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How Can I keep My Divorce in Illinois Private?
The stakes are always high in a divorce, but the process can become more contentious and overwhelming if the spouses are in the public eye. Public figures or people with a high net worth may have individuals, newspapers, and bloggers interested in publicizing the details of the divorce, including private information about their income and children. In this day and age, the end of someone’s marriage can sell more newspapers or increase blog traffic. If you are worried about the public knowing about your marriage and divorce, there are strategies to keep the dissolution of your marriage private. For more information on maintaining privacy during a divorce, contact the experienced Naperville divorce attorneys of Fay, Farrow & Associates, P.C. at 630-961-0060.
Open to the Public
Divorce proceedings are generally public records because of Illinois common law and the First Amendment. On these bases, Illinois created 705 ILCS 105/16, which states all records kept by the clerks of the circuit courts are deemed public records and can be inspected without fee by all persons. If you do nothing to protect yourself during a divorce, the complaint, motions, and discovery documents filed with the court will be available for anyone who requests to see the case file. However, certain personal and financial information like bank account and Social Security numbers are not public.
The Basics of Getting a Divorce in Illinois
No one heads into a marriage intending to end it at some point down the road. But for many spouses, taking separate paths is the best option for themselves and their family. When it comes time to seek a divorce, individuals in Illinois must look to the Illinois Marriage and Dissolution of Marriage Act. This law, which was updated at the beginning of 2016, explains when and how someone can ask the court for a divorce and how collateral issues like parenting time and responsibilities are determined. For answers to your divorce questions, do not hesitate to reach out to the DuPage County divorce attorneys of Fay, Farrow & Associates, P.C. for a free consultation.
Here are answers to a few basic Illinois divorce questions:
Do I need a reason for my divorce?
No, Illinois allows divorce on the basis of irreconcilable differences. There used to be options for fault and no-fault divorces, but the new act simplified the process. Now, spouses merely need to agree that they have irreconcilable differences, or live apart for a continuous 6 month period prior to the conclusion of the divorce. A 6 month separation period provides a presumption that there are irreconcilable differences and that any attempt at staying together would not be in the best interests of the family. There is no longer a mandatory 6 month separation period to be granted a divorce based on irreconcilable differences.
How Long Do Maintenance (Alimony) Payments Last In Illinois?
Depending on the circumstances, many people understand they will more than likely end up paying or receiving maintenance (alimony) once their divorce is finalized. However, these same individuals may not have a clear idea of exactly how long these payments go on for after the marriage is over. Although every case is different and the set of circumstances unique, there are a few guidelines that can help people going through divorce understand how long maintenance payments last in Illinois.
One of the biggest factors in determining how long maintenance payments will last will most likely be the type of alimony the court deems appropriate for the receiving spouse. The alternative is for couples to reach a settlement between the two of them to decide the amount and duration on maintenance payments without the courts deciding.
Types of maintenance payments in Illinois
How Long Does Divorce Take in Illinois?
The idea of divorce often conjures up thoughts of protracted legal battles, extended periods of strife between spouses, and bitter custody disputes over children. Divorce is often seen as an extremely expensive endeavor where each side battles as hard as possible to prevent their ex-spouse from receiving the lion’s share of the marital property.
While it is true that some couples end up going through messy divorces because they fail to agree on the issues of maintenance (alimony), allocation of responsibilities for the child (custody), support, and who gets the house and car, the reality is that it doesn’t necessarily have to be this way. Where old Illinois divorce laws once set the stage for prolonged divorce proceedings, new 2016 Illinois divorce law changes have made it easier for couples to amicably divorce and go their separate ways.
What Are My Rights As A Mother In Illinois?
It goes without saying that mothers are vital to helping our society nurture, teach, and prepare children for the future, and the love and compassion mothers provide children is invaluable for their emotional development. Because the bond between mother and child is so strong, almost every mother in an allocation or custody dispute wants to fight as hard as possible to retain physical possession of her children and ensure their best interests are fulfilled.
During Illinois child custody or allocation disputes, many will ask “what are my rights as a mother in Illinois?” The answer to that question varies depending on the marital status of the mother. Unmarried women with children are afforded different rights under Illinois law compared to married or divorced women with children.
