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Getting a divorce can create financial strain for both spouses because of the required division of assets and the potential for child and spousal support obligations. This may be especially difficult if you have significant debt at the time of your divorce. If you are not careful, debt problems can become increasingly complicated after your divorce, so it is important to consider options that can alleviate your debt burden during the divorce process.
You may be aware that marital property will be divided in your divorce, but it can come as a surprise that debts accumulated during your marriage are considered part of that property. This may be true whether the debt was incurred by one spouse or both together. Marital debt can come from many sources, including mortgages, car loans, student loans, business loans, and credit card debt. Any remaining marital debt at the time of your divorce must be distributed fairly between you and your spouse.
Domestic violence is, unfortunately, a widespread problem in the United States. Each year, more than 12 million people are victims of physical or sexual violence from an intimate partner, and this abuse often extends to children in the household as well. If you or a family member is suffering from domestic abuse in Illinois, an order of protection can help keep you safe from the perpetrator. An experienced attorney can help you understand how an order of protection works and which type of order is best for your situation.
In Illinois, an order or protection can prevent an alleged abuser from continued abuse, physical contact, proximity, and communication with the person who has been abused, as well as that person’s children, dependents, or legal guardians. Orders of protection are enforced by local law enforcement officers, and they can be filed independently or together with a petition related to divorce, parental responsibilities, guardianship, or adoption.
Co-parenting after a divorce can be challenging, both because of the need for coordination between two households and the possibility of lingering disagreement or resentment between you and your ex. However, successful co-parenting is often crucial for your children’s happiness and well-being, and if you can work on effective communication with your ex, you can avoid some of the stresses of co-parenting and establish a system that works for the good of everyone involved.
Whether you and your ex get along fairly well, or you tend to butt heads on a regular basis, communication is key to successful co-parenting. Here are some strategies to improve your communication:
For many couples who are preparing to divorce, one of the biggest concerns is the stress and conflict that can arise throughout the divorce process. It is true that almost no divorce is easy, but you may be able to avoid much of the hardship by pursuing the option of divorce mediation, which allows you and your spouse to work together to make important decisions on a number of issues.
For a mediated divorce process to work, you and your spouse must be willing to cooperate and communicate with each other, whether that is face-to-face or through some other means. The two of you maintain control over all of your final decisions, and each of you will have the opportunity to express your perspectives throughout the deliberation process. A trained mediator, who is often an attorney, will be present as a third party to guide the process and ensure it proceeds smoothly without taking a side or attempting to influence the outcome. When mediation is successful, a couple may be able to avoid a trial entirely, which can save time and money and allow them to maintain greater privacy.
In an ideal situation, a couple would choose to get a divorce when both spouses are financially stable and able to maintain their accustomed lifestyle independently. However, this is not always possible, and it may be especially difficult at a time when so many people are struggling to find or maintain steady employment. Whether you are voluntarily unemployed in order to be a stay-at-home parent or you have recently lost your job due to COVID-19, there are a few things to consider regarding how your unemployment can affect the divorce process.
If you have been fired, laid off, or furloughed due to COVID-19 or for most other reasons, and you are actively seeking employment, your unemployment will likely be considered involuntary. This means that your financial obligations related to the divorce will usually take your actual current income into consideration. However, if you are voluntarily unemployed, the court may instead consider your earning capacity when determining your ability to make financial contributions. Note that there may be an exception if you are voluntarily unemployed so that you can contribute to the marriage in some other way, such as being a stay-at-home parent to care for your children while your spouse works.
Divorce is a difficult experience for parents and children alike, filled with sadness, anger, fear, uncertainty, and a range of other strong emotions. While it is a challenging time for children of all ages, teens may find it especially hard to deal with their parents’ divorce at a time in their life that may already be marked by major transitions and heightened emotions. As a parent, you should be prepared for the impact your divorce will have on your teenagers and do your best to help them cope with the changes that come.
Many teens struggle with their parents’ divorce and react in ways that may have a negative impact on their lives. Some of the most common effects of divorce on teens include:
In the months and years following a divorce, many people find new partners with whom they want to spend their lives and decide to get married again. Remarriage can be a happy occasion and a time for celebration, but if you are planning for a second marriage, you should be sure to consider the changes it will bring for you and your family, as well as the legal matters you may need to address.
First and foremost, if you want to remarry, you must ensure that your divorce has been finalized and that your previous marriage has legally ended. If this is the case, then there are some additional factors for you to think through, including:
While a prenuptial agreement may not seem like the most romantic wedding gift, it is likely one of the most valuable. That is because it does not just protect you in the instance of divorce; it can also set the financial tone for your marriage and reduce the risk of arguments over money. With years of experience assisting engaged couples with their prenuptial agreements, our legal professionals have compiled a list of ten considerations to think about before signing your prenup.
After a divorce, it can be challenging to co-parent between two different households, and the challenge is bound to increase the farther apart the two parents live. Nevertheless, you may find yourself in a situation in which you need to move for career or personal reasons and want your children to come with you. Illinois law allows for a parent’s relocation under certain circumstances, but if you are planning to move more than 25 or 50 miles away from your children’s other parent, depending on the county where you currently live, you will be required to present your case to the court for approval.
As the court considers your relocation request, they will ask you a variety of questions to determine whether the move is in your children’s best interests. These questions may include:
Does the other parent approve? When seeking relocation, you must provide the other parent with written notice at least 60 days before the move. If the other parent approves and signs the notice, you can file it with the court, and your relocation can proceed as planned. If not, you will need to file a petition with the court for permission to relocate.
One of the most important considerations in a divorce or any co-parenting situation is making sure that children are well provided for by both parents. Whether you are the custodial or non-custodial parent, you bear the responsibility to contribute financially to your children’s food, clothing, shelter, health, and education. However, as your financial situation changes, especially during the uncertain times of the COVID-19 pandemic, you may find it difficult to keep up with the payments in your original child support order. If you have recently been laid off or have experienced an involuntary drop in income, you should consider pursuing a modification to your order.
In Illinois, child support payments are determined by combining both parents’ monthly net incomes and allocating an equitable percentage of the child support obligation to each parent. The calculation also considers the number of children, their needs, and the standard of living they would have experienced in a two-parent household. Typically, the custodial parent fulfills their obligation by spending more time and money caring for the children directly, while the non-custodial parent is expected to make monthly payments to the custodial parent. Because each parent’s income is a significant factor in the calculation, if you have experienced a change in your income, it is important to seek a modification to the order whether you are the custodial or the non-custodial parent.
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