the marriage under the law, but a legal separation does not.
Legal separation is different from a couple merely deciding to break up or live in different homes; legal separation involves petitioning an Illinois court with formal filing for separation. A legal separation enables couples to navigate issues like child support, visitation rights, and property division in a way that is legally binding but does not dissolve the relationship.
Legal separation also allows couples the chance to begin separate lives while still having the opportunity to reconcile. At the end of a legal separation, a couple may ultimately go forward with a divorce; but in the meantime, they have more time and space to tackle problems in the marriage, attend therapy, or do anything else before they are completely sure the relationship has irretrievably broken down.
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During a divorce or separation, child custody is often among some of the most contentious issues that a couple can face throughout the process. Any topic has the potential of becoming an issue in a divorce, but child-related issues are especially subject to disagreement. When parents do not live in the same state, things can become even more complicated. Many parents move away after a divorce or separation, sometimes to a different state, even when they have children. Before you are able to begin a custody case, you will first need to make sure that you file the case in the correct state. A knowledgeable Illinois family law attorney will help you determine which state has jurisdiction over your case.
When it comes to things like parenting time and decision-making responsibilities, each state has its own laws regarding the way those issues are handled. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that was enacted by 49 states and various U.S. territories to determine how the jurisdiction would be decided in custody cases that involved parents living in a different state from their child. In general, the state that is considered to be the child’s “home state” is the one with jurisdiction over the custody case.
As a parent living in Illinois, you are likely wondering whether or not your case can be heard in Illinois, or if it must be heard by the state in which your ex lives. The UCCJEA states that there are four different elements that are used to determine which state the custody case should be filed in. These elements are, in order of importance:
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In uncontested divorces, both spouses are typically willing to hand over whatever information the other party requests or needs. However, in divorce cases that involve spouses who do not get along with one another, it is not always guaranteed that you will get all of the information that you asked for. The process of discovery is simply just the formal process of asking your spouse for their financial information and handing over any information that they request in turn.
There are various things you can do during the discovery process to help gather information. Not all divorces will include all forms of discovery, but they are all available to use as legal tools for gathering information. These discovery tools include:
If you and your spouse do not agree on property division issues during your divorce, you should speak with a knowledgeable DuPage County contested divorce lawyer about your case. At Botti Marinaccio, LTD, we have experience working with a variety of couples in many different situations, including contested divorces. Our team of skilled attorneys can help you fight for your best interests. To schedule a consultation, call our office today at 630-575-8585.
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In contested divorces, it is not uncommon to have disagreements about marital finances. In many divorces - and even marriages - finances are a point of contention because of their importance. It is also not uncommon for either spouse to become angry at the other, which can cause them to do things to attempt to sabotage the other partner. Many times, an angry soon-to-be-ex-spouse can make hasty and often irresponsible financial decisions during the divorce in an effort to prevent the other spouse from even having a chance at being able to have those assets. In Illinois, this is called “dissipation” in many circumstances. Dissipation can be frustrating to the affected spouse, but thankfully a successful dissipation claim can help make sure that your fair share of the marital assets are preserved.
Asset dissipation refers to the use of marital assets by a spouse during an “irreconcilable breakdown” of the marriage for their sole benefit. To qualify as asset dissipation, you must be able to prove that the assets were indeed used in a way that benefitted your spouse only and that your spouse wasted or destroyed those assets intentionally, as a way to prevent those assets from being included in the marital estate. Examples of asset dissipation can include using marital funds for:
If you plan to claim that your spouse dissipated certain assets to prevent you from receiving the value of those assets, there are certain things that must be in place before the court accepts your claim. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), you must notify your spouse no later than 60 days prior to the trial that you intend to claim they dissipated marital assets. In that notice, you must include when you and your spouse started to experience an “irretrievable breakdown,” what assets you are claiming that your spouse dissipated and the date or range of time during which the dissipation occurred.
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If you were to ask a divorcing homeowner what their most valuable asset is, it is very likely that they would say it is their home. Not only are houses often worth hundreds of thousands of dollars, but they also usually carry some sort of sentimental value to the people who live in them. Many people have an emotional connection to their family home, especially when they have lived there for years, raised their children in that home, and made so many warm memories there. Unfortunately, you cannot simply just cut a home in half when you get a divorce. One of the biggest arguments that can arise from divorce is determining who gets to claim ownership of the house.
According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all marital property in Illinois is divided in an equitable manner between the spouses. Marital property is considered to be anything that you or your spouse acquired while you were married but before a legal separation. Certain property is excluded from marital property, however. This includes gifts, property acquired by inheritance or legacy, property excluded from the marital estate through a valid prenup or postnup, and any property that was acquired by either spouse before the marriage.
