A dissolution of marriage can be a difficult decision for a couple. Making drastic changes on your own can present more challenges than one would expect. Concerns related to your home, assets, businesses, and pensions are all worrisome topics that come to mind. Most concerning for many individuals facing a divorce, however, is the dispersion of debt between you and your ex. The state of Illinois recommends that a divorcing couple works together in order to divide their debts equally, however, decisions will be made by the judge if an agreement cannot be reached.      

Marital Debt vs. Non-Marital Debt

Illinois defines “marital debt” as any financial obligation acquired by either spouse after the marriage was finalized, and before the divorce is complete. An example of marital debt could be the amount owed on a credit card that was accrued while the marriage was intact. The court will take certain factors into account to ensure the accuracy of the determination, such as whether or not the credit card was opened prior to the marriage, or whether it is a joint or separate account. Hidden assets are commonly addressed in a divorce proceeding, as well. 

Non-marital debt, simply put, can be classified as financial obligations that are specifically assigned to the person that accumulated the debt. Non-marital debt typically happens before the marriage begins,but there are other ways for a debt to be considered non-marital. Examples of non-marital debt include:

In a divorce, the marital home is a considered a piece of property. As with all property in a divorce, the couple must consider what will happen to the home once the marriage is officially over. Due to its value and the fact that a home cannot truly be divided, divorcing spouses will often need to be creative in deciding how the home will be accounted for in the asset distribution process.

Separate and Marital Property

Under Illinois law, property in a divorce is classified in one of two ways: separate and marital. Separate property is any asset or debt that was owned by one person prior to the marriage. These types of property are generally not subject to division in a divorce, though there may be exceptions. 

On the other hand, marital property is any property or debt acquired during the marriage by either spouse, with limited exceptions for gifts and inheritances to one spouse. In most cases, the marital home is considered marital property.

Many things change after a couple decides to separate. In some cases, one parent may have been a stay-at-home parent before the divorce, but now they must find a new job. When they land a job, they may need to move to be closer, and they will, of course, want to bring their children.

If it is a short distance, the parents should have no trouble relocating with their children. However, in the Chicago metropolitan area, a parent cannot move over 25 miles within Illinois or out of the state without permission from the other parent and/or the court. In other parts of Illinois, in-state moves of over 50 miles require prior permission. 

What Are Some Reasons to Want to Move?

As already stated, a new job may be a reason for the primary parent to move, but it is not the only reason a parent will elect to move. Sometimes, a move is necessary to:

Too often, children believe that a divorce is their fault and that if they had behaved better, maybe mom and dad would not be splitting up. Parents know that this is not true, but these thoughts can lead youngsters down a path of mental disturbance.

This is why having a proper parenting plan put in place is important for children whose parents are  involved in a divorce. As part of a parenting plan, both parents can decide on a schedule for visitation—now called parenting time in Illinois—after the physical separation of the family.

Keeping Parents Involved

Child development experts and mental health professionals tend to agree that is usually best for children of divorce to have both parents continue to play an active role in the children’s lives. There are exceptions, but children who grow up with only one active parent seem to be at a higher risk for:

Child custody is usually an issue between the two parents of the child. However, there are some cases in which a grandparent is considered for custody of the child(ren). In Illinois, custody disputes that are taken into family court are settled based on what is in the child’s best interests. If the judge finds that neither parent is suitable to take custody of a minor, he or she can allocate parental responsibilities to the grandparents.

Cases of this nature sometimes can be found in single-parent households where the sole parent is shirking—or unable to fulfill—their responsibilities for whatever reason. Some divorce cases have also ended with grandparents stepping into the parental role. It all depends on the capability of the parents.

Factors that are taken into consideration when determining child placement include: