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Life’s catastrophes do not care what your circumstances are; they just are. Such is the case with job loss and divorce. So what do you do when you or your spouse loses a job whilst knee-deep in divorce negotiations? The following information can help to provide some answers.
Notifying your attorney of the situation is your first (and perhaps most important) step in managing a job loss during divorce negotiations. If you are the one now unemployed, your attorney can help you devise a strategy for moving forward, which may be critical to your financial well-being if you were positioned to pay child support or alimony. If your spouse was the one let off from their job, attempt to understand the cause of the job loss to the best of your abilities and relay that information to your attorney. Depending on the situation, your total settlement may not change (i.e. your spouse voluntarily quit their job or was terminated for attendance issues, which they can control). It is important to note that their obligation to pay spousal support or child support may be temporarily placed on hold, but that does not necessarily mean it will disappear entirely.
Domestic violence impacts an estimated one in three women and one in four men experience intimate partner violence. Children are also impacted by domestic violence, regardless of whether they are abused themselves. Still, with one report of abuse being made every 10 seconds, their rate of abuse is just as concerning.
A restraining order can provide all of these abuse victims with legal protections to keep them safe from their abuser. However, there are minimum requirements that must be met in order to obtain one.
Not all hurtful actions are legally defined as domestic violence. Instead, the victim must have experienced:
Adopting a child is a monumental decision. It is also a complex legal process, regardless of whether you are going through an agency or the state. Even when adopting a child or adult within your own family, there are certain legal steps and procedures that one must follow. Gain a brief understanding of this process in the following sections, and discover how our seasoned Wheaton adoption attorneys can help you successfully navigate the complexities of your case.
The first step to adoption is to determine what path you want (or need) to take, as some processes are specific to the type of adoption you are pursuing. For example, those seeking an international adoption will have to go through more legal steps (securing a passport, meeting with the embassy of the child’s birth country, etc.) than someone seeking a step-parent adoption.
Some adopting families will immediately know the type of adoption they want (most common in intra-family adoptions). Others will have questions about the differences between the types of adoption, or they may have reservations about pursuing one path over another (foster care adoption versus private adoption). If you are uncertain, a seasoned attorney can answer your questions and help guide you to the path that most suits your family’s desires and expectations.
Child support and alimony are often awarded to one of the spouses in a divorce, but not in every case. How do you determine if you may be eligible for these types of post-divorce support, and what can you do to ensure you receive the most amount possible? The following explains.
Before a judge will award you alimony, you must be determined eligible, which generally requires that you be “disadvantaged” in some way. Examples of situations that may deem you “disadvantaged” in a divorce include:
Divorce has become so commonplace that there are now “trending” issues. One of the most recent examples is the destination divorce, in which couples travel to a remote location to celebrate the end of their marriage. Is this an option you should consider once your divorce is complete, or is the hype more appealing than the actuality of such a celebration?
Unlike a destination wedding, the actual proceedings do not occur at your locale of choice. Most of this is due to the laws, which tend to require that you reside in the state and county where you file for divorce. Instead, a destination divorce is simply a celebration or relaxation retreat - a place you go to visit and celebrate your newfound freedom.
While destination divorce locations are about as varied as the people involved in the proceedings, some places are more common than others. At the top of the list is Las Vegas, which has morphed from your typical bachelor and bachelorette party locale to a place where almost anyone can find fun. International locales are also highly popular, particularly for those that felt limited in their marriage. Relaxing retreat locations (i.e. Hawaii, the Bahamas, etc.) are also exceptionally commonly seen in the destination divorce trend.
Family structure has changed drastically over the last couple of decades, with many wives now serving as the sole or primary breadwinner. Unfortunately, studies have found that divorce is more likely to occur if the wife is the only one working, and now a new research project suggests that divorce risks are still greater when the husband works but earns less than the wife. So, what happens when a couple goes through a divorce and their familial structure is different from the typical but outdated societal norms? Learn more in the following sections.
In many ways, the process of divorce does not change, simply because the wife is the sole or primary breadwinner. Debts and assets are calculated to determine the value of the marital estate, and the estate is then divided equitably between the divorcing parties. Yet, because of social issues - particularly those involving lower wages for women - the financial stability of a woman may be even more threatened than a man’s after the division of assets in a divorce. Additionally, you may be ordered to pay alimony to your spouse, which only increases your risk of financial issues after the divorce. For this reason, it is critical that wage-earning women have a seasoned divorce lawyer on their side, protecting their financial interests during the entire divorce process.
Divorce changes many aspects of your life - everything from where you call home to the amount of time you spend with your children. Then there are the emotional aspects to muddle through. So, all things considered, insurance coverage may seem like the least of your worries while going through a divorce. Yet, without it, you and your family could be at risk for significant financial loss. Learn what you need to know about insurance and divorce, and discover what our seasoned divorce lawyers can do to help you manage the many aspects of your case.
Many Americans seek health coverage through their employer. If your spouse is the one employed and you are covered under their policy, the divorce will generally end their obligation (and maybe even their ability) to provide you with coverage. However, you may still be eligible for COBRA benefits, temporarily. You will probably have to pay out-of-pocket for this coverage, but the fee is likely to be less than paying for any health-related expenses.
As a parent, you want the best for your child. To provide that, you need to ensure that their emotional and financial needs are met. In many cases, the establishment of paternity can help you in that quest - yet, this is not always the case. Learn more about the potential pros and cons of establishing paternity in Illinois, and discover how assistance from a seasoned family law attorney can help protect your child’s best interests, both now and long into the future.
Regardless of whether you and your child’s father are currently involved in a relationship, your child deserves all that they have to offer. Sometimes, that involves you fostering a relationship between your child and their biological father. Other times, it means ensuring that your child’s financial needs are met - generally through financial support from the father. Unfortunately, many of the benefits that may be owed to you or your child (i.e. child support, military dependent benefits, health insurance, inheritances, and other similar benefits) can only be obtained if the biological father is legally named. For this to happen, you need to legally establish paternity, either through the hospital or through the courts.
Divorce can be a tumultuous process, full of pain, grief, and anger. When paired with the sensitive topic matters often seen in a divorce (i.e. the division of assets and parenting plans), proceedings can become explosive. Yet, in many cases, communication with your spouse is necessary (particularly when there are children involved). The following tips, along with assistance from a seasoned divorce attorney, can help to improve the situation.
Communication may be necessary during a divorce, but you do not have to speak with your spouse face-to-face. You can opt to use technology instead. Email, text, and even phone applications allow you to discuss pertinent matters, such as child pick-up and drop-off schedules with little to no contact. These measures can do more than just reduce stress; they can give you the chance to carefully examine your statements before sending them. Read over everything, or ask someone that you trust to examine your text or email to reduce the chance of a miscommunication, and always stick to the matter at hand.
Thanks to studies and real-life families, shared parenting plans are on the rise. In fact, several states have introduced bills that would make a 50-50 parenting time split the starting point in all divorces - but is this trend appropriate for every family? Consider the following pros and cons of a shared parenting plan, and learn how our seasoned divorce lawyers can help you in deciding whether one may be right for your family.
Shared parenting plans typically involve a near-equal split of the child’s time. Some families switch off weekly, with one parent having the child for a week and then the other. In other shared parenting plans, the child may switch homes throughout the week, perhaps with one parent taking the beginning of the week (i.e. Sunday through Wednesday) and the other taking the remaining days. The latter plan will typically involve a switch-off, where the child may spend four days with one parent one week, and then three with that same parent on the following week.
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