Posted on August 13, 2020 in Child Support

Whether you are getting a divorce or you are an unmarried parent, child support is an important concern. Of course, you will want to ensure that your children’s basic needs, including food, clothing, and shelter, are provided for. However, raising kids can often include additional expenses for which you may want contributions from the other parent. When you are negotiating or determining a child support agreement, you should think beyond the basics to consider all of these costs that are necessary to maintain your children’s quality of life.

Special Expenses to Consider in Your Child Support Calculations

When calculating child support obligations, the State of Illinois considers the children’s physical and emotional condition, educational needs, and the standard of living the children could have expected if their parents were together. Ensuring that payments meet these standards often requires the inclusion of more than just basic needs. Other common expenses that can be covered through child support include:

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 Posted on August 06, 2020 in Illinois Divorce

When you make the decision to get a divorce, the financial implications can be just as important as the emotional implications, especially when it comes to your retirement savings. Contributions to a retirement account during your marriage are almost always considered marital property and are therefore subject to division between you and your spouse if you choose to end your marriage. With this in mind, you need to prepare for the possibility that your personal retirement assets will decrease and understand how to properly divide your accounts to avoid excessive tax penalties.

3 Common Types of Retirement Accounts in a Divorce

In an Illinois divorce, 401k accounts, Roth IRAs, and pensions are all considered in the division of assets, but each type of account involves its own unique considerations to ensure the distribution is handled properly.

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 Posted on July 28, 2020 in Illinois Divorce

Deciding to get a divorce is a delicate and difficult matter. It is a decision that usually comes with careful consideration, deliberation, and thought. Although most people do not go into marriages thinking that it will end in separation, in some cases it is for the best. However, the divorce process alone can cause anxiety and uncomfortable feelings. The stress associated with this major life transition can sometimes feel overwhelming and all-encompassing. Acute anxiety may sometimes be helpful when it comes to big projects or public speaking by queuing to the body that there is something important happening, which often makes a person rise to the challenge. On the contrary, prolonged stress is not good for the overall health of the mind and body. The following are some practical tips for managing your emotional and physical well-being during your divorce proceedings

Taking Control of the Situation

The divorce process involves issues such as property division and the allocation of parental responsibilities if you have children, which can be daunting and difficult to navigate at the time. Here are some helpful tips to help your mind and body maintain wellness during the divorce process:

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 Posted on July 21, 2020 in Illinois Divorce

Having a dog is an integral part of many family dynamics these days. Pets are there to offer comfort, provide companionship, give unconditional love, and more. They often become near and dear to the hearts of all family members. You may have heard the saying, “Dogs are a man’s best friend,” but what if they are a woman’s best friend, too? When it comes to divorce and allocating responsibility of the pet, things can become complicated. With more and more families opting not to have children, the custody of the family pet can be an especially important issue in an Illinois divorce.

Pets Are More Than Just Property

The connection to pets runs deep, and it can be traumatic for any dog owner who is faced with the idea of separation. In the past, according to the Illinois Marriage and Dissolution of Marriage Act, the division of a pet was classified under property and treated as such. Some pet owners considered this to be a somewhat cold approach, and therefore they fought to change this. Since January 1, 2018, a new law was put in place that allocated judges to consider the best welfare of the pet when contemplating which spouse should be awarded custody. This new legislation treats the allocation of pets more like deciding the custody of a child rather than the division of property.

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 Posted on July 14, 2020 in Illinois Divorce

Domestic violence is a serious issue that unfortunately affects many people. It is defined as a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. According to the Illinois Domestic Violence law, this occurs when a person hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a household or family member. If you or someone you know is considering leaving an abusive partner, it can take careful planning. That is why it is imperative to hire a skilled divorce lawyer to protect your rights and advocate on your behalf

Create Boundaries and Barriers

Leaving an abusive relationship can seem like an extremely daunting task. Typically, the alleged abuser has convinced his or her partner that they will be unable to live without each other. This is simply not true and is used as a scare tactic to maintain control over the relationship. Getting out of your marriage is crucial in instances when your well-being is at risk. Your first priority should be to seek safety for yourself and your children if you have any

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 Posted on July 07, 2020 in Illinois Divorce

Many struggles have accompanied the COVID 19 health crisis. Whether it be limited access to food, job loss, reduction of income, or isolation, it is safe to say that the past several months have been a hard time for everyone. However, if you are living with your soon-to-be ex-spouse, it can be even more difficult. If the pandemic hit right when you were thinking about getting a divorce, it could be that plans to legally end your marriage have been put on hold for various reasons.

