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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.
What Needs to Be Included in a Parenting Plan in an Illinois Divorce?
When parents choose to get divorced, they will need to address multiple issues related to child custody. In an uncontested divorce, parents may reach agreements on how these issues should be handled. If an agreement cannot be reached, litigation may be necessary, and a family court judge may make the final decisions on how parental responsibilities and parenting time will be allocated between the parents. Regardless of the approach taken during the divorce process, the parents’ divorce decree will include a parenting plan that details all decisions made about child custody.
Elements of a Parenting Plan
The Illinois Marriage and Dissolution of Marriage Act states that a parenting plan must include the following:
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Details about how decision-making responsibilities will be allocated between the parents. Responsibility may be shared equally by parents or solely allocated to one parent, and the areas of responsibility that will be addressed include education-related decisions, health-related decisions, religious decisions, and the choice of children’s extracurricular or recreational activities.
How Are Child Support Payments Calculated Under Illinois Law?
When parents get divorced, they will need to address multiple types of financial issues, and child support is an area that will most likely be a significant concern. While parents will want to ensure that their children’s needs will be provided for, they will also need to make sure they will have the financial resources to meet their own needs. By understanding the procedures used to calculate child support payments and working with an attorney who can advocate for their rights and financial interests, parents can make sure this issue will be addressed properly.
Guidelines for Calculating Child Support
The method used to determine an appropriate amount of child support has changed in recent years to address the fact that in most families, both parents work outside the home and earn income used to support themselves and their children. Currently, the guidelines for determining child support provided in Illinois’ laws take the income earned by both parents into account.
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