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Four Signs That Your Illinois Marriage May Be Near Its End
Most people go into their marriage thinking it will be their one and only time down the aisle. Nobody plans to get a divorce, but statistics show that is exactly what happens to anywhere from 40 to 50 percent of couples who get married. For some people, divorce can come as a shock. However, divorce often does not just happen overnight; it takes months or even years of cumulative unhappiness and disharmony for most people to move toward getting a divorce. If you are unsure of whether or not it is time for a divorce, there are certain signs that you can look for that may mean a divorce is your best option.
Look for These Signs of Divorce
If you have been unhappy or distressed for some time, it may be time to look into how you can better your life and the lives of those around you. For many people who are unhappy with their marriages and have tried every effort to reconcile, a divorce may be the answer. If you are unsure of the right time for a divorce, here are a few of the most common signs that your marriage may be over:
How Are the Child’s Best Interests Determined During a Contested Illinois Divorce?
When you get a divorce in Illinois, the state requires you and your spouse to submit a parenting plan for any minor children you may have. The ideal option is to come to an agreement with your spouse about how you will handle child-related issues, like parenting time and decision-making responsibilities. However, if you cannot come to an agreement, the court will be forced to make certain decisions about parenting time and decision-making responsibilities for you.
Elements Considered to Determine Your Child’s “Best Interests”
If the court determines that the judge must make certain decisions for you and your spouse concerning your parenting plan, the judge will do so based upon the best interests of your child. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the elements that are involved when making a determination on the child’s best interests include:
What Can I Do If My Parenting Plan Is No Longer Working for My Family?
Parents filing for divorce in Illinois are required to complete additional steps throughout the divorce process. Not only do they create arrangements as a couple, such as dividing their marital assets and determining spousal maintenance, but they must also decide how they will continue to care for their children after the end of their marriage. When creating a parenting plan, divorcing parents consider all aspects of their children’s lives, such as their physical and emotional needs, academic and extracurricular schedules, and more. But what about the changes that are bound to happen in the child’s life? How can a parenting plan be prepared for the unexpected?
Parenting Plan Modifications
The Illinois court system recognizes that divorce agreements do not always last the tests of time, especially when it comes to parenting plans. Within a parenting plan, divorcing parents will designate parenting time, the allocation of parental responsibilities, and child support. Parenting time outlines where and when the child will be living with each parent while the allocation of parental responsibilities states what decision-making capabilities each parent has. All of these decisions are made in the best interests of the child and should reflect that moving forward. If you find that certain parts of your parenting plan are not working, you are able to update your plan in a process known as post-decree modifications. For those who completed their divorce outside of a courtroom, you and your co-parent will need to reconvene with the help of your attorneys to make these adjustments. For those who had a trial divorce, a judge will need to listen to your requests and make decisions on your behalf.
Child Custody Considerations When Parents Live in Different States
In most cases, children’s parents who are not married try to live near each other to remain in their child’s life and maintain a good relationship. Some families, however, do not have both parents living in the same state. Maybe one parent had to relocate for their job or perhaps the parent moved out of state before realizing that they were having a child at all. Regardless of the reason behind the state spread, both parents continue to have rights and responsibilities over their child. Parents who are unmarried should have a parenting agreement created to ensure that these rights and responsibilities are outlined and have legal backing by a court of law. In cases like these, which state takes on the role of creating and enforcing child custody arrangements and parenting plans?
Where to Search for Hidden Property in a High Asset Divorce
For some couples, the process of dividing marital assets during a divorce may not require much consideration. Families with only a few large assets, such as the marital home and family cars, can divide their marital property by allocating the family home to one spouse and giving the remaining large assets to the other. But what about families who have a bit more in the bank? The property division process requires additional consideration when the financial stakes are higher. Despite Illinois law requiring the equitable distribution of assets, many divorcing couples with a large portfolio of assets can, unfortunately, attempt to conceal a portion of their property and set it aside for themselves.