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How Spousal Maintenance Is Calculated in Illinois
If you are going through a divorce, you may wonder if you’re entitled to financial support from your spouse. Spousal maintenance is the term that the state of Illinois uses instead of alimony, though they are the same thing. In the past, courts viewed alimony as payments from the husband to continue his obligation to support his wife. Now, spousal maintenance is awarded to either spouse depending on a variety of factors.
Determining Factors for Spousal Maintenance Eligibility
When you seek maintenance from your spouse, the court will first determine whether or not you are eligible to receive these payments. In Illinois, eligibility determinations are based on these factors:
- The income and property of each person, including marital property that has already been divided and property that has been deemed non-marital property;
- The needs of each person;
- The present and future earning capacity of each person;
Non-Biological Parent Granted Parental Rights after Divorce
The structure of the American family is drastically changing. Even though the majority of children are still raised in households with a married mother and father, that number has been decreasing over the years. According to the Pew Research Center, less than half of American children are living with both of their parents in their first marriage. Family structures in the United States have been changing and now include blended families with step-parents and children, parents who cohabitate and LGBT families. According to The Williams Institute, about half of LGBT women and a fifth of LGBT men are raising a child. The Case Recently, an Illinois court ruled that a woman has parental rights to a child that was conceived in her lesbian marriage. The woman’s former wife had sought a sperm donor to carry the child that was to be raised by the both of them. When the child was born, both parents identified themselves as co-parents on the birth certificate but split seven months after the birth. Even though the woman has no biological connection to the child, she was granted parental rights and partial custody of the child by a Winnebago County court. Determining Parentage Under Illinois law, a person is considered to be a parent of a child if the mother of the child and the person entered into a marriage, civil union, or other legal relationship before the birth of the child and the child was born during the time of the relationship. Using this law, the mother seeking parental rights in the case involving her non-biological child had a right to seek custody. Illinois Parental Rights Laws
Should You Consider a Prenuptial Agreement?
Nobody prepares for divorce when they are engaged, but according to a survey from the American Academy of Matrimonial Lawyers, that is exactly what people are doing. Of the members surveyed, 62 percent saw an increase in the number of couples seeking prenuptial agreements over the past three years.
Increasing Popularity, Losing Stigma
One reason why prenuptial agreements are becoming more common is due to the trend in marriage - more people are waiting until they are older to get married. According to a U.S. Census report, about 8 in 10 people had married by age 30 in the 1970s, but in 2016, the same percentage was not reached until age 45. Because people are waiting longer to get married, they are more likely to have accumulated assets, such as a business or property. A prenuptial agreement is a way for couples to protect these assets in the event of a divorce.
Prenuptial Agreements May Be for You
While prenuptial agreements still might ring unromantic for some, they can be right for others. Here are seven situations in which a prenuptial agreement might be right for you.
Young and Getting Divorced
It is not uncommon for young couples to get married. In fact, it is almost expected. What seems far less familiar is when a young couple goes through divorce, even after only a few years of marriage. The hard reality is that, regardless of their age or how long they were married, when a couple realizes their marriage just is not working then the best course of action may well be divorce.
Divorcing While Still in Your Twenties
Divorce, regardless of at what age or length of the marriage, is no less emotional for the couple; the decision to end a relationship that was supposed to last forever is rarely easy. However, younger couples may find a smoother, post-divorce path, and when a marriage ends after only a few years, the process tends to be less drawn out for a few key reasons.
- It is found that young couples getting married these days are more likely to have entered into marriage with a signed and valid prenuptial agreement.
Will You Be Filing for Divorce Soon?
Even the best marriages encounter issues and difficulties that couples must work through in order to make the relationship work. However, sometimes the size of the problem or the sheer number of issues that come between spouses are just too much to overcome. They may fight the notion at first, but eventually, a couple will come to the conclusion that divorce is probably their best course of action.
The Little Things That Add Up
Before the decision is made to seek a divorce from that person you promised to spend the rest of your life with, it is likely an individual encountered and dealt with one or more problem that seemed to drive a wedge into the marriage. Below we will examine some of the issues that plague married couples, which often serve as indicators that divorce is on the horizon.
