Prenup in Illinois: Understanding the Benefits and Legal Implications
The Role of Prenups in Illinois Marriages: Clarifying Financial and Legal Responsibilities The Role of a Prenup in Illinois Marriages A prenup in Illinois can be a vital component of a marriage, providing both clarity and protection for the spouses involved. While marriage is often viewed as a romantic partnership, it also entails significant financial […]
Facts about Spousal Maintenance in Illinois
Spousal Maintenance
Can You Divorce Away Marital Debt?
Dividing marital debt can be one of the most challenging parts of the divorce process, as spouses often disagree about who should be responsible for debts like mortgages, loans, and credit card balances. Determining if the debt is marital or separate is the first step, with debts acquired during the marriage typically shared, regardless of whose name is on the account. If an agreement can’t be reached, a judge will divide the debt based on factors like asset distribution, marriage duration, and each spouse’s financial situation.
Is a Postnuptial Agreement Right for You?
If you have gotten married only to find out your financial situation is more complicated or lacks stability and protection, you are not alone. Many people do not fully understand what their new finances and property ownership look like until after they enter into a marriage. When people find themselves in this position, they may […]
Dating and Divorce
Dating and Divorce can be complicated, especially when legal proceedings are still ongoing. While dating after separation isn’t illegal, creating an online dating profile too soon may impact divorce negotiations, especially in contentious cases. Profiles can also be used as evidence in court, potentially complicating matters like custody, support, and alimony if they raise questions about your personal life or relationship status.
Mediation Versus Litigation When Divorcing
Mediation offers divorcing couples a way to reach agreements on property division, child custody, and support payments outside of court. This process, led by a neutral third party, can result in amicable resolutions, with studies showing success in 50 to 80 percent of cases. However, in more complex situations, or if mediation fails, consulting an experienced family law attorney is crucial for achieving a fair outcome.
How to File for an Annulment under Illinois Law
When you file for an annulment, you’re requesting that the court declare the marriage invalid, meaning it is treated as though it never existed, unlike a divorce which ends a valid marriage. In Illinois, specific criteria must be met to qualify for an annulment, including lack of mental capacity, impotence, underage marriage without consent, or cases of an illegal marriage. Filing deadlines depend on the grounds for annulment, so consulting an attorney is crucial to determine eligibility and to file within the required time limits.
Divorce Study: Does the End of Summer Bring Spike in Divorces?
Divorce Study findings suggest that divorce filings tend to spike as summer ends and fall begins. Conducted by the University of Washington, the study analyzed divorce filings from 2001 to 2015, revealing peak months in March and August. Researchers believe that couples may delay divorce until after family-oriented holidays or vacations, as these periods often highlight existing issues or prompt couples to reassess their relationships.
Covering All QDRO Bases in a Divorce
A QDRO (Qualified Domestic Relations Order) is crucial in divorce cases involving retirement assets, as it specifies how funds will be divided between spouses. In one case, a husband assumed his ex-wife’s share of his pension would revert to him upon her death, only to find that the funds would instead go back to the pension plan. This case highlights the importance of including clear provisions in QDROs for unforeseen events, such as the death of an ex-spouse before retirement, to avoid costly legal battles.
Children of Divorce: Navigating the Anger and Fear
Children of divorce often experience heightened anger and fear, especially when caught in the middle of parental conflicts. In complex divorce cases, children may feel like pawns or act out in various ways as they struggle with the situation. A knowledgeable family law attorney can help protect your relationship with your children, ensuring their needs are prioritized and the divorce process is as smooth as possible.
Protected by a Prenuptial Agreement
A prenuptial agreement can provide valuable protection for personal assets in marriage, especially when financial matters are complex. By detailing each spouse’s assets beforehand, a prenuptial agreement ensures that belongings stay with their original owner in case of divorce. Consulting a knowledgeable family law attorney can help you draft an agreement that meets your needs and safeguards your financial future.
Money over Marriage: Financial Implications of Divorce
Financial Implications of Divorce are significant, as couples often realize that dividing assets and income isn’t as straightforward as they might expect. With nearly half of marriages in the U.S. ending in divorce, financial issues like equitable distribution of assets can become complex and contentious. Working with an experienced divorce attorney can help ensure a fair division of property, taking into account factors like the length of the marriage, each spouse’s contributions, and future financial needs.
