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What Is Dissipation of Assets in an Illinois Divorce?
When a couple chooses to get a divorce, they will need to address multiple types of issues as they legally dissolve their marriage. Property division is one area that can is often disputed since both spouses may want to keep certain items, and they will both be looking to make sure they will have the necessary financial resources to live on their own. Disagreements in this area can become even more contentious if either spouse believes that the other has depleted the marital estate by wasting money or destroying property. This is known as “dissipation of assets,” and in these cases, spouses will need to be sure to understand how Illinois law addresses this issue.
Understanding Asset Dissipation
Dissipation of assets can take a number of forms, but it generally involves the use of marital property for a person’s sole benefit rather than any purposes related to their marriage. For example, a person may be accused of dissipating assets if they had an affair and took money out of a joint bank account to buy gifts for their lover. Dissipation may also involve the destruction of property as an attempt to harm the other spouse, such as by burning their clothes or defacing a painting that had sentimental value. It may also involve any other actions that reduce the value of the marital estate, such as spending marital funds on gambling or illegal drugs.
How Will a Guardian Ad Litem Affect an Illinois Child Custody Case?
In family law cases involving children, parents will often disagree about the best ways to handle child custody. While some divorcing parents may be able to resolve their differences and reach agreements on these issues, this is not always possible. In cases involving contentious disputes between parents or other situations where outside help may be needed to make custody-related decisions, a guardian ad litem may be appointed. By understanding the duties of a guardian ad litem and how they may influence a child custody case, parents can determine the best ways to protect their rights and address their children’s best interests.
What Does a Guardian Ad Litem Do?
When parents cannot reach agreements about how they will share in the allocation of parental responsibilities and parenting time, they may leave the final decisions on these matters up to the judge who oversees their case. However, a judge may be concerned that they do not have enough information to determine what would be in the children’s best interests. To gain a better insight into the case, the judge may appoint a guardian ad litem (also known as a GAL). Either parent may also ask that a GAL be appointed if they believe that it would be necessary.
What Are the Different Types of Spousal Support in Illinois?
When a couple decides to end their marriage and get a divorce, this can sometimes put one spouse in a difficult position as they determine how they will be able to support themselves on their own. In these situations, a spouse may ask to receive spousal support from their former partner. These payments, which are referred to as spousal maintenance in Illinois law, may be available in situations where one spouse earns a higher income or where a stay-at-home parent or a person who has extraordinary needs requires financial support to be able to meet their ongoing needs. By understanding the types of spousal maintenance that may be available, spouses can make sure this issue will be addressed correctly during the divorce process.
Three Types of Spousal Maintenance
In a case where a divorcing spouse is requesting spousal maintenance, a couple may agree that this type of support will be paid, or both parties may present their case to a judge, who will decide whether spousal support will be appropriate. The judge will look at each party’s financial situation to determine whether one spouse needs support and whether the other spouse will have the means to make ongoing payments. They may also consider other factors, such as whether the person who is asking for support made sacrifices to their career during their marriage or helped their spouse pursue career opportunities and increase their level of income.
Do Grandparents Have Visitation Rights After a Couple’s Divorce?
When married spouses choose to get a divorce, or when an unmarried couple ends their relationship, this will not only affect the couple themselves, but also their children and other extended family members. In some of these cases, grandparents may be concerned about their ability to maintain close and continuing relationships with their grandchildren. This may be an issue in situations where a person does not get along with their former spouse’s parents, and grandparents may worry that a parent will attempt to limit the amount of time they can spend with their grandchildren or otherwise harm a child’s relationship with extended family members. In some cases, grandparents may be able to secure visitation rights with grandchildren. When addressing these issues, grandparents can work with a family law attorney to determine their rights and options.
Petitioning for Grandparent Visitation Rights
Illinois law presumes that parents who are fit to care for their children are able to make decisions about whether continuing relationships with grandparents will be beneficial for their children. However, if a parent has denied a grandparent access to their grandchildren, a grandparent may petition for visitation rights. In these cases, a grandparent will need to show that a parent’s actions to deny visitation by a grandparent will result in harm to a child’s physical or emotional well-being.
Is Legal Separation an Option for Muslim Couples?
The decision to get a divorce is difficult for most married couples, but husbands and wives who practice Islam may be especially hesitant to take this step. The prophet Muhammad has said, “Of all the lawful things, divorce is the most hated by Allah." Because of this, many couples may consider other options before proceeding with an Islamic divorce, including legal separation. By understanding when a legal separation may be beneficial, a couple can make choices about the right solutions for their unique situation.