- If you cannot be open and honest with your spouse for fear of being made to feel inferior or that your vulnerability will be used against you later it may be a sign that your relationship lacks the capacity for healthy communication.
Tales of the Strange Reasons for Divorce
The reasons couples get divorced vary from the very common to quite unique. In some cases, tales of the odd and downright unbelievable accompany court filings. Whether they are true or just some ploy to gain sympathy from the court in an effort to win more a more favorable alimony settlement, there are anecdotes of some very bizarre reasons why individuals have sought a divorce from their spouse.
Examining Some of The Most Bizarre
Infidelity, abuse, chemical dependency, mental illness and even irreconcilable differences are probably some of the most commonly applied reasons for divorce, Here, however, we are taking a look at some of the strangest reasons people filed for divorce from around the world.
- My wife is possessed: Not possessive, but rather possessed … as in, by an evil spirit or the devil. An Italian man used this as his grounds for seeking a no-fault divorce. He even supplied witnesses to his wife’s odd behavior. In the end, he got his divorce.
Determining Paternity for Child Custody
When a child custody decision must be made by the court, one of the first jobs is to determine who is and is not a legal parent. A few years ago, the Illinois legislature completed a massive rewrite of the Illinois Parentage Act to better clarify who in a relationship has a parental claim to any children that are part of the union in question.
What the Courts Look At
While the courts and child advocate representatives are required to make decisions based on what is in the best interests of the children in question, other factors may impact who is awarded custody and who earns child visitation rights once a relationship has ended. This is where stipulations set forth in the Illinois Parentage Act spell out that which is to be considered. In the case of determining a relationship between a child and a woman claiming to be the mother, the following scenarios are considered:- The woman gave birth to the child, EXCEPT in cases that involve a valid contract of surrogacy.
Blending Families Post-Divorce
Perhaps one of the most difficult and emotional parts of any divorce is when the the future and custody of children is involved. This can still weigh heavily even years after a divorce is final when parents enter into a new relationship and combine their children with those from another family whose parents are no longer married.
Unlike Television
When two adults decide to enter into a relationship, especially one that may result in marriage, their children usually have little influence. However, getting married and starting a family that involves the blending of two, previously existing families, definitely comes with some pitfalls to navigate on the path to establishing a happy and healthy household.
- Couples must work to ensure that any children who only live with them part-time feel like a full member of the family during the time they are with them.
Signs Your Marriage May Be Headed for Divorce
It is not uncommon for a person to say that they were taken by complete surprise when served with divorce papers. When one spouse does not recognize the signs that their marriage is in trouble it often results in great emotional hardship. However, if you are paying attention, there are some signs that are not too hard to miss.
What to Watch For
Now, just because some appears on the list below does not necessarily mean your marriage is headed for divorce. In fact, if caught early enough, many problems or points of contention between couples can be worked out through counseling. However, both spouses must be willing to put their full energy into correcting any problems and committed to ensuring they do not reappear in the future.
- When a spouse is overly judgmental, criticizing every little thing about their partner, it can lead to problems. Spouses need to accept each other for who they are because constant criticism is rarely an effective means for change.
Dealing with Misconceptions about Divorce at a Young Age
When young people decide to get married they often face a variety of outside opinions and attitudes about their decision. The same is true for when that marriage ends and the couple, both of whom are still very young, decide to get divorced. It is no less difficult just because they are still young.
Young Couples and Divorce
Divorce, regardless of the age of the spouses or number of years of marriage, features some very common issues. However, those who divorce at a young age and after only a few years together frequently encounter a number of issues unique to their situation.
Do not let anyone tell you that your divorce will be easy because you are young. Your divorce is no less emotional or traumatic because of your age.
Some may attempt to minimize what you are going through because you did not spend years and years together or have children.
Ready to Get Started?
To schedule a free consultation with Aurora divorce attorney, Matthew M. Williams, call 630-409-8184 or fill out the form below.
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