Posted on February 14, 2020 in Child Custody

One common question that married couples often need to face is whether they should stay together for their kids. In many cases, there may be equally convincing arguments for getting a divorce or staying together. The decision will ultimately depend on your situation and whether you think you and your spouse will be able to meet your children’s needs after your divorce. Before you decide on how to proceed, you may want to consider how your divorce will affect your children and whether other factors will play a role in your case.

The Effects of Divorce on Children

Studies suggest that divorce can have substantial short-term effects on children. These may include:

• Emotional disturbances, such as anxiety, anger, and stress

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 Posted on February 11, 2020 in Child Custody

If you are going through the divorce process and working with your spouse, your respective lawyers, and/or the judge to determine how to allocate parental responsibilities, you will want to give serious thought to the development of an effective parenting plan that protects your children’s best interests while maintaining your rights as a parent. Here are some things to consider when devising such a plan:

How Do You Create the Right Parenting Plan?

The right parenting plan can make things a whole lot easier for everyone, including both parents and children. However, developing a fair parenting plan that is beneficial for everyone involved can be challenging. In fact, parents often cannot agree on the terms of the parenting plan, and the court may need to intervene and make decisions about the allocation of parental responsibilities and parenting time, which might not be nearly as beneficial to those involved. In most cases, it is recommended to work with your lawyer and the other parent to create an effective and agreeable parenting plan. When creating your parenting plan, you will want to keep the following issues in mind:

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 Posted on February 07, 2020 in Child Custody

If you have children and are getting a divorce, you will need to work together with the other parent on the allocation of parental responsibilities. Overall, this allocation requires deliberation upon four main facets of a child’s life and all of the parental duties associated with each area. While there could be other additional topics that the court and the parents might consider, these four cover most of the child’s needs.

What Categories Are Considered When Allocating Parental Responsibilities?

While custody decisions will determine the specifics of both parents’ time with their children, including differences in schedules based on holidays and vacations, there are also some other subjects that need to be discussed throughout the process. Specifically, when allocating parental responsibilities, all parties involved must consider responsibilities for these four main categories, the particular elements of which would be further detailed in the parenting plan:

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 Posted on February 04, 2020 in Divorce

If you or your spouse have been diagnosed with a chronic or terminal illness, this can affect many aspects of your life and your marriage. Some of these major changes in your marriage might eventually lead to a divorce. Understanding how an illness can affect a relationship can help you determine the best way to proceed if you feel that divorce is your best option.

The Facts About Divorce and Major Illnesses

Multiple studies have analyzed the statistics surrounding the effects of chronic or terminal illness on marriages and divorce rates. In particular, the findings suggest that:

• As expected, higher ages result in an increased likelihood of illness.

• Husbands experience higher rates of illness than wives.

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 Posted on January 31, 2020 in Cohabitation

There are all sorts of reasons that couples may decide to live together without getting married. They might be opposed to marriage on some moral grounds, they could just want to try living together first before they officially “take the plunge,” or perhaps they simply do not want to deal with all the complications that come with marriage—from an overwhelming wedding to an array of legal and religious considerations. Whatever the case may be, there are plenty of people out there who cohabitate as unmarried partners. Unfortunately, living together does not grant you the same rights you would have as married spouses. In order to have some similar legal protections as you would if you were married, you would need to develop and sign a cohabitation agreement.

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 Posted on January 29, 2020 in Divorce

Sometimes, by the time people get divorced, they do not even recognize each other anymore. Over the years, a sense of mistrust might have festered. Misgivings about your spouse and his or her motivations often contribute to the decision to file for divorce. As the divorce drives you two even further apart, it becomes easier and easier to keep things from each other. This is when hidden assets become an even greater possibility. If you suspect your spouse might be hiding assets from you and your attorneys, what should you do? There are a few things that require further investigation from you and your lawyers to make sure no asset is left buried.

What to Do During the Hunt for Hidden Assets

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 Posted on January 24, 2020 in Divorce

Central to any divorce are concerns regarding finances. The property and assets owned by married spouses are considered throughout the divorce process. Both parties in a divorce want to protect their property and assets, and in some cases, a financial restraining order may be necessary. In some states, an automatic temporary restraining order (ATRO) will be included in every divorce. However, in Illinois, you need to request a temporary restraining order (TRO), and you may need to ask that it be extended during your divorce.

What Does a Financial Restraining Order Do?

A financial restraining order, also referred to as a temporary restraining order, is a way both parties in the divorce can protect their property. While it is particularly common in high-asset divorces, any spouse might want to consider pursuing one, especially if a person suspects their former partner will be irresponsible with their shared finances leading up to—and during—the divorce.

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 Posted on January 21, 2020 in Alimony/Spousal Support

When you get divorced, you may be at a financial disadvantage, especially if you have been a stay-at-home parent or have been out of the workforce for a significant period of time. Fortunately, you may be able to receive spousal maintenance that will allow you to continue living at the standard you have come to expect during your marriage. One of the facets of spousal support that deserves special attention is reentry into the workforce. If you believe that you need education and/or training before you can begin working and supporting yourself, it is completely acceptable and reasonable to ask for financial assistance to help address these needs.

Reasons to Ask for Education Assistance Following Divorce

There are many reasons to ask that education assistance be included as part of a spousal support award. These include:

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 Posted on January 17, 2020 in Alimony/Spousal Support

On January 1, 2019, a provision of the federal Tax Cuts and Jobs Act of 2017 went into effect that will impact divorce cases going forward. This law eliminated the tax deduction for spousal support in divorces finalized on or after that date. The effects of this change to the law are still being felt, and many long-term results have yet to be seen. In many cases, it has required people on both sides of a divorce involving spousal maintenance to be more savvy and resourceful when it comes to reaching a settlement.

How Has the New Law Affected Taxes on Spousal Maintenance?

For many years, maintenance (which is also referred to as spousal support or alimony) was taxed as follows:

• The spouse paying maintenance would be able to deduct the amount of support payments from his or her taxable income.

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 Posted on January 14, 2020 in Alimony/Spousal Support

In Illinois, there are a variety of factors that are considered when determining whether to award spousal maintenance (also known as alimony or spousal support). However, it is important to understand that there are different types of spousal support, and the type of maintenance awarded may play a role in determining how to proceed if your or your ex-spouse’s situation changes following your divorce. Here are some guidelines to follow so that you know what to expect if you are ever faced with spousal support dilemmas:

The Types of Spousal Maintenance in Illinois

There are three types of spousal support that may be awarded in an Illinois divorce case:

1. Fixed-term maintenance—In these cases, the court will designate an end date on which spousal support payments will be terminated. This means that maintenance will be expected to be paid throughout the term, but once the term ends, the spouse providing support will no longer be obligated to offer any additional support.

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