In most cases, there are typically only three different situations that can come out of this: you can either continue to co-own the home in the same manner, the spouse who wants the home can “buy out” the other spouse for their half of the home, or you can sell the home and split any proceeds you have from the sale:
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For many divorcing couples, it is hard to say exactly when the relationship is over. Many couples experience marital problems for months or years before they start the divorce process. Spouses often live apart or lead separate lives within the same household long before they actually file for divorce. If you are in a situation like this, you may have questions about the timing of your divorce petition. Should I file for divorce sooner rather than later? Is there a benefit to waiting to file for divorce? The answers depend on a multitude of factors, so it is best to receive personalized advice from an experienced divorce attorney.
In Illinois, at least one spouse has to be a resident of Illinois for 90 days before either spouse may file for divorce. If you and your spouse agree that “irreconcilable differences” have led to the “breakdown” or collapse of your marriage, there is no waiting period for filing the divorce petition. If your spouse disagrees with this assertion, living separately from your spouse for six months creates an automatic presumption that irreconcilable differences have caused a marital breakdown.
The date you file for divorce, or “Petition for Dissolution of Marriage,” marks the end of the marriage for the purposes of calculating spousal maintenance or alimony. The duration of Illinois alimony payments is typically based on the duration of the marriage so the longer you hold off filing, the longer your marriage will be for alimony calculations.
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Divorce is much more common than it was in previous decades. Nevertheless, divorce can still have a profound impact on children. If you are a parent and your marriage is nearing its end, you may understandably be worried about how the separation will affect your children. You may wonder if there is anything you can do to help your kids cope with this stressful life event. Fortunately, there are many resources for parents in this situation. A good deal of research has been conducted about how children process the divorce and what parents can do to lessen kids’ emotional turmoil.
Experts agree that it is best to plan for the “divorce talk” ahead of time. Do not tell your children about the separation or divorce until you are sure of it. Sit your children down together with your spouse if possible. Calmly explain that mom and dad will not be living together. You may need to assure your children that the separation is not their fault and that they are still loved and cared about. Children have various reactions to the news of divorce. Some need space to cool off, while others need immediate hugs and reassurance.
The process of ending your marriage may be contentious and legally complex. One of the best things you can do during this difficult time in your children’s lives is shielding them from adult conversations regarding divorce. If you and your spouse need to have a difficult discussion about dividing property or spousal maintenance, try to discuss the earshot of your children. Studies show that children are deeply affected by parental arguments and fights.
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Many people aspire to notoriety. However, few realize that there are also downsides to being in the public eye. Many recognizable individuals find themselves subject to public scrutiny and privacy violations. If you or your spouse are well-known, you may have concerns about how you can protect your privacy during divorce. The end of your marriage is a deeply personal matter, and it should never serve as entertainment or gossip for others. Fortunately, there are several steps that you can take to protect yourself in a high-profile divorce.
A confidentiality agreement or non-disclosure agreement is a contract that requires parties to keep certain information confidential. During your divorce, you will likely share detailed information about your real estate holdings, investments, businesses, and other assets. You will also share information about any debts and liabilities you are subject to. Keeping private financial information like this confidential is a top priority in a high-profile divorce. Furthermore, information about your personal life may come to light during a divorce. Medical and psychological records, the results of child custody evaluations, and information about marital infidelity are just some examples of the personal topics that may be brought up during the divorce. A confidentiality agreement can be used to prohibit third parties from divulging confidential information. If a party violates the contract, the non-breaching party may be entitled to legal remedies including monetary damages.
When a divorcing couple cannot agree on property division, child custody, spousal maintenance, or other divorce issues, the case may go to trial. Most civil trials are a matter of public record. This means that your personal information may be available for anyone to view. If you can reach an out-of-court settlement through an alternative resolution method, you can avoid going to trial.
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Divorce cases vary as wildly as marriages do. Some divorce cases are relatively straightforward. The couple is able to agree on the terms of their divorce, file the paperwork with the court, and walk away. Other divorces involve complicated financial disagreements, hostile child custody disputes, or spouses who insist on divorce terms that are grossly unfair. High-conflict divorce cases such as these are often much more involved than typical divorce cases. Read on to learn about some of the signs that you may divorce may be high conflict.
For divorcing spouses, it can be hard to know what the divorce process will look like. Many spouses hope that their soon-to-be-ex will freely hand over the needed information, agree to reasonable terms, and resolve the divorce quickly and amicably. Unfortunately, this is not always the case. Some signs that your divorce may have a high degree of contentiousness include:
You do not have to face a high-conflict divorce alone. The knowledgeable Hinsdale divorce attorneys at Botti Marinaccio, LTD. can provide the tenacious legal advocacy you need to assert your rights during a contentious divorce. Call us at 630-575-8585 today for a confidential consultation.
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