Illinois divorces may be even more complicated than they initially seem. Of course, there are difficult issues such as property division and custody for the two parties to work out in the divorce agreement. Beyond that, there could still be other concerns that the parties may have thought were simple but really are not. One of these areas is life insurance after the divorce is final.
Formulating a workable parenting plan is one of the more difficult parts of a divorce. For Illinois parents who are trying to come to a solution that is satisfactory to both sides, it is important to think about the factors involved. Some concepts might seem sound at the start, but may not be practically effective.
Modern life for women in Illinois and around the country has created more career opportunities and raised expectations about the division of labor within marriages in the view of one sociology professor. An increased ability to earn money compared to earlier generations has granted many women the freedom to choose divorce instead of staying in unsatisfactory marriages. This has become evident in the fact that about 70% of divorces are initiated by women according to the American Sociological Association.
When parents go through a divorce in Illinois, they should take time to process their pain. They also need to talk with their children to understand how they feel and to help them cope with the new situation. There are two co-parenting strategies that can help parents work through this process with the best interests of their children in mind.
One of the most fundamental concepts of family law in Illinois is the concept of parental rights. Mothers generally have no problem establishing that they have given birth to the baby in question, but fathers can have far greater difficulty in proving that they are a baby's father, especially if the mother is not willing to cooperate. This means that it can be difficult for a father to secure his parental rights.
Most residents of Illinois believe that the entry of a judgment ending their marriages is the final step in a very unpleasant process. In many cases, this belief is accurate, but its accuracy depends upon the wishes of the parties and not upon Illinois' family laws. The parties in a divorce proceeding have two essential rights to modify or amend a judgment of divorce after it is ended: a motion to the court to amend certain portions of the order, or an appeal to the Illinois courts of appeal.
Many couples in the Chicago area are struggling with the decision about whether to end their marriage. The nature of the divorce process depends largely upon the attitudes of the parties. If they are able to communicate openly and honestly, they may be able to reach a decision on every important issue without asking the judge to make the decision. If, on the other hand, they see every dispute as a weapon to be used to aggravate or harm the other party, the process is likely to be very long and fraught with anger and depression. The courts encourage parties to use processes such as divorce mediation or collaborative divorce in an effort to reduce the emotional stress of a divorce and avoid a court trial.
One of the most important issues for residents of Northern Indiana who are contemplating a divorce is child support - how much can a non-custodial spouse be expected to pay or how much should a custodial parent expect to receive. The answers can be found in the general statutory language governing child support and in the specific child support guidelines that set the amount of child support based upon the parents' financial situation.
There is a perception that when couples in Illinois get a divorce, there will be a litany of family law issues in dispute and it can grow endlessly contentious. That is, unfortunately, true in many cases when couples are battling over property, custody of children, support and visitation rights. However, in some cases, the family legal issues are reasonably amicable and the parties can agree on most issues to facilitate a rapid end to the proceedings.
Couples in Illinois who are planning to divorce might think that the case will be heard on that basis with the court allowing it to move forward, assessing the circumstances and making decisions based on the evidence. However, that is not always the case immediately. In some situations, the court will determine that the marriage can be salvaged. With that, there can be an order for the parties to take part in a court-ordered "conciliation" conference.