Recent Blog Posts
What Issues Can Prolong the Divorce Process in Illinois?
Unfortunately, not all couples live happily ever after. The latest statistics show that approximately 40-50 percent of all U.S. marriages end in divorce. During these challenging times of COVID-19, many people have been spending more time than usual at home. This can be a blessing and a curse depending on the situation. For some families, quality time together has strengthened their relationships. For others, though, it may have exposed underlying problems within their unions. Regardless of the reasons that two people choose to dissolve their marriage, there are certain steps that must be completed before they can walk away. There are many things that may cause delays in finalizing your divorce, so it is important to be patient. An experienced divorce attorney can help you navigate this complex process.
5 Tips for Divorcing a Spouse Who Has an Addiction Problem
Making the decision to file for divorce can be very painful and full of emotions. There are a multitude of reasons why a couple may ultimately split, including infidelity, financial problems, domestic violence, or simply growing apart. One factor that can lead a spouse to seek the dissolution of his or her marriage is if the other spouse has an addiction or substance abuse problem. This can include an addiction to alcohol, drugs, gambling, or even shopping. Behavior of this kind is often caused by a mental illness such as obsessive-compulsive disorder (OCD), depression, bipolar disorder, and more. It can be especially difficult for the addict to accept the fact that his or her marriage is over, which can cause a lot of conflict during the divorce process. If you are considering legally ending your marriage, it is important to seek professional legal counsel if your spouse becomes combative in any way.
When Are Subpoenas Necessary in an Illinois Divorce?
Divorces can be difficult, even under the best of circumstances, such as when both spouses come to the mutual decision to part ways. Dividing up property and assets may have its challenges, and in some cases, subpoenas might be necessary during the discovery phase of your divorce. This part of the process involves full financial disclosure by each spouse of all marital and non-marital assets and the income you both earn. If you believe your spouse is not being completely honest, an attorney can use various methods to uncover the truth. According to Illinois law, attorneys are allowed to issue subpoenas, which are basically formal requests from attorneys. The recipients of these legal documents must comply with them by law. The term subpoena means “under penalty.” Subpoenas can play crucial roles in ensuring both spouses receive their fair share of the marital estate.
Tips for Helping Your Adult Children Cope With Your Illinois Divorce
The divorce rate among those over 50 has skyrocketed in the past several years compared to decades ago. This is partly due to the fact that people are living longer in general, and they want to enjoy the time they have left instead of being in a toxic or loveless relationship. In addition, many couples who are unhappy may put off filing for divorce until their kids are grown. They think their children may be better equipped to handle the news later in life. However, this is not always realistic. Although younger kids may have a more difficult time understanding the reasons why mom and dad are splitting up, older children may suffer just as much emotional trauma. Questioning everything they thought to be true, older kids may have trouble accepting their parents’ divorce.
How Has COVID-19 Affected Parenting Orders in Illinois?
During the past year, the COVID-19 pandemic has changed the way we live. While many businesses shuttered temporarily to stop the spread of the highly contagious virus, other companies have allowed their employees to work remotely from home. Likewise, many school districts have switched to online learning, so more people are home now than they would be normally. Some divorced parents are finding their income significantly reduced if their position was eliminated completely and they had to file for unemployment. With such a disruption to everyone’s regular routines, you may be wondering if you can modify your existing divorce orders, including child support, parenting time, and child custody. Under Illinois law, you can amend these types of orders depending on the circumstances.
3 Important Tips for Dads During Divorce
In today’s world, there is no such thing as a “typical” divorce. There are many ways a couple can end their marriage, and the outcomes will vary depending on the needs of each family. Some families are still traditional in the sense that the mother is the primary caregiver and is the one who spends the most time with the children. In other families, fathers are much more involved in the daily responsibilities of raising their children, which can cause tension and stress when it comes to making child-centered decisions during a divorce.
Though the law states that mothers and fathers should be treated equally, fathers are sometimes still seen as “second-class” parents, and some dads feel that they are not given the same consideration as mothers when it comes to issues such as parenting time. Divorce can be difficult for everyone, but its negative effects may be especially worrisome for fathers. Here are a few tips to help dads aim for success during and after a divorce:
How to Divide Retirement Funds During Your Illinois Divorce
Most couples will experience some sort of conflict during a divorce. For many couples, the asset division process is one of the topics that bring about the most conflict. Prevailing during this process is important, because it can determine how financially stable you are after the divorce, and it can also affect your finances into the future. For many people, their retirement savings are among their most valuable assets.
In Illinois, retirement funds are considered to be marital property as long as they were acquired during the marriage. Marital assets may include individual retirement accounts, non-qualified plans, defined contribution plans and accounts, and pension benefits. These retirement funds must be divided between divorcing spouses, which can become tricky. In most cases, this is done using a Qualified Domestic Relations Order or QDRO.
4 Ways to Protect Your Children During Your Illinois Divorce
Couples get divorced for many reasons. Maybe you and your spouse have realized that you are two very different people who want very different things. Maybe you still love each other, but you have grown apart. Or, maybe some other type of conflict has occurred, such as infidelity or financial issues. Whatever the reason for the divorce might be, you and your spouse will probably not be on the best of terms.
Unfortunately, couples often experience contentious divorces, and issues involving children are often some of the most difficult matters to resolve. Sometimes, children can be caught in the crossfire of marital conflicts. However, there are a few things you can to help protect your children as much as possible during your divorce.
#1: Do Not Fight in Front of the Children
One of the most detrimental things children can experience is to witness their parents constantly fighting and arguing. High levels of conflict can create a sense of tension and unhappiness in the home, and this can manifest negatively in children. Kids who observe their parents’ arguments are more prone to behavioral problems and emotional issues. During your divorce, you should do your best to avoid arguing in front of your children, and you should not force them to take sides or ask them to relay messages between you and your spouse.
What Expenses Can Be Added to Basic Child Support Obligations in Illinois?
Everyone knows that raising children can be expensive. The costs of food, clothing, toys, and other needs can add up quickly. In fact, it is now estimated that the average cost of raising and supporting a child to age 18 is around $233,610, according to a 2017 U.S. Department of Agriculture (USDA) study. While this may not seem to all that much when spread out over 18 years, it can still be difficult for one parent to pay for all of the costs of raising a child. This is why child support is typically ordered in cases in which parents are divorced or separated, ensuring that both parents are responsible for financially providing for a child’s needs.
Extra Costs of Raising a Child
In Illinois, a basic child support obligation is typically determined during a divorce case, and this is meant to account for all of the child’s basic needs, such as food, clothing, and housing. However, any parent knows that there are many more expenses involved in raising a child. With this in mind, Illinois law also has provisions to account for other child-related expenses, such as:
Will I Have to Pay Spousal Maintenance in My Illinois Divorce?
When you are facing the possibility of a divorce, you are likely to have many questions. Where will you live? Who will get the furniture? How will you share parenting responsibilities for your children? All of these, of course, are very valid questions. Many who are considering a divorce may also wonder if they will be ordered to pay alimony—known as “spousal maintenance” under Illinois law. If you are headed for a divorce, it is important to understand how maintenance-related decisions are made in Illinois.
A Brief Background
Spousal maintenance, in general, is intended to help minimize the effects of a divorce on a spouse who is at a comparative financial disadvantage. In previous generations, alimony payments were practically standard in most divorce cases, because a significant percentage of households relied on the income of just one spouse—most often the husband. Meanwhile, the other spouse—most often the wife—usually worked substantially less, if she worked at all. Instead, her primary role was to maintain the family home and care for the couple's children.
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