While some people who get married may be doubtful that the marriage will last, the expectation for nearly all couples who marry is that their marriage will last a lifetime.

However, the reality of marriage in America is that more than 22 percent of first marriages end in divorce within five years, and 53 percent of marriages dissolve by the 20-year mark, according to the latest available data from the government. No matter the length of a marriage, one common issue that often arises during divorce is how to handle the division of marital property.

What Constitutes Marital Property?

The first question to determine when addressing property division is what is considered marital property as defined under Illinois law. The law defines marital property as “all property acquired by either spouse subsequent to the marriage.” Examples of common marital property include physical possessions such as homes, automobiles, and other assets of value. Marital property also includes monetary assets such as retirement accounts like 401(k)s or IRAs, pensions, stocks and bonds, and life insurance benefits.

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In Illinois and in many other states, it can seem like the odds are stacked against fathers in family law cases. Judges in Illinois have been instructed to not hold one parent in higher regard than another – therefore, in theory, this means that a father has the same parental rights as a mother. In practice, however, things often turn out differently.

While mothers often take the lead in caring for children, fathers also play a critical role in their development. Studies now show that children who have fathers or father figures involved in their lives tend to do better in school and chart a better path to success in life. Fathers also often act as caregivers, nurturers, and disciplinarians, providing invaluable love and support throughout the childhood years and beyond.

Evolution of Parental Rights

As a result of these studies, Illinois family law has evolved over time to give men more opportunities to enforce fathers’ rights while scaling back the traditional presumption that a mother would be the better caregiver. This fact notwithstanding, an Illinois father must still do more to fight for his parental rights. For example, when a father signs a Voluntary Acknowledgement of Paternity (VAP) – a form recognizing him as the child’s legal father – that form specifically states by signing the form, the father is given no rights to parental responsibility or parenting time. This means the father must pursue separate legal action to address these issues.

Father’s Rights to Parenting Time and Parental Responsibility

When a father seeks decision-making responsibility (formerly known as child custody) and parenting time (formerly known as visitation), the judge who hears the case will consider what is in the best interests of the child when making their decisions. There are many factors the judge looks at in reaching the best decision about the case, including the wishes of the parents and the child and the parents’ history of caring for the child and making decisions about how to raise the child.

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Arguments over finances can be one of the major causes of a divorce. One spouse might be a saver, and the other spouse might be a spender. Over the course of a marriage, this can lead to a great deal of conflict and ultimately ruin the relationship. If you think your spouse is acting irresponsibly through excessive spending or damaging marital assets, you can ask the court to issue a financial restraining order. This type of restraining order temporarily freezes some of the marital assets to ensure that they will not be wasted.

What Can a Financial Restraining Order Stop?

A financial restraining order freezes the marital assets for both sides. For example, if your spouse is barred from selling off any marital property, you will also be prohibited from selling off any of the property, unless you receive permission from the court. A typical order lasts 10-30 days, but it can be extended as long as necessary in order to protect the marital property, such as until the court issues a final order to divide the property.

A financial restraining order can often forbid other activities, such as:

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It is very common for a member of the Armed Forces to be away from their home and family for long periods of time. This can be hard on a marriage, whether one or both spouses are in the military. Even after his or her tour ends, a veteran can develop post-traumatic stress disorder (PTSD), which can have a large impact on his or her personal relationships. All these things can lead to a couple growing apart and eventually divorcing. A military divorce can involve a number of special considerations, since a member of the military is employed by the federal government, which can affect child support, retirement benefits, and more.

State and Federal Divorce Laws

Under Illinois law, a person can only file for divorce if he or she is a resident of the state. However, a person who is in the military and is not in the state or country due to military orders is generally still considered a resident of Illinois. For instance, if a soldier who normally resides in Illinois is sent to Italy on military orders, he or she can still file for divorce in Illinois.

The Illinois Marriage and Dissolution of Marriage Act requires at least one of the following:

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Many couples fight about finances throughout the course of their marriage. Money issues and especially debt can wreak havoc on a marriage, and in many cases, financial concerns can be a significant factor in the decision to get a divorce. Sometimes, one spouse will rack up huge amounts of credit card debt without the other spouse even knowing. Divorcing couples may wonder what will happen if one or both spouses have incurred a large amount of debt. Illinois divorce laws allow for equitable distribution of marital property, and this includes the division of debts. However, exactly how marital debt is to be divided depends on each situation, since every divorce is unique.

Marital Assets and Debts

Marital debt refers to any debts that a couple accumulates while they are married. These debts may include a mortgage, credit cards, vehicle loans, and student loans. During divorce, marital debts will be divided between the spouses according to Illinois’ equitable distribution laws. Credit cards, even if they are only in one spouse’s name, are still considered marital debt that the court will divide.

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