High Asset Divorce: Planning Your Strategy before You File
High asset divorce cases require thorough planning to protect your financial future. Gathering key financial documents and understanding your legal rights can help you secure a fair settlement, especially if you’re a dependent spouse. Consulting with an experienced attorney will ensure that your current needs and long-term goals, such as retirement and career advancement, are carefully considered throughout the divorce process.
Behavior During Divorce
Behavior during divorce can significantly impact the outcome of your proceedings, so it’s essential to avoid actions that might harm your case. Engaging in destructive or illegal behavior, whether in public or private, can lead to less favorable legal results and may be used against you in court. Maintaining a calm, respectful demeanor can help you navigate this challenging time more effectively, ensuring that your actions align with your long-term interests.
Common Reasons for and Predictors of Divorce
Predictors for divorce often extend beyond infidelity, with studies indicating that marrying for the wrong reasons—such as financial support, societal pressure, or shared children—is a leading cause of marital dissolution. Another significant factor is the inability of one or both partners to maintain a sense of personal identity, leading to codependence and relationship dissatisfaction. Additionally, small, contemptuous behaviors like eye-rolling, criticism, and defensiveness can erode trust and connection, often signaling a marriage in trouble.
Financial Security after Divorce
Financial security after divorce is essential to ensure a stable, independent future, especially if you were not the primary breadwinner. Establishing a post-divorce financial plan, which includes setting up separate bank accounts, building credit, and opening insurance policies, can help you navigate this new chapter with confidence. This is particularly vital if you have children, as budgeting for their needs on a single income may require careful financial adjustments and planning.
Reasons to Hire a Divorce Attorney
A divorce attorney can be invaluable in navigating the complexities of divorce, from finances to co-parenting arrangements. If you’re experiencing irreconcilable issues in your marriage and ready to proceed, an attorney can ensure your needs are met, acting as a buffer in difficult cases and facilitating a fair outcome. Additionally, a skilled attorney will guide you through court processes and handle the essential paperwork, helping to secure the best possible result in your case.
Understanding Military Divorce Finances
Military divorce finances require special considerations, as factors like the division of military benefits, child custody across bases, and retirement distribution can complicate the process. Unique to military divorces, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows military pensions to be treated as marital property if specific requirements are met. Understanding these regulations and planning accordingly can help both parties navigate the financial aspects of a military divorce more effectively.
Marriage Breakdown: When Divorce Is Inevitable
Marriage breakdown can be a painful experience, often making it clear when divorce is the best path forward. When attempts to repair a relationship only intensify conflict or resentment, letting go gracefully may be the healthiest option. Signs that a marriage is beyond repair include chronic arguments, repeated infidelity, or fundamental incompatibility in lifestyle or values, making it difficult for both spouses to find mutual happiness.
The Emotional Divorce Process
The emotional divorce process can be overwhelming, filled with ups and downs, and may not always go as expected. Even if you were prepared for the split, the reality of changes in friendships, social dynamics, and daily routines can bring unexpected challenges. Setting up a personal financial plan and having a support system in place can help you manage the emotional toll and ease the transition.
Understanding Marital Property
Marital property includes assets acquired during a marriage that may be subject to division in a divorce. This can encompass a range of possessions, from the family home to jointly started businesses or vacation properties. Generally, any property bought or gained while married is seen as shared, though certain exceptions exist, such as personal items delineated in prenuptial agreements. The division of assets can involve complexities, particularly when the value of previously owned assets increases over the course of the marriage. Working with a knowledgeable family law attorney is essential to navigating these nuances and ensuring a fair distribution.
Financial Aid and Paying for Your Child’s College Tuition after Divorce
When parents go through a divorce, they often fail to consider the long-term financial aid implications, like paying for a child’s college tuition. Remarriage and other life changes can further complicate matters, making it difficult to know how to navigate the financial aid process or determine how much responsibility each parent may have in covering any remaining tuition expenses. Before you file, consider the following tips and strategies for effectively managing your child’s education.
