Sometimes, a marriage will simply not work out, no matter how hard the spouses try. However, if your soon-to-be ex-spouse is a foreign national, rather than a U.S. citizen, a divorce may have immigration consequences for him or her, which can, in turn, cause difficulties for you for considerations like child support and parenting time. Being aware of the potential issues before going ahead with the proceedings can help smooth things over between the two of you and work out any potential problems.

If Your Spouse Has a Green Card

Most of the time, if your ex-spouse has already applied for and received permanent resident status card—commonly referred to as a “green card”—he or she will be relatively safe from deportation, assuming he or she does not commit a serious crime. Permanent residents are just that, and cannot generally be deported unless there is crime involved. This is one of the major concerns that permanent residency alleviates by law. While a permanent resident will not be deported after divorce, they should, however, be aware that it can restart the clock in terms of how long they will have to wait in terms of applying for citizenship. A green card holder who is married to a U.S. citizen must wait about half as long as one who is not to apply for U.S. citizenship. However, since your spouse will be permitted to remain in the U.S. in most cases, your divorce should be able to proceed as normal.

As one might expect, the allocation of parental responsibilities—the new name for “child custody” in Illinois—is the most hotly contested topic in many divorces. In recent years, changes have been to the laws regarding such proceedings that were aimed at giving divorced parents more time with their children, if they are in a position to take it. The amended laws created what is referred to as the right of first refusal, and there are some common misconceptions, but is generally seen as a help to most parents.

Know Your Rights

The right of first refusal may be included in a divorce decree itself, or it may be part of a parenting agreement worked out between the parties on their own. The right does not have to be granted to either parent, or it may be granted to both parents if the circumstances are appropriate. A court will take several factors into account when deciding whether or not to grant such a right, including:

Travel sites estimate that approximately 20 percent of all U.S. marriages involve destination weddings. They can be an extremely attractive option for many couples, especially if the climate in your hometown is not ideal for the wedding you imagine. However, there can be legal pitfalls if you do not properly research the law in your chosen destination. Symbolic ceremonies are common, but if you plan for your marriage ceremony to be binding and it is not, problems could develop down the road.

What Is Required?

While the specifics will obviously depend on the country in question, many countries require documents which prove that both parties have the ability and the agency to marry. For example, officials may ask for your passport, birth certificate, and a copy of any relevant divorce decree from a previous relationship. It is also possible that they will ask for an Affidavit of Eligibility to Marry or an affidavit of single status. While there is no universally accepted form for this, many consulates do have their own, so it is important to plan ahead.

Many parents have taken steps to provide for their children in the event of their passing. However, it is far less common to have a plan for cases of incapacitation or inability to provide, and this fact can cause significant issues down the road. When a parent becomes incapacitated or unable to take care of their children, things are in flux, and as such, it can be hard to determine what course is truly in the best interest of the child.

Temporarily Assigning Parental Rights

Some cases of parental incapacity are permanent, and some are temporary. If you sustain a physical injury that renders you bedridden, for example, you may be unable to take care of your children until you recover. If you encounter a reason why you are unable to adequately take care of your children, but you either know or believe that inability will not be permanent, it is possible to convey parental rights to another person for a limited time, which qualifies as a guardianship under Illinois law. The state will assume that parental rights default to your child’s other parent, in most cases, unless you specify to the contrary.

Child and spousal support are a part of life for many Illinois residents. Hever, even if the agreement to provide one or both was signed in good faith at the time of a divorce, things change. Child support and spousal support payments may both be modified if you are able to show a substantial change in your circumstances, and while this may seem vague or confusing, the law is fairly clear as to the procedure that must be followed.

Why Is a Substantial Change Required?

For your child support payments to change, your income or living situation must change to the point where the current amount is no longer appropriate. For example, if you had formerly agreed—or been ordred—to pay $200 per month, but then took a substantial pay cut, it could be appropriate to lower your support payments since your income is correspondingly less. To keep payments high when you may no longer be able to afford them is inequitable at best, and at worst, can be devastating to the standard of living for the paying parent.