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What You Need to Know About Divorce Mediation in Illinois
If you have decided to file for divorce, you may be nervous about going to Court and battling with your spouse. However, if you opt for mediation, you may not have to go through all of that stress. During mediation, you and your spouse will attempt to resolve major issues in your divorce with the help of a mediator. The process can help you save money, time and heartache.
Things You May Not Know About Mediation
Although mediation has long been an available option for divorcing couples, there are still many misconceptions about it. Here are several facts about mediation you might not know about.
- Mediation does not require couples to get along. A big misconception about mediation is that it is only intended for divorcing couples on good terms. Although it would be ideal if both partners got along well, it is not required. During the process, the mediator will focus on helping you and your spouse make compromises rather than argue about every little thing. As long as the spouses can work toward a resolution, mediation can be effective.
What is the Right of First Refusal in an Illinois Parenting Plan?
Every couple going through a divorce with children must make child custody arrangements for their children before they can complete the process. Your parenting plan must contain information about how you and your spouse will split parenting time and share decision-making responsibilities. Parenting time is often a tough issue for parents during a divorce. Many parents do not want to give up spending time with their children. One of the ways parents can spend a bit more time with their children is by crafting a well-thought-out “right of first refusal” clause in the parenting agreement.
Understanding the Right of First Refusal
There are fifteen different elements that must be addressed in the parenting plan per Illinois law. One of the provisions you must include is a description of how and when parents may invoke the right of first refusal. The right of first refusal gives a parent the opportunity to care for their child before the other parent takes the child to an alternative care provider. For example, if a mother cannot watch the child on her assigned day, she must contact the father to see if he can watch the child before calling a babysitter. The right of first refusal is a right that both, one, or neither parent may have, depending on what would be in the child's best interests.
Do My Spouse and I Meet the Requirements for a Joint Simplified Dissolution?
Much of what people know about the divorce process stems from movies, TV shows, and what they have seen in the media. While this can provide a general idea about divorce, these on-screen divorces are usually much more dramatic than is necessary. In many cases, there is some sort of disagreement or tension between the couple, but this is not always the case. Some couples agree on getting a divorce long before they ever begin to seek legal help. Contested divorces can be stressful for everyone, especially when they drag on for months or years. Couples who agree on all issues may have the option to file a joint simplified divorce in Illinois, which could help make the divorce process a little easier.
Determining Eligibility
While a joint simplified dissolution of marriage can be much more favorable to some couples, not all couples will qualify for this type of divorce. Before a couple can file a joint simplified dissolution, they must ensure that they meet all requirements for this process. A couple can only use the simplified dissolution procedure if:
What if My Ex-Spouse Disagrees With My Plans to Relocate With Our Child?
After a long and stressful divorce, finally receiving that piece of paper with the judge's declaration that you are no longer married can be a sigh of relief. However, if you have children, you will never truly be able to be completely free from your ex-spouse. Even after you have settled everything, come up with your parenting plan, and received your divorce decree, you may still have to work out certain issues with your spouse in the future. For example, there are restrictions on where and how far a parent can move with their child without notifying the other parent and the court of the move. If you notify your child's other parent of an impending move, and they object to your planned relocation, you will then have to take extra steps to ensure you comply with state laws.
Notify the Other Parent and Try to Work Out an Agreement
How Long Does Spousal Support Last After an Illinois Divorce?
One of the many considerations that commonly arise during divorce is the issue of spousal support, which is also known as alimony or spousal maintenance. In years past, spousal support was more common than it is now, simply because our culture and society were different. In many cases, it was not uncommon for women, in particular, to stay home to raise children and take care of the household while the man worked outside of the home to financially support the family.
While this may have worked during the marriage, it tended to create financial dependence, causing issues if the couple ended up getting divorced. Rather than leaving the woman to fend for herself, spousal maintenance was created, requiring the working spouse to contribute a portion of his or her income to help support their former spouse until they can get back on their feet. In today's world, spousal support is less common than it used to be, but it is still an issue that can arise, and it can lead to contentious disputes between divorcing spouses.
How Can a Collaborative Divorce Be Beneficial For My Family?
When exploring your options for splitting up with your spouse, the idea of a traditional litigated divorce can be daunting to some people. In truth, there are actually very few divorces that make it to an actual trial. Most divorces in today's world have some degree of cooperation throughout the process. When a couple cannot agree, however, litigation can be one of your only options -- aside from collaborative divorce. Both types of divorces can offer different benefits to different families, which is why you should discuss your situation with an Illinois divorce attorney before making any decisions.
