Divorce Attorneys in Chicago
When can I change the beneficiaries on my pension, health insurance, life insurance or Will?
The law prefers that the status quo be maintained until after the divorce is final. You should not make changes to your pension, health insurance or life insurance while the divorce is pending.
Does the same policy apply to making changes to my Will?
No, a pending divorce in Chicago has no bearing on altering the beneficiaries in your Will. You have the freedom to rewrite your Will prior to your divorce case being finalized.
When is a divorce considered "final?"
Simply put, a divorce is considered final when the judge says so. A judgment of dissolution of marriage, legal separation, or declaration of invalidity of marriage is final when that judgment is entered by the court.
What if my former spouse or I file an appeal after the final judgment?
The divorce remains final, unless an appeal is filed contesting the grounds of the finding or judgment. An appeal filed for a purpose other than the aforementioned does not delay the finality of the judgment which dissolves the marriage. As such, an appeal does not necessarily prevent you from changing your beneficiaries.
How long do I have to wait before my divorce is final?
This answer changes for every divorce because it depends on the circumstances of the particular case, as well as the case load of the court. An Illinois divorce, whether no-fault or at-fault, typically goes through these steps:
- Petition for Dissolution of Marriage by one spouse;
- Serving the other spouse with a copy of the Petition for Dissolution of Marriage ;
- Motions to the court for action orders before trial (i.e. temporary child support, restraining order);
- Discovery, where each spouse gathers information in support of their arguments and financial issues that relate to the family;
- Temporary orders for decisions that cannot wait until the final judgment;
- Settlement, where both parties attempt to come to agreement;
- Trial, but only if both parties cannot come to any settlement agreement; and
- Final Judgment.
In any particular case, the terms of the divorce can shorten the period until the judgment or they may lengthen it. If all terms, such as those relating to Chicago property division, child custody, and maintenance, are readily agreed on, or at least not contested, by both parties, the proceedings will move more quickly and may take as short as one month depending on the court. If no agreement is reached and each party consistently challenges the other, the proceedings will move much slower and may take years. It is always best for everyone involved if a marital settlement agreement is reached as soon as possible.
What if I'm still not sure about the proper time to make decisions and changes for my own life?
Going through a divorce can be very financially and emotionally taxing, especially when issues surrounding beneficiaries arise. In addition, there are state rules and guidelines that determine when it is appropriate to make decisions regarding your own affairs. To avoid confusion and uninformed decisions, it is best to speak with someone who has a critical understanding of divorce-related decisions. At Nottage and Ward, our experienced Chicago divorce attorneys have years of experience working with people through their divorce and then helping them move on with their lives afterward. Call us at 312-332-2915 to let us know how we can help you.
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