As the number of cases of coronavirus 2019 (COVID-19) cases continues to rise in the United States, Americans are taking precautions by social distancing and staying at home. The first reported case of the highly contagious virus was in China, but it has since spread to countries around the world, including the United States, Italy, and England. The outbreak has led to the World Health Organization (WHO) declaring it a global pandemic. Those infected can experience mild to severe symptoms, with some resulting in hospitalization and even death. Although the older population is at a higher risk of life-threatening complications, children can also contract the COVID-19. In Illinois, schools, restaurants, and other businesses are temporarily closed in an effort to stop the spread of the virus. With many people working from home or laid off and kids out of school, this can be a challenging time for co-parenting after an Illinois divorce.   

Co-Parenting During a Crisis

Illinois Governor J.B. Pritzker issued a “stay at home” order for residents that began on March 21 and runs through April 7. This means only essential businesses are open during this time period. Healthcare, government, and some food retail workers are included in this group. Other non-essential employees who are able to work from home have been ordered to do so. 

With coronavirus on everyone’s minds, you may be wondering how to handle parenting time with your children. As a parent, the safety, health, and well-being of your child is your highest priority. That is why it is crucial that you work with your ex-spouse and be flexible if parenting time needs may change during these uncertain times. For example, if you are still going into work but your ex is laid off, he or she can take care of your child while you are at the office. 

Divorce does not have to be the difficult process that you once thought it would be. You and your spouse can avoid costly battles in court and come to an amicable settlement through mediation. Negotiating with your soon-to-be ex-spouse can be challenging, especially if child-related issues are involved. It is important to arrive at your mediation meetings with the right frame of mind. Even with an experienced mediator, it is your responsibility to listen deeply, communicate your needs, and find a compromise. If you are feeling nervous at all, remember that the benefits of mediation go far beyond cost savings, and you have a better chance of maintaining a peaceful relationship with your ex-spouse once the divorce is final. A qualified divorce attorney can help you achieve this goal.

Listen Attentively and Be Courteous

Mediation is about compromise, so that means more than just stating your terms and hoping your spouse will agree to them. Depending on the circumstances, your spouse may attempt to push you to bend to his or her terms. You might also find yourself judging your spouse or focusing on your assumptions, but you will never be able to develop a solution that works for both of you if you do not stay present and respectful. Hopefully, your attentiveness will foster a comparable frame of mind in your spouse and that the mediation will go move forward smoothly.

Do Not Dwell on the Past; Build a Positive Future

Divorce and the painful experiences that lead to it are uncomfortable, but if you are trapped in those emotions, you might run into many pitfalls during your mediation. If this is the case, you will have a difficult time building a future that you can enjoy. Imagine the future that is best for you, your spouse, and your children, and cooperate with your spouse to determine the changes that will lead to that positive outcome.

Mental illness can manifest itself in many different forms, including depression, anxiety, or schizophrenia. Some of these conditions are recognizable while others are harder to detect. Studies show that nearly half of American adults will experience a mental illness during their lifetime. In many cases, these conditions can cause the breakdown of a marriage. The emotional upheaval that a divorce causes can be challenging for anyone to go through, but when one spouse has mental health issues, legally ending a marriage can be even more intimidating. Although Illinois courts do not consider fault in a divorce, it will weigh several factors when determining certain marital issues such as child custody or dividing assets and property. The mental well-being of one spouse may impact the outcomes since a judge will consider what is in the best interest of the children.   

Practical Steps to Protect Yourself

The stress of a divorce can escalate the symptoms of mental illness. For example, a person who suffers from depression may become suicidal at the news that his or her spouse has filed for divorce. In other situations, a mentally ill person can become violent toward his or her spouse or children in response to the marriage dissolving. In certain cases, Illinois courts may terminate parental rights when a parent is mentally ill is unable to perform basic parental duties. 

Studies have shown that a child thrives when he or she has a healthy relationship with both parents, regardless of the relationship between the adults. A mother and a father play different roles in the psychological development of a child. However, in some cases, the father’s identity may be in question for various reasons. For example, the mother might not have been married at the time she gave birth, and she may have had multiple romantic partners. 

Paternity refers to the legal relationship between a father and his biological child, which involves the rights and obligations of both the father and the child to each other. Even if both parents do not remain romantically involved, they can still work together for the best interest of their child by providing financial and emotional support. Establishing paternity is also important for protecting each parent’s rights.  

