Recent Blog Posts
Use of Collaborative Law in Illinois Child Custody Cases
As discussed previously, collaborative law is a form of alternative dispute resolution that allows parties going through a divorce or child custody issue to attempt to come to a mutually agreeable solution. It sounds similar to mediation, but the two are not exactly the same.
In mediation, the parties meet outside of Court in an attempt to reach a mutually agreeable resolution of the contested issues, just as in the collaborative law process. The difference is that in mediation, pleadings, motions and other filings have been submitted to the Court, the parties have been (or are scheduled to be) deposed, and there have been Court hearings. Mediation, then, is an attempt to resolve the issues before the proceedings get any more contentious and adversarial.
In collaborative law, coming to an agreement before entering the Courthouse is the goal. When the parties use the collaborative law process, they bypass Court's initial involvement; there are no pleadings, no Court hearings; and hopefully, if the process works as planned, there is only a single hearing once an agreement has been reached for the Judge to approve the agreement and finalize the divorce. At the outset, the parties agree that they do not want the process to be contentious or adversarial.
Marriage and Annulment in Illinois
A previous post on this blog discussed the concept of legal separation and why some people may consider it a more desirable option than divorce. For some people, however, neither option is desirable; instead, they may want an annulment.
What is Annulment?
When most people think of an annulment (now legally called a Declaration of Invalidity in Illinois), they think of it in a religious context. Some churches, such as the Catholic Church, prohibit divorcees from getting remarried until their ex-spouse dies (thus severing the marriage in the eyes of the church, thanks to the vow of “’til death do us part” literally coming true) or the marriage is annulled by the church. In these instances, the marriage is deemed null and void in the eyes of the church, as though it never happened.
Enforcement of Illinois Child Custody Orders
The divorce is finalized; child custody agreed upon, and a visitation plan set in place. Thankfully, you can move on with your life.
Or so you think, until your ex-spouse violates the visitation agreement, not once, not twice, but numerous times. Unfortunately, some parents continue to use their children long after the marriage has ended. If this is happening in your life, you need the guidance of an experienced Palatine child custody attorney.
Enforcing Child Custody in Illinois
The first step in any family dispute is to try and reach a compromise. If the other parent is willing, your attorney can help direct you a skilled family mediator. Mediation is non-binding, and either party is able to abandon the process at any time and pursue Court action. Not only does mediation save time and money, but both parties are generally more satisfied with an agreed-upon resolution, as opposed to a Court-ordered one. The Judge can also order both parties to attend mediation, and absent extreme circumstances, such as those involving domestic violence, or previous pursuit of legal action in the past to enforce visitation, it is always a good idea to utilize this option before proceeding to Court. A trained family mediator in Palatine can help guide you through the process.
Guide to Illinois Child Custody and Visitation
Children are one of the most important and fought over parts of a divorce. Severing the marital relationship also means decreasing the amount of time parents can spend with their child, which means discussions can quickly become contentious. Before proceedings begin, understanding the different types of child custody and available visitation arrangements is helpful to work on an arrangement that takes into consideration the most important factor in all child custody cases: the best interests of the child.
Sole vs. Joint Child Custody in Illinois
When making an award of child custody (or when the parents agree to custody), the Court makes two separate awards: one for legal custody and another for physical custody. For both types, parents are awarded either sole or joint custody.
Legal Custody
Joint Simplified Dissolution of Illinois Marriage
The wedding is a faded memory now, and you and your spouse agree that divorce is the best option. You have accumulated very few assets, and you both agree on the division of assets. Since you are both on the same page, is there a faster, easier way to end the marriage? In Illinois there is, and it is called joint simplified dissolution.
Requirements for Joint Simplified Dissolution
Joint simplified dissolution is available to Illinois residents who have been married for less than eight years and can agree how to divide both the marital property and marital debts. It is a streamlined process that greatly minimizes the stress of a contested divorce and can keep costs down. You and your spouse can complete the paperwork together, and can appear in Court for the hearing and entry of judgment the same day the petition is filed. Only one Court appearance is required.
