Illinois divorce

We are in the throes of wedding season. I just celebrated my 25th anniversary, and I haven’t been to a wedding for a couple of years. But not too long ago, I was going to what felt like one wedding a week, and I’m sure there are plenty of 20- and 30-somethings who are going through that now, or even getting married themselves.

With that in mind, I thought I’d put together a list of legal tips for those getting married. I’m an Illinois attorney and while it’s possible these tips apply in other states, they are meant for Illinois. Now that I have that lawyer disclaimer out of the way …

1. Get a prenup. If you do that, most of this list becomes obsolete. It’s the smartest thing you can do and I wish it was mandatory for everyone getting married. Note that it can’t be done last minute if you want it to hold up.
2. Assuming no pre-nup, remember that things acquired during the marriage are considered marital assets. Each spouse has an interest in them.
3. If you owned a house before the marriage, it’s not likely a marital asset unless you put your spouse’s name on the title. If you aren’t on the title it’s worth discussing having that changed.
4. If you are married to someone who starts a business during the marriage, that is also considered a marital asset. That includes people who become partners in doctor’s groups or other professional environments.
5. Items inherited during a marriage are not marital assets unless you co-mingle them with the marital funds. If you need to know how to prevent that or require a more detailed explanation, give us a call. Generally speaking though if you inherit money and don’t want it to be a marital asset, open up a bank account in your name only and put the money there.
6. Earnings from 401k or pension plans before a marriage aren’t marital assets, but the day you get married, your spouse has an interest in that money from that day forward.
7. If one of you gets cold feet and calls it off, that can affect who keeps the engagement ring. If you proposed and call it off, the ring is a gift. If you were given the ring and call it off, you have to give the ring back.
8. If you’ve been paying rent on your fiance’s home or helping with the upkeep, you are legally most likely just a tenant.
9. Being on a mortgage or lease payment (like a car for example) doesn’t convey ownership rights if it happens outside the marriage.
10. Getting married or not has nothing to do with kids and custody. That is based on the best interests of the child.
11. While a pre-nup is best, you can always do a post-nuptial agreement.

The hope of course is that you’ll have a long, happy marriage. But it’s always best to be informed and prepared. If you have any questions please call us at 312-346-5320.

Someone I care greatly about is a week away from their 25th anniversary. While they are lucky to have a great marriage, the reality is that around 50% of marriages do end in divorce. Here are 25 things you should know about Illinois divorce law.

1. While there is technically a waiting period to get divorced, if you both want it to happen, it will happen. And if one of you doesn’t want it, the waiting period will be over by the time the case is ready for trial.
2. Divorce is filed in the county you live in.
3. If you just moved to Illinois, you have to be a resident here for 90 days before you are eligible to file for divorce here.
4. An uncontested divorce means you and your spouse agree on EVERY issue there is to agree on.
5. The total cost for a divorce depends on how long it lasts. The longer it takes, the more it costs. So if you can agree on things it will be much cheaper.
6. If one spouse makes a lot more than the other, a petition can be filed to have the higher earner pay the lower earner’s lawyer fees. This is done so the wealthier person can’t abuse the court system.
7. The county will charge a filing fee. It is around $500.
8. It’s illegal for an attorney to handle a divorce on a contingency basis.
9. There is no such thing as alimony in Illinois. We do have maintenance which is designed to help you maintain the lifestyle you’ve grown accustomed to. How long it lasts depends on the case facts.
10. We highly recommend that you hire an attorney who almost exclusively handles family law cases. Attorneys who handle multiple areas of law tend not to do the best job, especially if the case gets complicated.
11. A QDRO is a division of retirement benefits. You should make sure your lawyer handles that as part of the divorce. Too many fail to do it which can cause problems down the road.
12. Things acquired during the marriage are considered marital assets. This includes any businesses started or joined. So if your spouse became a partner in a medical group for example, you’d have an interest in their financial share of that business.
13. Judges generally do not care if your attorney is male or female. Most follow the facts and don’t have crazy biases.
14. Custody can be part of a divorce. There is no such thing as “father’s rights.” That’s just a marketing term. Fathers and mothers have the same rights under IL law.
15. If your spouse has a child with someone else and you did not adopt that child, you don’t have to legally support them.
16. Legal separation means not living together as husband as wife. In other words, you aren’t sleeping together or having sexual relations.
17. You can be legally separated but still live in the same house. That is way more common than you think.
18. Just because a divorce is filed does not mean you have to go through with it. In some cases it’s a great way to get into marital counseling or work out issues that are causing strife in the marriage.
19. If one parent refuses to participate in raising a child, they generally can’t be forced to. That won’t get them out of paying child support however.
20. If your spouse is making you feel unsafe, you can file an order of protection against them which will usually result in them being barred from the marital home.
21. Mediation is a great option to make the divorce quicker and cheaper if you are both interested in resolving any differences. Even doing that though, it’s wise to have an attorney in your corner to protect you and make sure you are thinking of everything you need to know. The mediator is a neutral and can’t give legal advice.
22. A lawyer can’t represent both parties in a divorce. If your spouse says a certain lawyer will handle everything, know that your spouse has an attorney and you do not.
23. The #1 thing you can do in the beginning of a divorce is meet with a lawyer and come up with a list of goals. That could be related to custody, support, property or a lot of other stuff. If you are goal focused that will help you achieve the best result possible.
24. Nobody finishes a divorce and says “that was great,” but if you are goal focused, it’s our experience that you will be satisfied sooner.
25. It’s the job of an attorney to take the emotion out of a situation. They aren’t there to provide emotional support and if they do, you are paying them a really high rate to listen to you and give sympathy. We highly recommend people go to therapy if they are (understandably) emotional while going through a divorce. A trained professional is way better for you than a divorce attorney who probably charges twice as much.

I hope that if you are possibly going through a divorce in Illinois that these tips help. And if you need assistance with a case, please call us for free any time at 312-346-5320.

See also: Alimony, spousal support, maintenance – what you need to know