Navigating the Proceedings Together

If you and your spouse are on OK terms, living with one another during the divorce proceedings can be a rather amicable experience. Since going through this pandemic can be a bit stressful, and perhaps isolating, it may be nice to have someone there for the company. But if that is not the case for you, it can be frustrating to cohabitate with someone you do not get along with.

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 Posted on June 29, 2020 in Illinois Divorce

Divorce can require you to do a number of things that you likely never expected when walking down the aisle. If you have children, your primary concerns are probably focused on creating a healthy and fair parenting plan. For those who have a family business, you may be concerned about how this will be divided between you and your spouse. Some of the divorce determinations may be unique based on your family’s circumstances, but one area that every divorce requires to be addressed is the division of marital property. Whether you have been married five months or five years, anything accumulated during that time is considered marital property and must be divided equitably according to Illinois state law. Many couples’ largest asset is the home that they have built together and it can be the most difficult belonging to “divide.” Since an apartment or house cannot physically be cut in half, there are other means that can be taken to determine what is fair.

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 Posted on June 24, 2020 in Illinois Divorce

If you are a parent considering divorce, you probably have a million questions swirling through your head. Who will be the primary caregiver of my children? How often will I see them? Where will my kids live and how long will they be at each house? Imagining carting your children between two homes can seem unfair and difficult, especially for kids who are old enough to have homework, after-school activities, and friends to see on the weekends. It can feel as if their lives are always in transition between one home and another. A recent phenomenon has caught the attention of divorcing parents who might be concerned about this two-home lifestyle for their children. Before making decisions about what will happen to the family home and how your children’s time will be divided between you and your ex-spouse, learn about a new option many families are considering: Nesting.

One Home Sweet Home

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 Posted on June 17, 2020 in Family Law

No one likes to imagine the worst-case scenario, but in some cases, it can be helpful. When a couple gets married, they can choose to plan ahead in case the relationship deteriorates and ultimately ends in divorce. A prenuptial agreement (prenup) is a legally binding document that outlines how various marital issues will be handled should a couple decide to terminate their marriage. In order to be valid, the terms must be put in writing and signed by both spouses. It states who gets the rights to what property in case a legal separation or divorce were to occur. Previously thought to be appropriate only for those with significant assets or in second marriages, prenups have gained popularity in the past few years. However, it is important to understand what elements a prenup can include and factors that could make it invalid.  

What Issues Does a Prenup Address?

A premarital agreement can include several issues and it can be modified at any point during the marriage if a couple so chooses. Any amendment to it must also be in writing and signed by both parties. Spouses can revoke the prenup entirely, but both of them have to agree to cancel it by stating their intentions in writing and signing it.

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 Posted on June 08, 2020 in Illinois Divorce

There is no denying that a divorce can be a complicated process. The legal dissolution of a marriage is not simply signing a piece of paper. Decisions about important issues need to be made, including how a couple’s assets and property will be divided. In some situations, spouses may have complex or high net-worth assets, including a family business. It can be difficult to determine how to handle the company’s ownership after the divorce, especially if both spouses are active in running the day-to-day operations. There are several options when it comes to dividing this intangible asset. Regardless, it is important to hire a knowledgeable divorce attorney to help protect your rights

The Equitable Distribution of a Company

According to Illinois law, marital property is subject to equitable distribution. This means that any assets or property acquired during the marriage will be divided fairly but not necessarily equally in half, or 50/50. Some couples may create a prenuptial agreement to decide ahead of time how to disperse marital assets in case they get divorced. Some couples may choose to sell the business, continue to jointly own it, or buy out their share.

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