Lake County and Cook County Divorce Law Blog

When divorce is portrayed in movies and television, it is often a dramatic hearing in a courtroom. While such a scenario does happen in Illinois in real life, litigation can ultimately complicate the process of creating a child custody plan and settling other divorce-related issues. Fortunately, there are ways to reduce the conflict in such proceedings.

When two people end their romantic relationship, they will continue to be linked if they have children together. While many people may think that litigation is the only option to settle such questions, the process often requires a person to attempt to provide potentially damaging information about their spouse. Unfortunately, this can make it difficult for parents to co-parent together in the future.

Many people in Illinois work hard to make the businesses that they own a success. This often involves a great deal of sacrifice -- of both finances and time. If a business owner is married, his or her spouse may also have to sacrifice even if not directly involved in the business. As a result, a business is an important and sometimes complex consideration as part of the property division process if a couple decides to divorce.

In some divorces, a spouse may be entitled to a portion of a business if the business is considered a marital property. The business owner may have to pay the estranged spouse for his or her interest. In some cases, a business might have to be sold to divide it or both spouses may stay involved with the business operations.

Many people in Illinois considering matrimony have many things under consideration as their wedding date approaches. While it may be difficult to think of the relationship ending, creating a prenuptial agreement can often significantly ease the process should a divorce occur. This may be especially important for those who own their own business or expect a large inheritance and want to protect their interests during the property division aspect of a divorce. However, in order for a prenup to be valid, there are several considerations.

First, couples must consider whether the agreements included in their prenup are valid. While this document can include a variety of different financial aspects, it can not determine child support obligations. If unlawful provisions are included, it is possible that the illegal clauses only would be stricken without invalidating the agreement in its entirety.

There is an understandable concern about ensuring the best interest of children during a divorce regarding their living arrangements and a visitation schedule. However, until recently, similar concern has not been extended to family pets. In fact, in the past, pets would more likely be considered more a part of the property division process in Illinois and other states rather than concern about their overall well-being taken into consideration.

The precedent for the treatment of pets was reportedly established in 1995. In a case, a judge ruled that pets are personal property. As such, the judge ruled that courts do not have authority to determine a visitation or custody schedule. However, in the last two years, three states have enacted laws that give judges more discretion in making determinations regarding the best interest of a pet.