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Alimony, though less common now than it once was, is still awarded in some divorce cases. More specifically, it may be awarded to a disadvantaged spouse – an individual that earns less money than their spouse, or one that has given up their career, education, or employment to take care of the home or children. Stay-at-home fathers are included in this definition. Learn more about your right to pursue spousal support in an Illinois divorce, including how an experienced divorce lawyer can help improve your chances of a favorable outcome.
Gender No Longer a Determining Factor
Not long ago, alimony was awarded mostly to stay-at-home moms and women that did not work outside the home. With family structures changing, and more women serving as the primary or sole breadwinner these days, the gender bias for alimony no longer exists. In fact, statistics indicate that some 40 percent of wives now earn more than their husbands, and the pursuit of alimony among men is becoming more and more common.
Divorce, in and of itself, is a complex legal process. Abuse, particularly the abuse of a shared child, can complicate matters even further. Thankfully, there are actions that you can take protect your child during the divorce process. Learn more, including what an experienced divorce attorney can do for you, with help from the following information.
Focus on Safety First
If you and your child are in an abusive situation, find a place where you can be safe. Family, friends, and even domestic violence shelters are examples of viable emergency options. It is also advised that you develop a safety plan and that you seek assistance with a restraining order. Both can provide additional protection while you are going through the divorce process.
Get the Authorities Involved
Law enforcement, medical professionals, and the Illinois Department of Children and Family Services (DCFS) all offer services to victims of abuse. Depending on your situation, they may also be crucial to your divorce case. All agencies can provide you with proof of the abuse, which can be used in the courtroom. DCFS can also conduct a thorough investigation into your circumstances, which may also help ensure protection for your child.
Although children of any age can struggle with divorce, toddlers may be especially vulnerable to the stress and changes within their environment. To make matters worse, to children in this developmental stage, parents are everything. They are the center of their world, the place they turn to when they feel hurt, alone, or scared. Divorce can disrupt that bond, especially when one of the parents leaves the home. Thankfully, parents can mitigate against this issue. Learn more with help from the following information, and discover how an experienced divorce lawyer can help you through the process.
Keep Conversations Simple and Child-Centered
Telling your child about the divorce is the first step in the process, and it should be approached with great care and consideration. Keep the conversation simple and straightforward, focusing mostly on the ways that the divorce will impact (or not impact) your child. Remember: toddlers are self-centric, and they are unable to grasp the complexities of divorce, so the impact that it will have on them is the information they want and need most.
Of all the elements of divorce, few are quite as contentious as the division of marital assets. Illinois divorces can become especially heated since, unlike in other states, assets are divided “fairly,” rather than equally. Learn more about how assets are divided in an Illinois divorce, and how an experienced attorney can protect your financial future during the process.
Equitable Distribution versus Equal Distribution
While many states distribute property equally in divorce – meaning, the value of the estate is divided equally between both parties – Illinois uses an equitable distribution method. Essentially, this means that the estate is divided “fairly” between the divorcing parties. Unfortunately, everyone has a different perception on what, exactly, fair means.
Negotiation versus Litigation
Divorcing parties can divide their marital estate in one of two ways: they can negotiate a settlement between one another (generally with the aid of a mediator and/or attorneys), or they can take the matter to litigation. If the divorce is negotiated, the definition of fair will depend upon each party’s interpretation of it, their willingness to compromise, and any advice given to them by their attorneys. Parties who cannot agree on settlement terms and those that may be at risk for asset hiding or depreciation may have the term “fair” decided by the courts; this type of divorce is known as the litigated divorce.
Managing life and the kids during and after divorce can be stressful, especially in the beginning. Thankfully, with a few good tips and a little time, everyone starts to find their new routine. Learn more how to improve the back-to-school transition while going through a divorce, and discover how an experienced attorney can smooth the process for everyone involved.
Start with Realistic Expectations
Unrealistic expectations can be extremely toxic to the co-parenting process, and can often lead to arguments, hurt feelings, and coping problems. As such, parents are encouraged to be patient with one another (and themselves) and understanding with their child. After all, everyone is trying to adjust to a new life, and it takes some time to accomplish that.
