Obtaining a Divorce in Illinois When Your Spouse Has Left the State
Some divorces hew surprisingly close to the dramatized version often depicted in television, film, and literature. There may be quarreling, recriminations, and accusations, all of which take place at a volume that would not be considered polite in domestic discourse. Other divorces, however, are the quite the opposite. Sometimes, in fact, divorce is a solitary affair. This may sound impossible, or at least paradoxical, until you consider the scenario in which one spouse has deserted the other. In such instances, when a spouse has left the state and refuses to return, or has altogether disappeared without a trace, it is still possible for the other spouse to lawfully obtain a divorce.
Divorce by Publication Is an Option for Deserted Spouses
It may seem too cruel to believe, but sometimes one spouse will leave the other in the lurch. The absence may be willful, planned, and even carefully considered, or the disappearance may be related to issues of addiction or mental health. In addition, a spouse may disappear unexpectedly because of circumstances related to the criminal underworld (e.g., illicit means of debt collection and intimidation).
Whatever the reason for a spouse’s disappearance or unavailability, it is possible for the other spouse …
Fair Spousal and Child Support Requires Accurate Financial Accounting
When parents divorce, the dissolution of the marriage must be formalized in a court of law, and decisions must be made regarding the allocation of parental responsibility, child support, and, when appropriate, spousal support. When, in a contested divorce, spouses cannot agree on child and spousal support, a full and fair financial accounting of income and assets is absolutely essential. In obtaining such an accounting, Illinois law provides spouses and their attorneys with processes which allow them to discover all income and assets relevant in establishing child and spousal support orders.
“Discovery” is the Legal Process Used to Determine Assets and Income
It is not uncommon, when a marriage is in disrepair and it becomes apparent that divorce is on the horizon, for one spouse to attempt to hide assets and other sources of income with the intention of lowering their anticipated child and spousal support obligations. Such efforts, however, not only stand in contradiction to the principle of equitable division of marital property mandated by Illinois law, but a spouse’s attempts to avoid paying their fair share of financial support can lead to a variety of legal consequences, including being held in contempt of court.
When one spouse attempts …
Obtaining a Child Support Order Modification in Illinois
While child support payments become stable and predictable when parents’ employment circumstances remain constant over time, instability and stress can ensue when there is an unexpected decrease in income. This is true for both the parent paying child support and, when payments fall short or cease altogether, for the parent and child receiving support. When people’s circumstances change, Illinois law allows parents to request a modification of a child support order to increase or decrease the amount of child support payments.
Either Parent Can Request Child Support Modification
Life happens. On the positive side, there are promotions and pay increases. On the negative side, there are layoffs, demotions, pay decreases, and job termination. Whether positive or negative, a meaningful change in the income source of child support payments bears on the support itself. When a paying parent’s income increases or decreases significantly, either parent may petition the court to modify child support payments accordingly.
Importantly, child support payments cannot be modified informally, out of court. Only a judge is capable of entering a binding modification, and these modifications must be based on the supporting parent’s ability to make their required payments. This bright-line reality may be maddening for a child …
Uncovering Hidden Assets During Divorce
Illinois law requires the equitable distribution of all marital property in the event of divorce. Equitable distribution is, under state law, the fair and just division of marital property. Importantly, a fair and just division is not necessarily an equal division. Besides employment-based income, earnings from investments must also be analyzed, as well as benefits from pensions and other sources. Liabilities (e.g. debt) are also subject to equitable distribution.
In all matters, both parties are obligated to be fully transparent regarding income, assets, liabilities, and other financial matters during a divorce. If you have reason to believe that your spouse is lacking in transparency with regard to their complete financial picture during your divorce, an experienced divorce attorney will work to compel the discovery of income and hidden assets.
Means By Which a Spouse May Attempt to Hide Assets
It is upsetting to learn, but there are several ways a spouse may be attempting to hide income or other financial assets. Once it is clear that the marriage will end in divorce, a spouse may attempt to defer income, including bonuses and promotions, so that it is received after the process of equitable distribution. Estate planning resources, such as …
Creating an Illinois Parenting Plan That Fits Busy Holiday Schedules
If you have children and are recently divorced or are in the middle of the divorce process, issues related to parental responsibility and parenting time may be a significant source of stress right now. The reason: the holidays. As parents coordinate time family and friends, plan holiday activities, and determine schedules while kids are home from school during their winter break, a fair and reasonable allocation of parental responsibilities is imperative.
Illinois Law Requires a Parenting Plan
No matter whether you have an amicable or contentious relationship with your ex-spouse or ex-partner, when it comes to the allocation of parental responsibilities, you are bound by Illinois law to obtain a court-ordered parenting plan. With a well-crafted and drafted parenting plan, each parent and the state of Illinois will have total clarity as to the legal rights and obligations of both parents as concerns their children.
Decision Making and Parenting Time Are the Cornerstones of a Parenting Plan
The legal rights and obligations allocated to each parent in an Illinois parenting plan cover two major areas: 1) decision-making responsibility, and 2) parenting time (sometimes termed “visitation”). In other words, a parenting plan concerns all of the important things that go together …