The Process of Establishing Paternity 

If a child's mother is or was married when the child was born or within 300 days prior to the child’s birth, the person the mother was married to (or in a civil union) at that time is presumed to be the child’s second parent. If the mother was married to a man, the man is presumed to be the child’s father. 

Regardless of the circumstances surrounding the breakdown of a marriage, divorce can be complicated. For those couples who have a high net worth, divorcing may be a very complex process. Illinois is an “equitable distribution” state, which means items are divided fairly but not necessarily in half. In order for marital assets or property to be divided, they must first be assigned a value. This can be a difficult task for unusual or unique assets that are often acquired by individuals with considerable wealth. Even if a couple is amicable at the beginning of the process, the division of property can quickly become contentious, so it is important to have an attorney by your side to protect your rights.  

Dividing Property Can Be Complex

Items or assets that are accumulated during the marriage are considered marital property. Separate or “nonmarital” property is anything that one of the spouses acquired prior to the matrimonial union. However, gifts or inheritance are also typically classified under separate property. Forensic accountants or valuation experts can help a divorce lawyer accurately assign property as marital or separate. In addition, they can provide an accurate assessment of the overall value of the marital estate, including complex matters such as a family-owned business or an expansive financial portfolio. 

Illinois courts consider several factors into account when determining how to split these assets equitably. Some of these factors include each spouse’s occupation, health, age, and income sources. 

February is National Teen Dating Violence Awareness Month. Sadly, many teenagers, as well as adults, are in abusive relationships, whether it is within a romantic relationship or with a family member. Victims may be afraid to leave these dangerous situations for various reasons. However, Illinois law allows victims to file for orders of protection to keep themselves and their children safe. Sometimes called a restraining order, an order of protection is a court order that prohibits an alleged abuser from approaching or contacting his or her victim. If an individual violates the terms of the order, he or she can face serious legal consequences. If you or your loved one is concerned about your safety, it is imperative to hire an experienced family law attorney who can help you file and enforce a protective order.      

Illinois Domestic Violence Act

According to the Illinois Domestic Violence Act of 1986, domestic violence is a crime. Any person who hits, kicks, chokes, harasses, or interferes with the personal liberty of a family or household member has broken the law. Fortunately, if you are the victim of abuse, you can file for a restraining order to prevent the alleged abuser from contacting you or your children. 

A typical restraining order will do the following:

Although it would be ideal, not every divorce is amicable. One spouse may have been planning to split for months, while the other spouse is blindsided by the news. In certain scenarios, one partner may have controlled all or most of the couple’s finances during the marriage. In these cases, one spouse is put at a disadvantage because he or she is financially vulnerable. 

Under Illinois law, the division of assets or property is subject to equitable distribution. This means any marital property that was acquired during the marriage will be divided in a fair manner. However, one spouse may be guilty of depleting and/or hiding assets in order to keep more for himself or herself after the marriage is legally terminated. Inappropriate spending in such a situation is called dissipation of assets, and a skilled attorney along with a forensic accountant can help in revealing this form of deception.         

How to Detect Wasteful Behavior

Dividing assets or property can be one of the most contested aspects of a divorce. The court considers several factors when determining who gets what. In some cases, the split could be 65/35 or 80/20, or all marital property could even be allocated to one spouse.  

A divorce can impact all areas of a person’s life, from physically separating to breaking apart emotionally and financially. Once the decision to divorce has been made, a couple may think the hard part is over. However, the legal process of ending a marriage raises many new queries that need to be resolved. For example, how will property and assets be divided? If children are involved, who will be awarded the allocation of parental responsibilities and who will pay child support? What are the tax implications, especially when it comes time to file your taxes? With tax season upon us, it is important to be prepared by considering the tax consequences when you get divorced in order to protect your financial future.   

Tax Implications of Divorce

Even if you or your spouse has filed the divorce petition, if you are still married as of December 31 of that given year, you have the option to file jointly for that year’s tax return. Until a divorce decree has officially been issued, you are married in the eyes of the law. However, once your divorce is final, each party has the option to claim as Single or Head of Household. The right choice for your situation will depend on your specific circumstances, and it is advisable that you speak with a tax professional.

If you have children together, the parent with the majority of the parental responsibility typically files as head of household, and the tax exemption or credit for the children usually goes to this parent. In some scenarios, parents can split tax exemptions using IRS form 8332, which means the custodial parent allows the other parent to claim a child on his or her taxes. Parents can also claim a tax credit for each dependent who is under the age of 17. There are also other credits for contributions to education and childcare.