Preparing Financially for Divorce
In the middle of divorce, financial decisions are among the most difficult and complicated to make. In the past, when a couple was divorcing, it was often the woman who ended up without anything, especially in states where there was no equal distribution property law and the woman did not work outside the home. These days, […]
Pet Custody in a Divorce
When you are entering the beginning stages of divorce, determining the separation of marital assets, including large ones such as the family home, and deciding on groundbreaking, life-altering things like child custody obviously take precedence. As such, other major life-altering decisions can sometimes get pushed to the back burner. One of these decisions is pet custody […]
Divorce Finances: Protecting Yourself Financially after a Divorce
Because a divorce can be such an emotionally draining experience, it is natural to breathe a sigh of relief after it is over. However, even after a divorce there is still important work to do. You need to take steps to protect your financial future. Check Your Accounts Often in a divorce there is a court order […]
Study Focuses on Impact and Prevalence of Parental Alienation after Divorce
Although the family laws in Illinois have changed, there is still great risk of parental alienation after divorce – a process in which one parent negatively influences their child’s relationship with the other parent. Sadly, there is a severe lack in data on this common issue; to rectify this, Colorado State University researchers have initiated a study […]
Division of Assets during a Divorce
All couples — even those that are not planning on divorcing — should prepare their assets and investments in a way that they can be fairly divided. If, however, you did not manage your finances and are planning on divorce, know that you are not alone. Many couples miss this important aspect of financial planning. The […]
Causes of Divorce: Three Argument “Mindsets” That Can Destroy Your Marriage
Every marriage has its ups and its down. Most even have their share of arguments. But what you say in an argument can make all the difference when the dust settles and things go back to normal. So, before you hurl words, consider if what you are saying falls into one of these three “mindsets” […]
How to Create a Prenuptial Agreement That Works
Prenuptial agreements can help protect your assets and business if your marriage ends in divorce. However, if you do no set up the prenuptial agreement correctly, you could run into serious legal issues. The Timing of the Prenuptial Agreement A prenuptial agreement must be executed before the marriage. It is possible to have a postnuptial agreement […]
Division of Property: Ramifications of Moving out of the Family Home during Divorce
When you are going through a divorce or approaching the beginning of marital dissolution, the separation of family items and assets can be both one of the most emotionally difficult and legally contentious part of the process. The family home – usually part of the division of property negotiations – is one of the most important assets […]
Asset Division: Marital and Non-Marital Property
Many, if not most, couples share their property and income after they are married. However, there are some reasons why you might want to keep some of your property separate even after you are married. How Illinois Views Marital Property Illinois has a broad view of marital property. With a few exceptions, anything that is acquired by […]
How a Simple Divorce Turns into a Complex Divorce
A surprising number of people believe their divorce will be simple. However, many divorces turn out to be much more complex than people expect. Often the process of filing for divorce brings to the surface buried resentments and previously unknown facts. When a divorce becomes complicated, you need a skilled divorce attorney to help you through the […]
Sexual Issues a Common Cause of Divorce
While it may seem like a no-brainer, examining sexual issues and sexual compatibility is essential when you are considering divorce. Several marriage therapists and couple’s counselors report that troubles in the bedroom are some of both the most common reasons and the most common consequences of a marriage headed toward divorce. These sexual issues are, in […]
Health Insurance after Divorce
Healthcare has been a trending news topic for several years now, with the passage of Obamacare and the extension of insurance policies for millions of uninsured Americans. So if you are headed for divorce and have to reconsider what type of health insurance plan you will enroll in, it may be last on your list of things […]
Child Custody Issues Still Present in Same-Sex Marriages and Divorces
Although same-sex marriages have now become legal in all 50 states, gaps still exist in how child custody issues are handled in same-sex marriages and divorces. This makes it crucial for same-sex couples to discuss and understand the potential issues they may face in the event of a divorce in Illinois. And, when going through one, they […]
