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Recent Blog Posts
Does Job Loss Affect Child Support Payments?
It can be confusing going through the process of a divorce. Both spouses need to figure out so many things that will affect them once their lives are no longer lived together. If they have children, they also need to arrange how they will continue raising those children now that they are apart. Some of the aspects that need to be decided refer more to the logistics, including where the children will live and when they will spend time with each parent. Other aspects deal more with finances and covering childcare costs. However, these decisions are generally based on the spouses’ circumstances at the time the divorce is settled. If those circumstances change at some point and either parent is no longer able to meet their obligations, there are court-approved ways to modify the settlement. If you now find yourself out of a job and are concerned you may not be able to afford your child support payments, a knowledgeable Chicago, IL divorce lawyer can review your case and advise you on how to move forward during this stressful time.
Stay-at-Home Parents and Divorce in Illinois
Being a working parent can be challenging. You might feel pulled in two directions between your work life and your home life. If your spouse is also working full-time, it can be extremely complicated to figure out how to juggle all of your commitments. Many parents decide that one of them should stop working and handle the bulk of the household responsibilities, allowing the other to dedicate more time to working and earning a living that the family can benefit from. While this sort of arrangement works for many people, it can make matters complicated if the couple later decides to get a divorce. If you are a stay-at-home parent worried that you will suffer financially if you divorce your breadwinning spouse, an experienced Cook County, IL divorce attorney can walk you through your options and advise you on moving forward.
Dynamics of a Stay-At-Home Parent
So many things need to happen for children to be raised appropriately. They need to have a maintained home, clean clothing to wear, and food to eat. They have to get to school and back, go to doctor appointments, finish their homework and papers, and make it on time for their extracurricular activities. Someone needs to make sure that they have school supplies, team uniforms, and presents to bring when they are invited to birthday parties. None of the above scratches the surface of the various things a parent is responsible for
How Does Uncontested Divorce Work in Illinois?
People getting divorced often cannot get along with each other. As a result, reaching a settlement that includes details about how they will divide their assets and share parental responsibilities and parenting time is often a difficult process. If the two spouses cannot communicate productively, how can they be expected to figure out together how they will continue parenting their children once they split up? However, some couples want to end their marriage even though they are still able to respect each other and appreciate the other’s parenting. In these cases, there is no reason why a divorce has to be a long, drawn-out, acrimonious process. If you and your spouse find that you can agree on things, an uncontested divorce might be an excellent option for you. Speak with a Chicago, IL divorce attorney to get more information and determine how to proceed.
Why a Premarital Agreement is a Good Idea in Illinois
Understanding what makes a premarital agreement such a significant investment is essential for any couple looking to tie the knot. Regardless of whether or not you plan to have a premarital agreement, it is still important to know how they can benefit you and how to go about creating one. How you present a premarital agreement to your partner is up to you. However, an attorney with experience in premarital agreements can help you draft one.
What is a Premarital Agreement?
The premarital agreement is what is most commonly referred to as a prenup. It is a legal agreement signed by both parties before getting married. A prenup will most often cover various issues in the case of a divorce, including:
Legal Separation vs. Divorce: What Is the Difference?
The primary difference between a legal separation and a divorce is that a divorce will allow you to remarry should you choose to do so. Without a divorce to terminate the marriage, the ability to remarry is off the table for both parties. A legal separation also has no time limit, whereas once a divorce goes through, it is final. If you are facing the decision between a legal separation or divorce, an experienced Illinois attorney can help figure out your best option and represent you at trial if necessary.
Advantages of Legal Separation Over Divorce
A legal separation may be the better idea for couples who are unsure if divorce is the final answer. A trial separation is also a possible option but has no legal ramifications. Some couples are profoundly religious but cannot see their differences being reconciled. As such, a legal separation may be their only option. Other couples may find it possible to reconcile, so they do not want to make the break permanent.
Why is Gray Divorce So Common?
Even couples who have spent years locked in holy matrimony can one day have a change of heart. Gray divorce, which refers to divorce over the age of 50, has been on the rise since 1990 and looks to continue that trend well into 2030. This is in large part due to longer life expectancies. Couples of any age looking to divorce should speak with an experienced attorney.
What is Gray Divorce?
Gray divorce is the trend of older couples in long-term marriages who wish to divorce. The couples are usually in their 50s, 60s, or older, and researchers attribute it to a generational divide where the value of marriage differs.
Reason 1: Divorce Stigma
The stigma surrounding divorce is not as prevalent as it once was. Women have more autonomy now, and those who are not so happy within their current relationship are stepping out on their own. Sometimes, older couples simply fall out of love but stay together for the children or because they feel an obligation to the bonds of marriage.
Illinois Divorce Preparation Checklist
Divorce, whether contested or uncontested, can be overwhelming and complicated. The best thing you can do is prepare for it properly. Your attorney will require a few documents to represent you in the best way possible. Having everything readily available is a good idea to help move the process along faster. However, you may also want to consider a few things before you decide to file for divorce.
Before You File For Divorce
If reconciliation is possible, it may be in your best interest to first seek out a marriage counselor to see what can be salvaged. A divorce is final and should only be seen as a point of no return. Following that, get yourself a skilled lawyer experienced in a divorce of your caliber—someone who can handle high-asset divorce, high-conflict divorce, or maybe even collaborative law if applicable.
Understanding the Discovery Process in Child Custody and Divorce
In a nutshell, the discovery process is the investigation phase that follows the filing of divorce or allocation of parental responsibilities. It provides both parties with full transparency of information that neither side may be privy to. Both parties must exchange information about finances, asset values, debts, and other important aspects of the case. A battle-hardened attorney with experience in contested divorce cases is a strong weapon to wield in these situations.
5 Methods of Discovery
The discovery process uncovers evidence and proof for divorcing couples to use in contested issues. There are five methods that an attorney can use for discovery:
- Request for Admissions
- Subpoena Duces Tecum
I Suspect My Spouse is Hiding Assets from Me. What Can I Do?
It is illegal to hide assets when initiating a marriage and during the divorce process. Thankfully, there are many things you can do to sniff out hidden assets and ensure that you receive a fair settlement. You should take quick action to protect your financial interests following a divorce. The best course of action is to talk to an experienced divorce attorney. One who can help you develop a plan to find potential hidden assets and provide evidence of your findings to the court.
What are Hidden Assets?
The simple answer would be that hidden assets are any possessions, money, or other financial benefits that one spouse tries to hide from the other.
When divorcing couples cannot agree on how to divide their assets, the court steps in and decides based on different factors. But some people try to hide or get rid of their assets so their soon-to-be ex-spouse cannot get them in the division. These hidden assets can have a significant impact on how the property is split relatively in the divorce.
How Does Social Media Complicate Divorce?
Social media can be a great way to stay connected with friends and family, but it can also be a source of conflict during a divorce. For example, if you and your spouse are still friends on social media, you may see posts that make you feel jealous, angry, or hurt. This can make it difficult to move on from the divorce and start to heal.
For anyone concerned about how social media may affect your pending divorce, it is important to speak with an experienced divorce attorney. They can help you understand your rights and options, and they can advise you on how to use social media responsibly throughout the divorce process.
How Can Social Media Be Used Negatively?
Divorce attorneys often search social media for evidence that can be used in court. So if your spouse is posting pictures of themselves on vacation with a new partner, this could be used as evidence of asset dissipation. Or, if your spouse is posting about their new job and salary, this could be used to calculate alimony payments.