People often say that a marriage is hard work. Once the “honeymoon” phase is over, being married can be challenging for various reasons. Even if two spouses love each other, life circumstances can get in the way of living happily ever after. For example, a job loss or the death of a loved one can cause one partner to turn to alcohol or drugs as a remedy. In other cases, someone may become addicted to shopping, gambling, or pornography as a way of coping with stress. Regardless of the root cause of an addiction, this type of behavior can destroy a marriage and ultimately lead to divorce. If you are thinking about divorcing your spouse who has an addiction problem, it is important to know how to protect yourself emotionally and financially.  

Irreconcilable Differences

In Illinois, the only recognized “grounds” or reason for divorce is “irreconcilable differences.” This means the marriage has deteriorated without hope for reconciliation. Therefore, abusing drugs or alcohol cannot be the official reason to file for divorce, but it can definitely contribute to the breakdown of a relationship. When a couple has children together, addiction can put a significant strain on the family. In some cases, alcoholism can lead to physical or verbal abuse. Attempts at rehab or therapy may have failed to resolve the problem. A parent may feel he or she has no choice but to leave the marriage in order to protect him or herself as well as his or her child’s best interests. Even though it is not a legal prerequisite, if a couple has been separated for at least six months, that typically proves they have irreconcilable differences.

Protecting Yourself

Once you have decided to leave your addicted partner, there are a few things you can do to help prepare for the divorce process. In many divorce cases involving an addict, the two spouses do not agree on how to divide marital property or assets. For these situations, the court will consider many factors to determine the allocation of parental responsibilities or parenting time. Overnight stays may not be granted, or a judge can order supervised visitation for the parent who has a substance abuse problem.

Although they are becoming more popular, only 5-10 percent of U.S. couples who marry draft prenuptial agreements. Once considered to be only for the wealthy, a prenuptial or postnuptial agreement can save a couple not only time and money but also mental anguish from disputes over property or asset division if they choose to divorce later. These legal documents let couples decide how they would like their marital property to be divided, as well as other considerations. However, there may be situations where a prenuptial or postnuptial agreement may be deemed invalid and therefore unenforceable. If you are considering working with your partner to plan ahead, it is best to learn what to include in these types of agreements and what would make them null and void. 

Premarital Considerations

A prenuptial agreement, or “prenup” is a legal document that an engaged couple can create to determine how they will address property, assets, debts, and other financial issues throughout their marriage and if they decide to divorce at any time. With this approach, property can be divided in the way the spouses wish. For example, they could choose a 60/40 or 70/30 percentage split.
As many other states did, Illinois adopted the Uniform Premarital Agreement Act (UPAA), which contains rules that dictate how courts decide whether a prenuptial agreement is enforceable. All prenuptial agreements must be put in writing and signed by both spouses for it to be enforceable. They do not need a witness to sign, and it does not have to be recorded with the court’s clerk. However, it is important to know that a court is more inclined to enforce the prenup if it can be proven that each spouse had prior knowledge of each other’s finances before signing it.

Postnuptial Factors

In some cases, a couple may not have considered a prenuptial agreement or did not have time to draft one if they had a short courtship before tying the knot. In these cases, a postnuptial agreement (postnup) may be an option. A postnup is a legal contract between spouses that defines what happens if the marriage ultimately ends. It can also be beneficial for those who are married and plan to stay together even after experiencing problems in their relationship, such as infidelity. 

There is an old saying that no one really knows what goes on behind closed doors. This adage applies to many marriages, where outward appearances can be deceiving. A couple who seems to have it all -- healthy kids, big house, fancy cars -- may in reality be dysfunctional and miserable. Domestic abuse is a serious problem that often leads to divorce and the breakup of a family. Under Illinois law, domestic violence is considered a crime. However, it does not just occur between married couples. 

Anyone who hits, kicks, chokes, threatens, harasses, or interferes with the personal liberty of a family or household member has broken the Illinois Domestic Violence law. These members include married spouses, blood relatives, romantic partners, roommates who share or shared a common dwelling, and even disabled individuals and their caretakers. Luckily, victims of domestic abuse and other forms of financial abuse can petition the court for special protections, known as orders of protection.    

Reasons for Seeking Protective Orders

Sometimes called a restraining order, an order of protection is a court-issued directive that can be entered against an alleged abuser. The court may enter this kind of protective order when an individual fears for his or her own safety (or that of his or her children’s) because of actual or threatened abuse by a family or household member. This type of order generally restricts what the abuser can do, such as coming into physical contact with the victim, and harassing or stalking the victim electronically. 

