Sometimes, things simply go bad. It is thankfully rare, but it is not unheard of that someone would have to file for bankruptcy and divorce at the same time. If this happens to you, you may question whether or not to file for both at the same time, or if not, which matter to pursue first. Illinois divorce laws and bankruptcy laws make the answer to that question fairly clear.

Which to File First?

Illinois divorce law and bankruptcy law essentially make filing both petitions at the same time impossible. When you file for bankruptcy, you generally hand over your assets to the care of a bankruptcy trustee for sale or disposition as necessary to pay off your creditors. Once you have commenced a bankruptcy filing, you may not make unilateral decisions about your property. Technically it is no longer yours. Thus, there is nothing for a family court judge to divide.

Nobody get married with the intention of someday ending the marriage. Many people go into a marriage with only the best intentions but then life gets in the way. Circumstances change, people grow and change, children are born, careers end and new ones begin. For most people considering divorce, the marriage did not turn out the way they had hoped it would. But, how do you know when a marriage is truly over and it is time to call it quits? Unfortunately, there is no perfect solution to this problem. Every marriage is different. However, there are some questions you can ask yourself to help you figure out what the best course of action is for you in your unique circumstances.

When you are considering ending your marriage, ask yourself the following questions:

• What are the problems in the relationship and are they able to be fixed? Before you can have any hope of repairing a broken marriage, first you must identify what the issues are. Are you and your spouse in agreement about what is causing trouble in the relationship? Have you considered what your role in those problems are? Once the issues have been identified, consider if there is anything that can be done to resolve them.
• What are your needs in a romantic relationship and are they being met? Stop and think for a bit. What do you need from a marriage? Some people need affection, attention, and a partnership with their spouse while others are more independent. Try not to judge yourself too harshly for your needs or think that you are asking too much.
• What will happen if things continue the way they are? If nothing changes in the marriage, what will be the outcome? Play the tape forward in your mind. How will you feel if in five years the marriage is in the same state as it is now?
• Have you tried everything to save the marriage? Before deciding to end the relationship ask yourself if you have tried everything possible to save it. Have you and your spouse tried couples counseling? Have you tried to make a plan for the future? Are you working on the issues in the marriage?
• Is your spouse willing to help make the marriage work? Marriage takes two people. A relationship will never be successful if only one individual in the equation is trying. If your spouse is unwilling to do the work it takes to repair a broken marriage, you cannot do it for him or her.

Contact an Attorney for Guidance

It used to be that once a marriage had passed a certain benchmark of years, it was considered basically safe from the possibility of divorce. However, in this day and age, numerous social and anthropological factors have combined to make divorce much more of a reality for those over 50. While the reality of divorce itself is much more common nowadays, it is not necessarily the same process for seniors as it is for those in their 20s and 30s. If you are planning to divorce later in life, especially after retirement, there are considerations you must take into account.

Social Security Questions

It is reasonable for one to assume that Social Security benefits would be divisible, as is most other property, in a divorce. This is not actually the case; courts may not divide Social Security income or benefits, because they are considered non-marital property. However, the Social Security Administration does permit spouses (or ex-spouses, in some cases) to qualify for direct benefits based on their spouse’s work history. The criteria for receiving your own benefits based on your ex-spouse’s work history are:

Too often, disabled children, whether they are adults or minors, become points of contention during a divorce. Raising a child with a disability can be quite expensive in in the United States, and while studies show that the rate of divorce for parents of a disabled child is very high, you should never make your child feel as though he or she caused your breakup. It is also important to ensure that your child is cared for regardless of circumstances.

Financial Issues

One of the first priorities that you should have as a parent in this situation is to ensure that your child does not lose the benefits for which he or she has previously qualified. Supplemental Security Income (SSI) and Medicaid are affected by the amount that the person (or their caregivers) makes per month, so if, for example, you are awarded spousal support in your divorce decree that pushes you into a new tax bracket, your disabled child could become ineligible for all or part of his or her SSI. This can be avoided if your divorce agreement is written carefully. Generally, in Illinois, this means establishing what is referred to as a Special Needs Trust, into which the paying parent pays their child support payments. The reason for such stringent rules is because in the eyes of the Social Security Administration (SSA), child support belongs to the child not to the custodial parent.

The most recent data available from the Centers for Disease Control and Prevention (CDC) show that approximately 40 percent of all births in the United States in a given year are to unmarried women. While this was formerly a cause for shame or concern, in this day and age, there is often much less stigma, but children out of wedlock do sometimes require additional considerations to ensure their rights are protected. If you are the parent of a child born outside of marriage, it is important to be aware that there may be extra steps you need to take to protect your child legally.

Paternity and Custody

Many of the major disputes over the rights of children occur when custody or parental responsibilities are in question. With marital children, custody arrangements are fairly straightforward, given that Illinois law grants visitation (parenting time) to both parents unless it would endanger the physical, moral, or emotional health of the child. With non-marital children, there are other considerations—namely, the issue of paternity.