Defining Collaborative Divorce
Many people have never heard of a collaborative divorce, or they may have heard about it, but do not actually know what it is. A collaborative divorce is an alternative to traditional divorce litigation that allows a couple to complete their divorce without having to go to court. In many cases, collaborative divorces are used during contested divorce cases that would otherwise result in a legal battle. Instead of spending multiple sessions in a courtroom just to have a judge decide your fate, a collaborative divorce takes place during meetings between you, your spouse, and both of your attorneys. Collaborative divorces may also involve various professionals from different fields who can provide guidance and advice on specific issues throughout the process.
How Are Children's Medical Expenses Handled in Illinois Divorce Cases?
Prior to filing for divorce, you may not have given much thought to maintaining health insurance coverage for your children and covering these costs. Health insurance is a somewhat controversial topic in the United States that also has the potential to lead to disputes during a divorce. One of the important elements in your parenting plan for your children will be the terms addressing your child's medical information. You and your spouse must come to an agreement on several issues pertaining to your child's healthcare, including how decisions will be made. One of the most important elements involves how you and your spouse will split the costs of your child's medical care.
Maintaining Health Insurance for Your Child
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides the formula that is used to calculate the basic child support obligation that both parents are responsible for. This formula takes into account various factors, such as the parents' income and parenting time. The IMDMA states that the basic child support obligation is meant to be used toward a portion of your child's out-of-pocket medical expenses. However, the court has the discretion to order either or both parents to initiate health insurance coverage for your child. If neither parent has health insurance coverage, or if their child is not eligible for coverage, the court may require the parents to seek state-sponsored health insurance for the child.
What Factors Make a Parent “Unfit” in an Illinois Child Custody Case?
In Illinois, child custody is now referred to as the allocation of parental responsibilities. Regardless if a married couple with children was married and decided to divorce or they never tied the knot, they must determine who is going to care for their kids in the future. Typically, Illinois courts favor both parents staying involved in their child's life after a divorce or a breakup if they were unmarried. However, there are situations where one parent may be abusive or neglects to properly care for his or her children. In these cases, a parent may be deemed unfit by a judge and his or her custody terminated involuntarily.
Terminating Parental Rights
Unless there is convincing evidence, rarely will an Illinois court terminate a parent's rights completely. The court needs actual proof that the other parent's actions (or inactions) are negatively affecting the kids. Proof of unfitness may include photographs or videos showing abuse, medical records illustrating injuries due to an unsafe environment, police reports, and electronic communication such as text or email messages and social media posts. Even if a parent is deemed unfit, he or she is usually given certain parental rights, albeit very limited.
A Closer Look at Dividing Marital Debt in an Illinois Divorce
When a couple is married, they often share many things, including property and assets. However, if their union sours and they decide to divorce, they will have to decide how to divide all of these items. Marital property consists of anything that is acquired during the marriage. Nonmarital property is anything that one spouse obtained prior to the marriage. According to Illinois law, any debt that spouses accumulated together falls under marital debt, so it is, therefore, subject to division. Determining who is required to pay off certain debts can be challenging to say the least.
Equitable Distribution of Marital Assets and Debts
Since Illinois is an equitable distribution state, debt is divided “fairly” rather than equally. This method can apply to different types of debt, from cars to home improvements to educational loans. In addition, if a couple owns and runs a company together, that family business must be valued to determine how to divide its assets. If one spouse owned a business before the marriage, but the other spouse helped manage its day-to-day operations, then he or she may be entitled to a portion of its value or worth.
What Are the Benefits of a Postnuptial Agreement in Illinois?
When two people enter into marriage, they may not consider what would happen if the relationship sours. However, a prenuptial agreement that is signed before the wedding can outline how certain issues are addressed and assets are divided in the event of a divorce. A postnuptial agreement is a legal document that is drafted after a couple gets married or enters into a civil union. Similar to a prenup, the provisions in a postnup commonly account for the division of property and spousal support in a divorce, or the death of a spouse. In many ways, a postnuptial agreement provides a sense of security and trust by clarifying how certain issues will be handled in the future if the two spouses go their separate ways. It can also save time and money since the parties do not have to go to court to hash out the details of their case.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
110 N. Brockway Street, Suite 220, Palatine, IL 60067
847.873.6741
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