Marriage is a huge commitment that involves several legal matters and, if not taken seriously, could result in a potential divorce. Therefore, couples often turn to prenuptial agreements prior to marriage in order to keep their assets accounted for and to potentially save the marriage. For many couples, this is an excellent opportunity to determine marital assets.
There is a lot of information that many people may not be aware of with regard to domestic partnerships and civil unions. In order to file for a civil union partnership certificate, depending on the living situation, one needs to thoroughly understand the process. One also needs to know how to apply for a domestic partnership, depending on his or her circumstances.
Although most would hail our mobile and global society and our ability to embrace cultures different from our own as a positive development, there can be some drawbacks. Just ask the mother of three Chicago-area children. The children’s father (the mother’s ex-husband) is facing federal parental kidnapping charges after taking the couple’s three children overseas without the mother’s knowledge or consent. When your ex-partner absconds with your children and takes them to an unknown location, it does not matter whether the children are across town or across the globe: the feelings of terror and helplessness are the same. If you believe your children’s mother or father (and your ex-partner) has taken your children to an unknown location, you may feel helpless. However, there are certain actions you can take when an international parental kidnapping has happened:
It is rare for the personal and financial situations of spouses to remain the same in the months and years following a divorce. The ex-spouses might remarry, one ex-spouse might take a new job, or one ex-spouse might decide to move to another part of the country. At the very least, any children born to the divorced couple will experience a change of situation as they grow from childhood to adolescence and from adolescence to adulthood. Because of the fluidity of the personal situations of divorced couples and their children, it only makes sense that the law allows child support obligations to be modified as these personal situations change. This ability to modify an existing child support order is not limitless, however.
In some custody cases, a Guardian Ad Litem (GAL) is appointed to add a non-biased opinion on the matter. It is important for both parties to understand the GAL’s job, focus, and the weight of his/her decision before deciding whether to ask for this form of advocacy in a child custody case.
When a marriage seems to have failed, many couples assume that divorce is not only inevitable, but the only available solution. For a large majority of couples in that situation, divorce may, in fact, be in their long-term best interest. In some cases, however, one spouse may instead wish to file for a legal separation.
In many marriages, one spouse is primarily responsible for the household finances. The other spouse may have a vague idea of the income and expenses of the family, but is often unaware of many of the details. An arrangement of this type may work just fine when both partners are fully vested in the best interests of the marriage. If, however, the relationship deteriorates and divorce becomes a possibility, the spouse controlling the finances may start trying to take advantage of the situation by hiding assets.
There are times when divorcing parents allow their own emotions to cloud their judgment related to what is best for their children. It is most often unintentional, but if not addressed, can have serious long-term consequences. Unfair or lopsided custody and visitation arrangements could result, for example, in one parent overwhelmed by responsibility while the other feels alienated. Possible negative effects are definitely not limited to the adults, and in fact, may be even more severe for the children.
Are you at the point in your marriage or civil union where you are considering a divorce? You may have some questions regarding your next step; for example, under what grounds can you get a divorce. Illinois is not considered a pure no fault state, and therefore, you must have a ground for a divorce and a separation period before you can even file for a divorce. If you do not properly meet the ground and separation period, the judge may dismiss your case.
It is not uncommon in divorce cases for each party to retain their own attorney for legal advice and representation through the process. Concerns regarding division of property, spousal support and arrangements for the couple’s children all need to be addressed and eventually resolved. Both sides typically have their own beliefs as to how the agreements should be established, often at odds with those of their spouse. In many cases, litigation is necessary.