Developing Your Strategy
Every family is unique, which is why every parenting plan should be carefully thought out and tailored to meet the specific needs of the involved parties. Consider your schedules, your child’s activities, possible issues that may arise, and how you will handle them. For example, if you and your spouse both have high-demand jobs, you may need to consider how your child will get to and from flute practice if you are both tied up at work. Of course, you might not ever need your worst-case scenario strategies, but it is still good to have them in place.
Divorce can be painful and, in some cases, traumatizing. How do you cope? A new study suggests that narrative expressive journaling may help. Learn more about coping with the divorce process, and the potential benefits of journaling while working through it, with help from the following information.
What is Narrative Expressive Journaling?
Narrative expressive journaling is different than other types of journaling. It requires the writer to consider how they are feeling and to turn those feelings into a sort of story. You do not need to be a storyteller to do it, however, because the process is more about honing in on the deeper, more complex emotions of divorce and finding a way to express them in an organized and structured manner. Why is doing this so important? Experts say that, unlike traditional journaling, narrative expressive journaling encourages you to process the emotions, rather than simply re-experience them, which can trigger or exacerbate stress and other negative emotions during the coping process.
Filing for bankruptcy has never been “easy,” but changes over the last several years have made the process even more complex than it used to be. Now, consumers must attend both credit counseling and debtor education before they can receive a bankruptcy discharge. Learn more about these counseling requirements in the following paragraphs, including how they are different and what you can expect during the process.
Why Counseling is Required
Most consumers would rather stay out of debt and avoid bankruptcy, but without the right tools, strategies, and information, doing so can be extremely difficult – especially in a world where credit is necessary for almost everything. Seeing the disconnect, the U.S. Government decided to put a new requirement in place; all debtors would need to attend counseling to improve their understanding of credit, debt, and how to manage it all wisely.
Of course, the one thing this requirement fails to account for is that not all consumers go bankrupt because they are poor planners. Instead, debtors may experience a work injury, auto accident, or some other catastrophe that throws them off track. Others may suffer a loss of employment, through no fault of their own. Still, the act of going through counseling can be beneficial; it can help debtors better prepare for such situations in the future, perhaps through a savings account or some other form of emergency planning.
Parents know that divorce can negatively impact their children, which is why most will go to any lengths to protect them. Nesting divorce – an arrangement in which the children keep the home, and the parents rotate in and out – is one of the most recent strategies for minimizing the potential damage. Is it beneficial though, or is it more of a hindrance for young children?
Potential Advantages of a Nesting Divorce
Most children can benefit from a healthy and continued relationship with both of their parents after a divorce. Nesting divorce not only encourages this relationship, but it also carries that relationship out in a familiar setting. Parents can maintain schedules and minimize changes (i.e. school, home, friends, etc.) immediately after the divorce, which may also assist the child with the coping phase of a divorce. However, experts believe there may be areas where the purported benefits of nesting divorce are over inflated.
Every marriage has its ups and downs, and every married couple has their issues, hang-ups, and disagreements. Although those spats and low points can get pretty intense, and may even teeter on the edge of volatile, not every rough patch ends in divorce (nor should it). However, there are situations in which divorce may be the best option. How does one tell the difference? According to therapists, and in our own experience, some key signs may indicate a marriage is headed for divorce. Learn more with help from the following information.
Constant Fighting and Changes in Communication
While many couples go through periods of excessive arguing, those that seem to drag on for extended periods of time can be a good indicator that a marriage may be headed for divorce. If the arguments are also paired with a change in communication (i.e. yelling between partners that do not normally yell), things could be headed for an explosive end in the very near future. Therapists suggest seeking marriage counseling, but those that have marriages with any form of abuse (including mental and emotional abuse) might want to consider ending the relationship.
Spousal support, though less frequently awarded in divorce than it used to be, is still an option for disadvantaged spouses. However, many things have changed over the last few years. For example, more women are the primary breadwinners in their families, so more men are pursuing spousal support. Another major difference is that the formula for calculating alimony changed back in 2015. Discover how to tell if you may be eligible for spousal support, and how it is calculated in an Illinois divorce today.
Are You Eligible for Spousal Support?
Despite the common misconception, alimony is not always awarded, just because it is requested. Instead, spouses who wish to receive alimony must fit a few criteria before they are considered eligible by the courts. For example, the courts may award alimony when:
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