The Importance of a Prenuptial Agreement
There’s nothing in a fairy tale romance about a prenuptial agreement, and many couples shy away from drawing up this important legal document before marriage in an effort to avoid the perceived stigma of a prenup — “we only need this if one of us will be cruel or unfair in the event that our marriage […]
Reevaluating a Shared Parenting Plan
Divorce is never easy. When there are children involved, deciding the specifics of divorce agreements and settlements can be even more difficult. In 2016 in Illinois, child custody laws will change to reflect parental responsibility instead of custody: As society changes from a traditionally male-dominated workforce, and more and more divorced parents choose joint custody and shared […]
Preparing for Divorce: Getting Finances in Order
Finances during marital dissolution can be one of the most difficult aspects of the process, and many people fail to take appropriate steps in order to maintain financial security after the divorce is finalized. The most important step to finding financial stability after divorce is to speak with a qualified family lawyer, who can help you to […]
Joint vs. Sole Custody During Divorce
If you are facing divorce and have children, determining who gets custody can be the most difficult part of dissolution agreements. There are two types of custody — joint custody and sole custody. If both you and your ex-spouse are present during the divorce, determining the specifics of a joint custody agreement will likely be part of […]
Life after Divorce: Forgiving Yourself the “Failure” of Divorce
Dealing with divorce is difficult — not least of which because of the social challenges that accompany it. Depending on how old you are, and how many social commitments and friends you have at the point of your divorce, going through a divorce can be a very lonely time. You’ll need to relearn how to be […]
Cohabitation or Baby before Marriage Does Not Increase Risk of Divorce
Conventional wisdom has long-held that straying outside of the traditionally accepted social “schedule” for marriage and families will lead to an increased likelihood of a broken home or divorce. It has long-been argued, for example, that living together before marriage means that the couple is more likely to get divorced. This has also been said of […]
Should You Consider Divorce Mediation?
Even amicable divorces can involve a certain level of stress and confusion. This is especially true in cases that involve children or a high net worth of assets. According to the Centers for Disease Control and Prevention, the divorce rate in the United States is 3.6 per 1,000 people, which is more than half the rate of […]
College Support Agreements in Divorce
It is a thrilling moment when your child is finally accepted into college. However, after the celebrations, an important question may pop into your head: Who is going to pay for all of this? Saying that tertiary education in the United States is expensive is an understatement. The costs of attending college are rising rapidly every […]
How Illinois Courts Handle Property Division during a Divorce
On your wedding day, it is hard to imagine the bells will one day stop ringing. However, people can change, and so can your relationship. Sadly, nearly half of all U.S. marriages end in divorce. You are now faced with a mountain of challenges – from battling over child custody to learning how to navigate your […]
Credit Card Debt and Divorce
When you are going through a divorce, financial concerns may feel like the last thing you want to consider. After all, when your family and emotional life is crumbling around you, dealing with credit card debt, mortgage payments, and property division can seem almost overwhelming. Dealing with financial issues, however, is one of the most important […]
Sexless Marriage and Divorce
Lack of sex is one major and very socially acceptable reason for divorce, yet lack of sex — or frequency of it — is a very subjective line to draw. What one couple may call a sexless marriage, another may call very sexually active. So how to draw the line of what is considered a sexless […]
Divorce Can Make You a Better Parent
Contrary to sometimes-popular belief, divorce can be good for children. If the marriage is especially explosive, it can be more detrimental to a child’s psyche than the dissolution of the union of his or her parents. When parents who are not in love—or who have an especially volatile relationship—“stay together for the kids,” it can often teach […]
Divorce: When the Signs Are There
It is no secret that divorce is difficult. One of the most complicated moments in a divorce is before it even begins: making the decision that you and your spouse should no longer be together, and take the next step of your lives separately. Deciding to actually go to a divorce attorney and initiate the proceedings can […]
Challenges of Same-Sex Divorce
In the wake of the Supreme Court’s historic ruling extending the right to marry to all people in each one of the 50 states, there is one bittersweet factor for many same-sex couples: they can now also be divorced. Until now, they could not. A good example of this concerned one couple who had married in 2009 in […]