Even with these distinct classifications, each situation is unique and can have differing outcomes. Speaking to an experienced and dedicated Naperville family lawyer about their case can help mothers better understand the legal aspects of their situation and assist their attorneys in preparing a strong case.
Who Gets the Dog After a Divorce?
Dogs, cats, and other pets are wonderful additions to families and are often considered “children” by some of their owners. A person going through divorce may want to do everything in his or her power to ensure the dog stays with him or her after the marriage is officially dissolved.
All of this begs the question as to where the law comes down on how to treat dogs and other pets during a divorce. The answer may shock you. Courts treat pets as any other piece of property couples need to divide during a divorce, even if they are living, breathing, furry property.
That being said, there are some courts that take a more compassionate stance on the issue of where the pets end up after a divorce but at the end of the day, they are legally defined as property. With a little understanding of Illinois divorce laws, individuals going through a divorce can get a better grasp of what to expect for their pet when seeking a dissolution of marriage.
Allocation of Parental Responsibilities Now Replaces “Child Custody” In Illinois
New laws have taken effect in Illinois that replace certain definitions concerning family law and how divorced, separated, or otherwise unmarried parents spend time with their children. Senate Bill 57 became law as of January 2016 and contains significant changes about how and when visitation is allocated, which may affect you.
To start, terms like custody, visitation, and access have been removed from the lexicon of family law courts and have instead been replaced with the terms “allocation of parental responsibilities” and “parenting time.” By changing the language used by parents, lawmakers hope to foster a higher degree of cooperation between parents as they raise their children in separate households.
Under the new law, neither parent is designated as the “residential custodial parent” however, a parent may be designated as having the residence for the school district where the child may attend school. The changes also do not automatically grant equal time amongst parents. What is important to understand is that the courts give parents opportunities to work out these arrangements with each other before the court becomes involved.
Calculating Maintenance (Alimony) Payments In Illinois
In January 2015, amendments to Section 504 of the Illinois Marriage and Dissolution of Marriage Act went into effect, which provide a streamlined process for calculating alimony payments. This recent change to the law provides guidelines for calculating maintenance in households earning a combined income of $250,000 or less per year.
If you have already agreed to a maintenance support payment schedule with your spouse before the law went into effect, you may not be able to change the maintenance amount or duration solely by virtue of the new law. However, with the aid of an attorney you may be able to petition the court to modify the maintenance payments should certain circumstances arise.
2016 Illinois maintenance payment calculator
Do I Still Have To Pay Child Support If I Lose My Job?
Under Illinois child support laws, parents are often required to make child support payments to provide for their children that live with the other parent. Unfortunately, with the tough economic times many face, retaining a well-paying job and making the required child support payments can be harder than ever.
If a parent is unable to make child support payments due to decreased hours or the loss of employment, he or she has options available to temporarily modify child support payments. Parties in these situations need to understand the proper steps to be taken to modify the support payments in court. Unilaterally modifying support payments without a court order could lead to an overwhelming backlog (arrearage) of payments, a finding of contempt, or even jail time.
Modifying child support payments during unemployment
When someone loses income, the very first move he or she should make is to consult with an attorney to ensure that a petition to modify support is swiftly filed with the court. Modifications of support cannot be made prior to the date of filing the petition to modify support.
Impact Of Social Media On Divorce Proceedings
As our world becomes more interconnected through technology and the internet, the prevalence of social media being used in divorce proceedings has increased drastically. More and more, divorce attorneys and their clients use information gathered on these types of sites to work towards their advantage.
Social media content can be used as evidence in divorce proceedings, so it is important to be mindful of what is posted. Judges often take this evidence into consideration to either corroborate or contradict a factual allegation made by a party to the divorce.
Should I shut down my Facebook account while going through a divorce?
When going through divorce, parties should strongly consider suspending their use of social media sites, particularly Facebook, until the proceedings are finalized. Even after a divorce is concluded, one party may be able to use certain information like photos and status updates to ask for modifications to maintenance, child support, parenting time or allocation of parental responsibilities.
Results listed are not a guarantee or indication of future case results.
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