The reasons for divorce can be numerous, from infidelity to financial problems to addictions to simply growing apart. Some marriages can end amicably if the decision to separate was mutual. However, many divorces are contentious, especially if one partner harbors bitter feelings toward the other spouse. When it comes time to make decisions during the divorce proceedings, this can cause conflict. 

Litigation is one approach to resolving divorce disputes between couples. This method involves going to court in order to come to an arrangement on issues such as spousal support or allocation of parental responsibilities, and more. Couples will often resort to litigation if they cannot reach an agreement on their own or through mediation. It is important to have an experienced divorce attorney by your side if you are considering filing for divorce under any circumstances. 

Steps to Keep in Mind When Divorce Issues Are Escalated

Just as every marriage is different, every divorce is unique. Each has its own set of challenges and issues to resolve. If a couple had a difficult time agreeing on things during the union, they will likely argue over property division or child-related issues in the divorce settlement. That is when a judge may become involved, and he or she will make the children’s best interest the top priority when determining certain solutions. The court will weigh several factors when deciding outcomes for parenting time and child support, including the kids’ wishes.   

There are many reasons why a marriage may end in divorce. These can range from infidelity to financial problems to lack of communication to domestic abuse, the list goes on. Many couples who have children stay together even though they are unhappy for their “kids’ sake.” However, staying in a toxic relationship can be detrimental to your well-being, which in turn affects your children. There comes a point where it may be in your best interest to file for divorce. If you and your spouse have tried marriage counseling and put forth a concerted effort to salvage your union but problems remain, it may be necessary to make a decision about how you want to spend the rest of your life. 

Problems Can Negatively Impact Your Relationship

Regardless if a couple has been married for a few years or several decades, marriage is hard work. Life circumstances such as a job loss, a child with special needs, or a family member’s death can strain even the best of relationships. If issues are not addressed, they can simmer over time and cause feelings of resentment, anger, or loneliness, ultimately leading to the breakdown of a marriage. One of the most important aspects to a successful marriage is communication. In order to solve problems, a couple needs to talk about them and try to find ways to conquer them. 

Some of the typical behaviors that often lead to one spouse considering filing for divorce include:  

A divorce under the best circumstances still has its challenges. When parents split up and are no longer married, they are still responsible for supporting their children, both emotionally and financially. This is why child support orders are included in a final divorce decree. In Illinois, basic support payments are calculated according to the Income Shares model. This approach takes the combined net income of both parents into consideration when determining the amount each spouse is obligated to pay. However, what happens when a parent remarries, has more children, and gets divorced for a second time? Will the child support order for a second divorce be the same as the first divorce? It is helpful to seek professional legal counsel to find out how multiple marriages and children affect this type of financial support. 

Income Shares Model 

Once a couple has finalized their divorce, it is common for one spouse to pay child support, spousal maintenance, or both in some cases. Illinois law provides guidelines for determining this financial support. Remarriage can have an effect on the duration and amount of child support payments made to the custodial parent, which is the parent with the majority of the parental responsibilities. 

In 2017, Illinois changed its child support law to use the Income Shares model when calculating payment amounts. Previously, the number of children involved and only the obligor parent’s income were taken into consideration when determining a support order. 

The end of a marriage can be devastating for many reasons. Life after divorce can seem daunting, especially the thought of starting over again. There are many things to resolve, such as how to divide marital property or assets, allocation of parental responsibilities, as well as child support or spousal support. Formerly known in Illinois as “alimony,” spousal support or maintenance may be awarded to one of the spouses in a divorce depending on the situation. However, although the amount set during the divorce proceedings may be appropriate at the time, a significant change in circumstances may call for an amendment to a spousal support order. 

How is Spousal Maintenance Distributed?

The reason for spousal maintenance in any divorce is to assist a financially dependent spouse who does not have the income or means to be self-supporting post-divorce. This is typically a stay-at-home parent who did not work outside the home while raising children. In some scenarios, a couple may agree to the amount and how often payments will be dispersed. If a couple cannot agree, they will have to go to court and a judge will determine how it should be distributed.

Depending on the terms of the divorce decree, spousal support payments can take various forms:

The decision to divorce is difficult, especially when a couple has children together. One of the main reasons parents stay together even if they are unhappy is because they do not want to lose any time with their kids. During divorce proceedings, many child-related issues must be addressed. 

In Illinois, “visitation” is now referred to as “parenting time.” This schedule can be agreed upon by both parents, or if they cannot come to an agreement, a judge will decide for them, keeping the best interest of the children in mind. The schedule is a part of the parenting plan, which, once approved by the court, is a legally binding document. It is important to follow the schedule as it was created, but parents may modify it if they both agree to the changes. As you might expect, the holidays present a unique challenge when it comes to parenting time, so the best approach is to be prepared. 