What Marriage Equality Means for Same-Sex Couples
In late June, the Supreme Court announced a historic ruling that effectively standardized marriage laws nationwide. Same-sex marriage is now legal in all 50 states, and will now be considered in the same ways as straight marriage—with all its ups and downs and confusing or complicating factors. As such, one can assume that the same types of […]
Post-Divorce Finances: The Basics
If you are going through a divorce, figuring out your financial future can be one of the most daunting prospects of the entire ordeal. Knowing exactly what you are dealing with can help to ensure that you are not left without options after your finances are separate. This can be especially important if you were not […]
Mediation Can Help the Divorce Process
Depending on how well you and your spouse get along, mediation could be a better option than a traditional divorce. Mediation is the process in which a couple that is separating works with a professional to come to an agreement on all aspects of the divorce, rather than in the court system. This makes the process more […]
Surviving a High-Conflict Divorce
Divorce is difficult. However, a high-conflict divorcecan be even more strenuous. According to Dr. Kathy J. Marshack, a licensed psychologist and family/business coach, a high conflict divorce is any marital dissolution in which a separating couple cannot resolve differences in a rational or businesslike manner. Instead, a couple creates a costly and time-consuming war in or out […]
A Sexless Marriage is Grounds for Divorce
A healthy sexual relationship is an extremely important part of a healthy marriage. In fact, WebMD reports that an active sex life can stimulate feelings of emotional and physical security, translating to increased confidence levels and achievement levels throughout several aspects of one’s life. Sex and Marriage Statistics According to the National Opinion Research Center, the average American couple […]
Juvenile Criminals May be Eligible for Resentencing
Being charged with a felony is never an easy process; but when a child is charged with a crime, it can be a very long road—not just for the child but for his or her entire family. Certain cases, such as a recent case in Michigan, are visibly bunk and likely not to have lasting consequences for a […]
Keeping a Vacation Home during Divorce
Dividing assets during a divorce can be one of the most complicated, and certainly most contentious, procedures of the entire process. One frequently asked questions that divorce attorneys face is how a client may be able to keep a house. While couples may decide that selling the marital home is best—for emotional reasons as well […]
Civil Unions: Not Just for Same-Sex Couples
With the increasing social acceptance of same-sex marriages across the country, many states are moving away from civil unions for same-sex couples. In February of 2014, according to the Cook County Clerk’s office, marriage licenses for same-sex couples became available, and a marriage equality law went into effect for the state of Illinois. While this certainly cut down […]
Domestic Violence and Divorce
Though it is not an issue that often gains the spotlight, domestic violence continues to be a serious one in modern society—one that is so engrained in a woman’s daily existence that it seems commonplace. In fact, according to an article on Forbes, one in four women have experienced domestic violence. New research indicates that in incredible five […]
Financial Behavior Can Be an Indicator of Divorce
According to Time, certain spousal behaviors indicate that a marriage may be headed for divorce. What some spouses may see as thoughtful behavior—showering a spouse in gifts and vacations, or fixing up a large house with the intention of moving to a smaller one—could actually be signs that the other spouse is ready to split. Changes in […]
Determining Property Division during Divorce
When going through a divorce, the division of propertycan be one of the most difficult steps for couples. Divvying up a life once shared can be an emotional process, and it can also lead to nasty disputes and arguments. According to the Internal Revenue Service, nine states in the U.S. have community property laws. Hence, all property […]
Reasons for Divorce and How to Make it Easier
Divorce is never easy, especially if you and your soon-to-be ex-spouse have children. Moreover, there are several countless and valid reasons for seeking a divorce. One of these reasons is abuse, and this abuse can be emotional or physical. Additionally, infidelity, habitual lying, and risky behavior such as drug addiction, compulsive gambling, or violence that endangers you or […]
What is a “Bird’s Nest” Co-Parenting Agreement?
A co-parenting agreement is a structured plan that outlines how divorced or separated parents will raise their children together, ensuring stability and consistency in the child’s life.
