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Springfield, Illinois Divorce Law Blog

Considerations for military members going through divorce

53124723_S.jpgThe divorce process is hard on everyone, even when the partners to the ending marriage are willing and able to work together. However, individuals who serve our country as a member of the military can run into extra challenges when they decide that they want to get a divorce. In Illinois and other states throughout the nation, military members must consider residency, benefits, and other factors when they wish to end their relationships with their spouses.

One issue that may complicate a military divorce is where the process should play out. Military members are often stationed in locations that are not their states of residency, and when divorce occurs their partners may move to different locations as well. There may be three different jurisdictions in which the divorce can happen, and choosing where to pursue it can be complicated.

Divorce later in life can be financially crippling

116391239_S.jpgWhile it is important for Illinois residents to always be true to their own needs and emotions, it is important that they also fully realize the consequence that their decisions may have on their lives and futures. This is especially true when a person decides that they want to end their marriage in divorce. A divorce can bring about many emotional, financial, and legal changes that those who pursue it may not be prepared to cope with.

This may be particularly true when the party considering divorce is over the age of 50. Gray divorce, sometimes called later-in-life divorce, happens when the parties are older and may have reached retirement age. Gray divorces have been found to be financially devastating to some individuals and may result in some older Americans living in poverty.

Interference can impact a father's relationship with his child

42941577_S.jpgParents would do anything for their kids, and when parents must share their children's time with their ex, it can be hard on everyone to find a good balance of how and when to be together. For some Illinois families, following the terms of child custody and visitation agreements are straightforward and the parties respect each other's time with their shared children. For others, respecting their ex's right to have interactions with their children is next to impossible.

When a parent deliberately gets between a child and the child's other parent, those actions may be deemed interference. Parental interference can become a major family law problem when it limits or curtails the contact a parent has with their children. In some situations, a parent may actively try to prevent their ex from being with their kids. They may fail to drop their child off for visitation time, or may show up early when it is their time to pick the child up.

Is it too soon to modify child custody for the next school year?

43755691_S.jpgParents across Illinois may feel that while the days seem long, the years may blitz by at an incredible rate. A reader may feel as though they had just enrolled their child in kindergarten, only to blink and see them crossing the stage at their high school graduation. Time does not stop even when parents want it to so that they can enjoy the many diverse developmental stages their children go through, and as their children develop and grow they may have very different needs.

For example, a young child may be significantly more dependent on their parents than an older child. A child who can drive may require less after school supervision that a child in elementary school, and a child in their teens may connect more closely with one of their parents than a younger child who desires a relationship with both of their parents. When parents must share parenting time with their children in child custody plans, they should be aware that children's needs and interests may change over time and that those issues may be dealt with through child custody modifications.

Martial and separate property during an Illinois divorce

30730254_S.jpgThe property that a person owns when they get married may be treated differently depending upon what it is and what purpose it may serve in the individual's relationship. For example, while the individual's car may be shared with their spouse and immediately retitled to demonstrate their joint ownership of it, the individual's pre-marital savings account may stay under their name only and untouched by the parties, never being used for marital purposes. Property in Illinois may be considered marital or separate, and this distinction is important when that property must be divided up pursuant to a divorce.

Marital property is property that is owned by both of the parties to a marriage. It may be acquired by both of the spouses together, or as in the example above, it may be converted into martial property. Use, change of title and other methods of conversion may be undertaken by the parties to change properties' status from separate to marital.

What rights does an unmarried father have?

123247652_S.jpgBecoming a parent is a joyous if not stressful event in the life of an Illinois man. While he may not experience all of the physical pressures that his partner will undergo in order to bring a child into the world, he may share with her the worry and excitement, fear and love that take over as their baby's due date gets closer and closer. The arrival of a baby may bring him and his partner closer together, or it may stress their relationship to the point of ending it.

When two unmarried individuals have a child, there can be some serious legal issues to be worked out as they negotiate the world of custody, visitation and support. Particularly for the father, ensuring that he has time and authority in his child's life can be of the utmost importance. If a man is not married to his partner, he may not be automatically recognized as his child's father.

Differences between joint and sole physical custody plans

54444023_S.jpgPhysical custody is one of the two issues that must be addressed when Illinois parents create parenting plans. Physical custody relates to where a child will live once their parents no longer have a relationship as well as which parent will be responsible for the child's day to day needs. This form of custody may be shared between the parents in a joint arrangement or may be granted to one parent if the circumstances warrant such action.

When parents share physical custody the arrangement can take on many forms. How this arrangement will be set will greatly depend on the needs and interests of the child or children who are impacted by it. For example, for some families it may make sense for the parents to have equal time with their kids. For others, it may be better for the children to spend the school week with one parent and the weekends with the other.

Legal guidance for families considering step-parent adoption

69435708_S.jpgIt is often said that a person cannot choose their family, and to some extent this is a true statement. A child does not get to pick their biological parents, and though a person may select who they want to marry, that choice brings with it all of the good and bad of their new spouse's relatives. Illinois families change over time as individuals marry, children are born and divorces split the legal unions that were formed by the courts.

From time to time, individuals with children choose to marry and their children become the step-kids of their new spouses. The new spouses are not granted parental rights over the kids since presumably the kids still have two parents; when a parent loses their rights to their kids or gives them up, however, the spouse of the other parent may elect to adopt the children in a step-parent adoption process.

What is a post-divorce modification?

44914380_S.jpgWhen the parties to an Illinois couple reach the end of their divorce, they will presumably have all of their personal and financial matters worked out. They will have divided up their assets and debts, and they will have decided how items of property should be distributed between them. If they have kids, they will have worked out how custody will be established to serve their children's needs, and they will have set rules on how child support and spousal support should be paid.

The decisions that are made during a divorce are worked into a final divorce order, and that order carries with it the weight of judicial authority. The parties to the divorce are bound to follow the terms of the order and included provisions or face the possible sanctions of failing to comply. However, it is not uncommon for individuals to find, over time, that their divorce orders have become unworkable and that they need to make changes to them.

Many factors are considered when child support is ordered

39484505_S.jpgChild support is an important way for parents to ensure that their children are financially secure after they go through divorce. In Illinois divorce courts can order that parents pay child support and those orders will generally stipulate how much and when those payments must be made. Before a child support order is issued, though, many considerations must be made to determine an appropriate amount.

Illinois courts use a set of guidelines to determine how much money a child should receive in support. Those guidelines include considerations related to the financial situation of the child, their custodial parent, and their noncustodial parent. Generally child support orders are applicable only to noncustodial parents as custodial parents are expected to provide for their kids while they are in their homes.

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