Adjusting Schedules

Creating a special holiday parenting time schedule can make things easier because it outlines where the children will spend each holiday without the parents having to negotiate every year. In many cases, parents rotate major holidays such as Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, Easter, Memorial Day, 4th of July, and Labor Day. Children are typically with their mom on Mother’s Day and their dad on Father’s Day. When the parents do not live close together, the schedule is adjusted for time to travel.

A divorce can be complex, with many issues to resolve. Some couples argue over money, especially as it relates to child support or spousal maintenance. In high-asset divorce cases, one spouse may deliberately try to hide funds in an effort to keep them from the other spouse. That is why it is important to seek professional legal counsel to make sure you are not being taken advantage of during the proceedings. Hidden assets can be uncovered in several different ways with the help of a forensic accountant, as well as an experienced divorce attorney.      

Ways in Which a Spouse May Hide Marital Assets

There are certain ways your spouse can be deceitful if he or she does not want to share a portion of the marital assets. One of the most common ways to hide assets is to transfer them to a new bank account that is only in your spouse’s name. Hidden assets may also include other acts, such as using dinners as a business expense or tax write-off. Undervaluing a piece of property you own together is another way to conceal funds. 

Below are a few examples of the means through which marital assets may be hidden:

When going through a divorce, it might be hard to think about moving on. However, it is possible to find love again and even remarry. In some cases, one or both spouses may choose to give marriage another try with new partners. Many remarriages involve couples who have children from previous marriages, often referred to as “blended families.” Statistics show that approximately half of all families in the United States are blended rather than the “traditional” nuclear families. Creating a new family dynamic can be challenging for parents and kids, and there are many issues to consider. For example, one spouse may be paying spousal maintenance or child support to his or her ex-spouse. Parenting time also may need to be adjusted based on new home or work schedules. Following are ways to ease the transition of combining families after remarriage. 

Practical Advice for Joining Families

If you decide to get married again after taking a second chance on love, you might not necessarily think about how a remarriage could impact your children. After enduring years of unhappiness in your first marriage, it may be tempting to put your feelings ahead of your kids. However, it is important to remember that it is not all about you and your new love. 

Here are some tips for learning how to share your lives and create lasting bonds: 

Domestic violence does not discriminate. It can happen to men, women, and even children of socioeconomic status. Studies suggest that up to 10 million children witness some form of domestic violence each year. In many cases, an abusive relationship can lead to a divorce. However, in some cases, violent behavior by one spouse can continue throughout the divorce process and long after. The Illinois Domestic Violence Act (IDVA) provides safety provisions for survivors of domestic violence and their children by holding their abusers accountable in the criminal and civil courts. This can be done by court orders, but it is important to know how to obtain such protections and how long they are in effect. 

What Can Protective Orders Do?

In Illinois, there are certain actions a victim can take against his or her alleged abuser. A protective order can restrict or limit certain actions a person can and cannot do. Often referred to as a “restraining order,” it can prohibit an individual from harassing or harming the victim as well as forbid any contact or coming within a certain distance of the alleged victim. 

To obtain such an order, a person must file a petition for an order of protection. In the petition, the accuser must explain to the court why he or she wants an order of protection. If the court believes the person has been abused or is imminent danger of abuse, a judge will issue an order of protection. Below are the three types of Illinois protective orders and the amount of time for which they are in effect: 

A divorce can trigger many different emotions, from anger to sadness to resentment. Although there are couples who part ways amicably, many divorces can be contentious. Such cases can involve disputes over parenting time, child support, spousal maintenance, and property division. One of the biggest questions is who will be allowed to stay in the marital home? In many cases, both spouses feel like they are entitled to the house they bought together. However, usually only one spouse will remain in the home and the other spouse will move out. Determining this can be complicated and a major point of contention. 

How Are Marital Assets Divided? 

In Illinois, marital assets or property include anything that was acquired during the marriage. This can also be debts that one or both partners accrued. Non-marital property are things that each spouse owned before the wedding or acquired once they legally separated. Gifts and inheritances received by just one spouse during the marriage are still generally considered non-marital property. On the other hand, the home the couple lived in is often considered marital property, even if it was bought before the couple was married.

When it comes to splitting the marital estate, it is divided according to “equitable distribution.” This means items are divided fairly and may not be split exactly in half. The courts will consider several factors when deciding how to divide the assets equitably. Some of these factors include: