For some couples who are ending their marriage on mutual terms, the divorce process can proceed in a more collaborative manner. You both may agree that it is time to end your marriage, and largely agree on how to divide your assets and responsibilities. This is certainly not the case in many divorces, but for those couples who do, an uncontested divorce may be an option.

Benefits of an Uncontested Divorce

Even in an uncontested divorce, a couple must come to a resolution on many key issues, including dividing their marital property and whether one spouse will provide spousal support or alimony to the other. Marital property commonly divided in a divorce can include large assets including retirement savings and the marital home. If the couple has children, they additionally must address the allocation of parental responsibilities, how parenting time will be divided, and how child support payments will be made and at what amount. These do not all have to be decided before you start the process, but it helps when there are no major points of contention.

Here are some benefits to an uncontested divorce:

Losing your job or having your salary cut can present you with several financial challenges. If you have been through a divorce and are providing child support, you may be wondering how you will keep your required payments going. When tough times hit, you do have the option to modify your monthly payments to keep providing for your children while adjusting to your new situation. Working with a knowledgeable attorney who can help you through the modification process is helpful.

Child Support Payment Calculations in Illinois

After a divorce, both parents are responsible for providing for their children. This includes their basic needs like food, housing, health, clothing, and education. During the divorce process, formulas are used to calculate how much each spouse should be providing for child support. The level for each parent is determined by combining their total net income and allocating an equitable share to each parent. While they are primarily based on each spouse’s income at the time, they also consider the allocation of parental responsibilities, the number of children, the previous standard of living before the divorce, and the needs of the children. The parent who spends more time and money caring for the children, known as the custodial parent, will typically receive monthly payments from the non-custodial parent.

Seeking a Child Support Modification

Illinois law allows child support payments to be modified when either spouse has a significant change in income. This includes the loss of a job or an involuntary reduction in salary. You will have to certify your new income, including unemployment benefits and your monthly expenses, with the court. Based on the new calculations, the court may grant a reduction in your required monthly payments. The new payments can also be applied retroactively based on the date you applied for the modification. However, you must continue making payments at the current level until the modification is approved or risk being fined.

Disagreements over finances are one of the leading causes of divorce in the United States. Animosity can only grow if the couple is heading down the road to divorce and one spouse is intentionally spending the couple’s assets wastefully. This practice, known as dissipation, can be considered by the court during the divorce process and impact the final order from the judge.

Dissipation in Illinois Divorce Cases

Illinois is an equitable distribution state for dividing marital assets during a divorce. Rather than splitting a couple’s assets evenly, each spouse will receive the amount that the court decides is fair based on a number of factors. When a spouse is accused of dissipation, they may be trying to waste a portion of the existing marital assets before the division has been finalized in order to deprive the other spouse of that asset. The action does not need to occur during the divorce process but during the time when the marriage has undergone “an irretrievable breakdown.” While it is difficult to stop such spiteful behavior before it occurs, the court can consider those actions when making their final divorce order.

Common Types of Dissipation

Some of the most common ways that a spouse might dissipate marital assets include, but are not limited to:

Substance abuse is a serious problem in many Illinois marriages. Although divorcing couples can no longer cite substance abuse as a cause for divorce, the fact remains that one parent’s substance abuse issues can not only contribute to the breakdown of a marriage, but may also intervene with that parent’s access to their child. Drug and alcohol abuse can affect the allocation of parental responsibilities and parenting time in Illinois.

Allocation of Parental Responsibilities

Couples who share children must create a parenting plan whether they were married or not. Both parents are expected to work together to design an agreement that is in the best interests of a child. An Illinois court must approve a parenting plan, and parents who have a difficult time agreeing may be required to attend mediation.

Substance abuse can interfere with every step of the parenting plan process. Parents who struggle to manage their time, money, and wellbeing because of substance abuse may be unable to attend meetings or negotiate responsibly. When this happens, a court may intervene and decide how to allocate parental responsibilities and parenting time.

Becoming a father is one of the most impactful things that can happen to a man. Fatherhood allows a man to further his legacy, knowledge, and wisdom to future generations through a deeply meaningful relationship with a child, giving both the child and the father an opportunity to grow and learn. Some men are understandably concerned with ensuring that a child is truly theirs before investing so much time and effort into raising him or her.

It can be devastating to discover that a child you thought was yours actually belongs to someone else. When paternity is uncertain, or when you can prove you are not a child’s father, you may want to disestablish paternity and sever your legal obligations to the child. If you are in this situation and want to know more, read on.

What if I Am Married to the Child’s Mother?

When a couple is married and the wife gives birth, the husband is automatically assumed to be the child’s legal father, and disestablishing paternity can be a challenge. If a married father discovers through a DNA test that a child is not his own, he may be able to ask a judge to grant him disestablishment.