Getting Divorced? You Should Review Your Estate Plan
The divorce has been finalized; the property divided, and you and your ex-spouse have moved on to the next phase of your lives. There may be one thing you forgot though, something neither of you will remember until it is too late: updating the beneficiary designations on your retirement accounts and life insurance policies.
Most people designate their spouse as the beneficiary of retirement benefits and life insurance proceeds, and then promptly forget about it. Or they may think that the divorce automatically revoked the now ex-spouse’s right to receive these assets at death. In Illinois, this could be a costly mistake. Failure to update your beneficiary designations following a divorce, or failure to include specific waiver of these rights in the divorce decree, can result in your ex-spouse getting the assets at your death.
Legal Separation in Illinois
Divorce is an unfortunate fact of life. Couples realize they are no longer compatible and agree to go their separate ways. For some couples, however, whether due to religious, health or financial reasons, divorce is not an option. Yet they are still incompatible and can no longer live together. For these couples, Illinois provides legal separation.
What is Legal Separation?
Legal separation is more than what is commonly referred to as a “trial” separation. In a trial or physical separation, couples live apart while trying to decide if they should get divorced. There is no payment of alimony, no child support or custody agreement, no property division, and the Court is not involved.
With a legal separation, the couple lives apart and remain legally married, but the Court must issue an order granting the legal separation. The couple remains legally married, so they are not free to marry anybody else. However, unlike the trial separation, the Court can make decisions regarding alimony, child support, and child custody; it cannot though make decisions regarding division of marital property unless the couple agrees.
Present Day Value Buy-Outs of Retirement Plans in Illinois Divorce
For many couples, retirement accounts, whether 401ks, IRAs or pensions, make up the bulk of their assets. Even if only one spouse contributed to each account during the marriage, the assets are marital property and subject to division in a divorce. If the divorce occurs before the first distribution is made though, how can the accounts be divided without being subject to early withdrawal penalties? A skilled divorce attorney can help you navigate through this process.
Dividing Retirement Accounts
One way to divide retirement accounts is with a qualified domestic relations order, or a QDRO. A QDRO is a special order that requires the retirement plan administrator to either divide the account now, or make distributions to both spouses when they reach retirement age. There are certain requirements the QDRO must contain in order for the plan administrator to make the division, so it is important to meet with an experienced attorney who understands these very specific requirements.
Division of Retirement Plans in Illinois Divorce
Throughout your marriage, you and your spouse saved in anticipation of retirement. Your spouse put five percent of his/her monthly salary into a company funded retirement plan, which equates to 10 percent when including the company match. You both looked forward to retirement spending your golden years traveling, playing golf and relaxing. Now, however, you find yourself in the middle of a divorce. Most of your assets can easily be divided, except those retirement accounts, which are payable only to your wife. What can you do?
You can get a QDRO (pronounced quad-row).
QDRO for Dividing Illinois Retirement Accounts
Normally, benefits under a retirement plan are payable only to the individual whose name is on the account. When the wife retires, she will receive payments from the account. She may be able to designate another person to receive any funds remaining in the account after her death through a beneficiary designation, but during her lifetime, she is the only one who can receive distributions from the retirement plan.
Where You Hang Your Hat : Can Logistics Play a Role in Marital Success?
More than a quarter century ago, George Strait, an American country recording artist, released one of his most popular songs, All My Ex's Live in Texas. What may have been lyrical for Mr. Strait does not necessarily hit the high notes for the rest of U.S. divorcees.
Recently reported by The Huffington Post, Texas did not even rank in the top 10 states that may sway your marital success. The American Community Survey (ACS) ranked the following cities and their respected states as possibly hazardous to your wedded bliss:
1 | Panama City, Florida |
2 | Sierra Vista, Arizona |
3 | Charleston, West Virginia |
4 | Medford, Oregon |
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.