Getting a divorce can be difficult for anyone, but these situations can become much more complex for couples who have children. In addition to separating their lives from each other, parents will need to make decisions about how they will share in the responsibilities of raising their kids, and they will also need to create schedules detailing when children will live in each parent’s home or spend time with them. Coming to an agreement on these issues is not easy, especially when a couple’s relationship has broken down to the point where they have chosen to end their marriage. However, whether a divorce is amicable or contested, it is often best for parents to do everything they can to work together and determine how they can put their children first. This will allow them to create a parenting plan that will provide them with a full understanding of how child-related matters will be handled going forward.

What Is Included in a Parenting Plan?

Illinois law states that the divorce decree of a married couple who share children will need to include a document known as a parenting plan. This agreement will fully detail how the parents will share in the allocation of parental responsibilities, including each parent’s authority to make decisions about children’s education, healthcare, religion, and extracurricular activities. The parenting plan will also include a parenting time schedule that determines when children will stay in each parent’s home or spend time with a parent. In addition to an ongoing, daily schedule, the parenting plan will also specify how parents will divide holidays and vacations, and it will also detail transportation arrangements for children and rules about when and how a parent can communicate with children during the other parent’s parenting time.

A parenting plan may also include:

When a will is filed with the probate court, it becomes public record. Anyone who so wishes can view the contents of a will once it has been submitted to probate. This means that everyone from a disinherited relative to your beneficiary’s creditors can see to whom you have left money or property - as well as how much or what assets. This can sometimes place beneficiaries in an uncomfortable or legally risky position should someone seek to contest the will. By using a trust, however, you can keep your family’s inheritance private. A qualified estate planning attorney can give you more information about protecting your family’s privacy and preventing conflict by using a trust. 

Who Can See My Trust Documents? 

It is only when a will is filed in a probate court that it becomes public record. Unlike a will, a trust does not need to be filed in any court. There is ordinarily no judicial involvement needed when a trust is used for testamentary purposes. Under normal circumstances, the only people with access to view your trust document should be your named beneficiaries, your successor trustee, and others you have elected to involve in the management of the trust. 

How Does Privacy Prevent Conflict?

It is very difficult to bring a challenge against a document you do not have access to. A disappointed survivor can examine a will itself in an effort to find some shortcoming that could provide a ground for dismissing the will. However, a survivor who feels snubbed cannot even see the trust and may have a much more difficult time contesting your estate plan. 

Divorce is hardly ever a pleasant affair. Even amicable divorces can be challenging on a number of levels. However, when a couple is able to settle the issues surrounding their divorce through negotiation or mediation, it can save them time, money, and stress. Unfortunately, this is not always possible. Uncontested divorces require a level of cooperation and reasonableness from both spouses that is not always achievable. 

Although divorce litigation can be difficult, there are a handful of reasons it may become necessary. If you anticipate that your divorce will be contested, it is especially important to seek out strong legal representation. You will need a knowledgeable advocate to protect your interests during this conflict. 

Why You Might Go Through Divorce Litigation

It can be immensely frustrating when all you want is to resolve your divorce as quickly and easily as possible, but your spouse is making that impossible by behaving unreasonably. When you cannot reach an agreement, it may be necessary to go to court and ask the judge to make decisions instead. Major reasons spouses end up contesting their divorces include: 

Sometimes known as “alimony,” the issue of spousal maintenance can lead to conflict during a divorce. If you gave up a career or educational opportunities in order to devote yourself to the marriage by raising children or running the household, you may be eligible to request and receive spousal maintenance during a divorce. Divorce law can be complicated, and every divorce comes with stress, and it may be in your best interest to have a family law attorney representing you in your Illinois divorce. 

Who Qualifies for Spousal Support? 

The court’s goal in awarding spousal maintenance is to make sure both parties will be able to maintain their standard of living and to avoid a situation where one spouse is suddenly unable to meet their needs. Either spouse can ask the court for spousal maintenance, regardless of gender. In situations where both spouses worked for pay during the marriage and would be able to support themselves alone, the court is unlikely to order spousal maintenance - even if one spouse outearns the other. However, the court may consider each spouse’s respective financial needs when dividing other property. 

What Does the Court Consider When Deciding on About Maintenance? 

There are a number of factors the court will take into consideration when deciding whether spousal maintenance is appropriate during divorce proceedings. In general, the court will consider each spouse’s needs, earning ability, and contributions to the marriage. Some of these factors include: 

When a couple marries, they combine their personal lives and their financial lives. Reversing this entanglement during divorce can be quite complicated – especially when spouses have a high income or own complex assets and investments. If you are getting divorced, it is important to prepare for the property division process. The better informed you are about the legal and financial obstacles you may face, the better position you are in to face these challenges head-on.

Determining What Property is Marital and What is Non-Marital  

Marital property includes assets and debts that were accumulated during the course of the marriage. Save for certain exceptions including property obtained through inheritance or gift, any property acquired by either spouse during the marriage is considered to be marital property. Non-marital property, sometimes called separate property, belongs only to one spouse.

If you and your soon-to-be-ex do not have a valid prenuptial agreement or postnuptial agreement specifying what property is marital property and what is non-marital property, determining the identity of assets may be complicated and frustrating.