Tips for Divorce during the Holidays
Divorce is difficult. The holidays are difficult. And when the two coincide, it can be one of the most agonizing times in a person’s life. Even if a marriage has been going downhill for some time, this can be particularly hard to remember during the holiday season when stereotypes of intact families and joyous partnerships […]
When Mediation Works in Illinois
Ending a marriage is consistently rated as one of the most stressful life events that a person can go through. According to the American Institute of Stress’s Holmes-Rahe Life Stress Inventory, divorce is the second most stressful event a person can endure, second only to the death of a spouse. Marital separation from one’s mate is […]
Divorced Parent Paying for College: Planning Ahead
Sorting through complicated financial issues is one major hurdle that many divorcees fear. There may be complex decisions to make regarding spousal support or alimony, the division of property, or issues of child support when applicable. Additionally, if you and your soon-to-be ex-spouse have children together, sorting out how you plan to pay for your […]
Staying in a Bad Marriage is More Damaging than Divorce
Going through a divorce is overwhelming. For some, life may seem like it is spiraling out of control. However, many unhappy marriages can be healed through therapy, couples counseling, or good old-fashioned hard work. In fact, according to the American Association for Marriage and Family Therapy(AAMFT), more than 50,000 family therapists and marriage counselors are working in the […]
Defining Parental Alienation after Divorce
With technology infiltrating every aspect of modern society and a tendency for people to choose screens over traditional interaction, the idea of social alienation is one oft-discussed by sociologists and psychologist alike. Yet one of the oldest—and arguably most effecting—types of alienation is one perpetuated not by societal trends, but the oldest relationship in history: […]
Pet Custody Battles during Divorce
One of many complications of the divorce process is often overlooked—who gets the pets? For couples, especially those without children, determining who gets to keep the family dog or cat can be as difficult and emotional as a traditional custody battle. However, according to an article posted by The Huffington Post, in standard divorce law, pets are not […]
Grandparent Visitation Rights in Illinois
All aspects of a family are affected by divorce. Not only are the children of divorce affected by the marital dissolution, the parents of the parents are also affected. Grandparent rights are often considered the most complicated visitation arrangements to be settled during a divorce, and not all grandparents have a right to visitation. According to The Huffington […]
Are Courts Taking Away the Rights of Divorced Parents?
Divorced parents may be losing their rights, at least according to a recent opinion piece in The New York Times. Divorced parents can sue each other; however, married parents cannot. When this happens, judges are often left to determine what is best for the children of divorce—including where they will go to school and where they […]
Back-to-School Co-Parenting
If you are a parent, back-to-school time can be one of the most stressful and busiest of the year. There are new clothes to buy, supplies to shop for, schedules to sort, and busy student days to work into your workday. This can be all the more complicated if you are divorced and have decided […]
Advice for Co-Parenting after Divorce
Divorce is never easy. But sharing parenting duties after marital dissolution may be an even more difficult than the divorce itself. Not only does co-parenting after divorce force you to remain on good enough terms with your ex-spouse and successfully navigate shared schedules, duties, and responsibilities, it also means that you will likely have to see your ex-spouse […]
Advice for Divorced Dads
Being a divorced parent can be a difficult role for any adult. Not only does he or she have to deal with the fallout of the failure of marriage and partnership, divorced parents who are the non-custodial parent may also deal with the loss of regular contact with children. Illinois awards custody to whomever the court deems as the […]
Parental Gatekeeping and Custody Battles
Parental gatekeeping is a term used by divorceprofessionals and those going through marital dissolution and refers to protracted or restricted custody battles in which one parent keeps the children from the other. According to The Huffington Post, parental gatekeeping is the act of “facilitating or restricting the relationship with a parent and a child.” Limitations can be placed on […]
Qualified Domestic Relations Orders: What You Need to Know
National statistics regarding marriage and divorce have drastically changed in recent decades. According to the U.S. Bureau of Labor Statistics (BLS), social factors such as the feminist movement, the increasing number of women in the American workforce, and altered perceptions of gender roles have contributed to these changing statistics. Also, the average age of divorce has continued to increase, as […]
The Basics of Post-Decree Modifications
After a divorce is finalized, some may feel stilted or left out in the cold. This could be the case when one party in the divorce is awarded an exorbitant or seemingly unfair settlement given the circumstances of the divorce. For example, if the wife is caught cheating and then all marital property is equally distributed—even though the […]