Legal Separation Before or Instead of an Islamic Divorce
Muslim couples can take multiple approaches during the divorce process. A husband may choose to end his marriage through the talaq process without the consent of his wife. In other cases, a couple may mutually agree to end their marriage through the process of khula. Regardless of the method chosen, a couple is required to complete a waiting period of at least three months (known as the iddah) before their divorce can be finalized under Islamic law.
What Are the Requirements for Post-Divorce Modifications in Illinois?
A divorce will involve multiple types of legal issues, and at the end of the divorce process, the decisions made about these issues will be set down in their divorce decree. The final orders issued by a family court will address how the ex-spouses will handle certain issues going forward, and both spouses are required to follow the terms of these orders. However, there may be some cases where a spouse may feel that these orders no longer apply to their situation, and they may seek a post-divorce modification. It is important to understand when these modifications can be made and how a person can successfully demonstrate that their requested changes are necessary.
Demonstrating a Significant Change in Circumstances
In most cases, the terms of a divorce order can only be changed if one of the spouses or the children they share have experienced a significant change in circumstances. Some examples of these changes include:
How Can I Complete an Uncontested Divorce in Illinois?
Getting a divorce is not easy. When you got married, you probably expected to stay with your spouse for the rest of your life. Ending your marriage will not only require you to give up your expectations, but you may also experience difficulties as you work to establish yourself as a newly single person. Disputes with your spouse during the divorce process can add to these difficulties, making it harder for you to separate your lives from each other and move forward. To minimize disputes and complete the divorce process more quickly and effectively, you may wish to pursue an uncontested divorce.
Reaching a Divorce Settlement Without Litigation
A contested divorce generally involves litigation and possibly a trial during which witnesses will be called to testify, evidence will be presented, arguments will be made by each party’s attorney, and a judge will make the final decisions. This process can be very expensive and time-consuming. In most cases, spouses will prefer to resolve their issues outside of court. This will not only help them minimize conflict, but it can also allow them to reach agreements on divorce-related issues and create a settlement they can both be satisfied with.
How Is Property Division Handled in an Islamic Divorce?
Any couple that chooses to end their marriage will need to address multiple types of complex legal and financial issues. However, during an Islamic divorce, these issues can become even more complicated. In addition to following the divorce laws in the United States, a couple may also need to determine how Sharia law applies in their situation. When addressing issues related to property division, a spouse can make sure their rights and interests will be protected by working with an attorney who is experienced in Islamic divorce cases.
Rights to Property in an Islamic Divorce
Traditionally, Islamic law does not recognize the concept of marital wealth. Married spouses are not required to share their income and assets, but each spouse is entitled to ownership of assets they brought into the marriage. Because of this separation of wealth, some husbands may claim that their wives are not entitled to a share of certain assets during a divorce. However, Islamic law also states that wives are entitled to an equitable divorce and compensation for their contribution to the marriage.
What Divorcing Parents Need to Know About Sharing Child Custody
If you are a parent who is considering divorce, planning to end your marriage, or in the midst of the divorce process, one of your biggest concerns is likely to be how you and your spouse will share custody of your children. Each of you may have different expectations about how parenting issues should be handled and where your children will live, and determining how to resolve these disagreements can often be difficult. As you proceed with your divorce, you will need to be sure to understand how Illinois law applies to you and how you can create a parenting plan that will allow you to provide for your children’s best interests in the years to come.
Sharing Legal and Physical Custody of Children
Child custody involves two different areas of concern: the allocation of parental responsibilities (usually referred to as legal custody) and parenting time (often called physical custody or visitation). Parental responsibilities address the parents’ right to make important decisions when raising their children. These decisions include education, healthcare, religion, and activities that children will participate in. Parenting time includes any time that children will be cared for by either parent, including when they stay at a parent’s home or spend time with them at other locations.
How Are 401Ks, IRAs, and Pensions Handled During Divorce?
When a couple chooses to get a divorce, they will need to address multiple issues related to their property and finances, as well as any other legal matters involved in the end of their marriage. Determining how to divide marital property can sometimes be complicated, especially for couples with a high net worth. However, couples at all income levels may need to determine how to address financial assets such as retirement accounts and pensions. To ensure that these assets will be considered properly and that their interests will be protected, a spouse can secure representation from a divorce lawyer who has experience addressing this issue.
Division of Retirement Benefits
Spouses may own multiple types of retirement benefits, including money saved in retirement accounts or pension benefits that a person will receive after they retire. If contributions were made to a retirement account during a couple’s marriage, or if a spouse earned pension benefits while married, these assets will need to be considered when dividing marital property.
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