As a stay-at-home parent approaching a divorce proceeding, you likely have many questions about how divorce will affect you. It is essential to have a clear understanding of your legal rights and responsibilities to ensure that the process goes as smoothly as possible. Today, we will discuss considerations for stay-at-home parents going through a divorce and how topics like spousal support and child custody may affect you and your situation. Regardless of whether you are a stay-at-home parent, hire a divorce lawyer to direct you through the process while always advocating for your legal rights.

Child Custody Considerations for a Stay-at-Home Parent

In cases where parents cannot agree on a parenting schedule, the courts in Illinois will step in and prioritize the child’s best interests when making custody decisions. In many cases, since the stay-at-home parent spends the majority of the time taking care of the child and their needs, the court will likely consider this as they look to allocate parental responsibilities to each parent. The court will likely wish to interfere in the child’s life as little as possible, which may, in turn, favor the stay-at-home parent since so much of the child’s routine will likely be associated with that parent. However, every case is unique, and other factors, such as the child’s relationship with each parent, will also be considered.

Spousal Support Considerations for a Stay-at-Home Parent

In many situations, stay-at-home parents may not have a steady income, as most of their time, if not all of their time, is devoted to taking care of the children and the family home. As a result, a stay-at-home parent may be entitled to spousal support. However, determining the amount of support may be tricky, as many factors are considered, such as the length of the marriage, contributions made by each party to the marriage, and the earning potential of each spouse involved. A stay-at-home parent may be able to receive higher spousal support payments due to their reduced earning potential. An experienced attorney can help ensure that your interests are protected during this process.

Going through a divorce can be a stressful time in anyone’s life, but what many people do not realize is that it can also drastically affect their taxes. Therefore, if you live in Illinois and are considering a divorce, it is critical that you understand the tax implications that may arise as a result of your divorce. In any event, if you are considering divorce, contact an experienced divorce lawyer to get the process started and to learn more about how you can protect your financial future as you go through your divorce.

Here Are the Ways Your Divorce Can Affect Your Taxes

When it comes to taxes, the most significant financial issue in a divorce is typically property division, child support, and spousal support payments.

Property Division

In Illinois, marital property is divided equitably, meaning that it is split between spouses as the court deems fit, depending on each party’s unique circumstances. Splitting that property and assets that have increased in value over the course of the marriage can result in distinct tax implications. An experienced divorce attorney can help you understand and navigate these implications to ensure you are not underpaid for any marital property and that all other considerations are accurately taken into account.

In Illinois, the division of assets in a divorce follows the principle of equitable distribution, meaning that marital assets are divided in a fair and just manner. When it comes to inheritance, matters become a little more complicated. An essential question that must be answered is whether inheritances are considered marital or non-marital property. Well, in the majority of cases, inheritances are treated as non-marital property, but not always. Discuss with your divorce attorney whether this inheritance is marital or non-marital property, as it will likely depend on a couple of key factors that you can discuss with your attorney.

Here is What to Know About Inheritances and Divorce

First, it is essential to identify the nature of the inheritance. Illinois law defines separate or non-marital- property as anything acquired before marriage, inherited or gifted to one spouse, kept separate from marital assets, or obtained through non-marital sources like personal injury settlements. Thus, if your husband inherited the money before your marriage, it is unlikely to be considered marital property unless he commingled it with marital funds. However, if he inherited the money during the marriage, there is a chance it may be subject to equitable distribution.

Let us discuss an example. Suppose your husband received a large inheritance of $40,000 before you became married. He then used that inheritance to use as a downpayment on a condominium for you and him to live in. For the next several years, you and your husband work to pay the condo off. As the years go by, you and your spouse decide to get divorced. In this case, the husband would not have a claim to the $40,000 he put into the condo since it was commingled with marital assets. However, the condo will likely be up for division since it was marital property during the marriage.

Divorce can be an emotionally traumatic experience for children that they may struggle to comprehend fully. It can be particularly difficult for divorcing parents going through a contentious divorce to help their children with everything that is going on, which may lead to further complications with the children, making the entire situation even more difficult. If you are a parent getting divorced and are concerned with how you can help your child cope with the situation, consult with a family attorney, as an experienced family lawyer will likely have past experience helping families and will have advice on how to improve the situation.

Tips on Helping Your Kids Get Through This Difficult Situation

Here are tips on how to proceed, including:

• Speak to them openly and in an age-appropriate manner – It is essential to be transparent and help your child understand the concept of divorce. Sit them down and explain to their level of comprehension the events that are happening. Please be advised to avoid engaging in degrading verbal tirades regarding your spouse, and their parent. Children often interpret a parent badmouthing another parent as a reflection of them. This can lead to lifelong emotional trauma.
• Assure them the divorce is not their fault – Children tend to believe that they are often the source of the problem when parents start to experience issues. Assure them that what is going on is in no way their fault.
• Look after their health and well-being – Divorce can take an enormous emotional toll on children. You must closely monitor their mental and emotional well-being as they move through your divorce. Enlisting the help of a therapist or support group specializing in families facing the same challenge can be a way to ensure your children get the emotional help they need.
• Reassure personal love and support – Make sure to continually remind your children that you and their other parent will always love them and remain a constant source of support for them throughout their life. This will help to maintain a stable family unit, even with a divorce taking place.
• Be cohesive on co-parenting – Communicate and set up boundaries and expectations regarding co-parenting. Work on ensuring that both parents attend significant events in the child’s life, such as birthdays, holiday events, and class plays. Cohesive co-parenting arrangements tend to create stability, ultimately benefiting children through the divorce process.

Contact a Kane County Family Lawyer

Contact the skilled and compassionate St. Charles family attorneys with Weiler & Lengle P.C. for guidance on supporting your children through this difficult time. Call 630-382-8050 for a private consultation.

 Child custody disputes during a messy divorce can be emotionally challenging for parents and children. The Illinois court system aims to prioritize the child’s best interests when determining custody arrangements, but child custody disputes can be complicated and challenging to navigate. That is where a skilled and experienced lawyer can be invaluable.

Common Challenges in Child Custody Disputes

When divorcing couples battle over child custody, they often face many complex issues, including parental alienation, false allegations, and divergent parenting styles. Through parental alienation, one parent may attempt to separate their offspring from the other, consequently damaging both relationships irreparably. False accusations of abuse can equally be destructive emotionally and legally in court cases regarding children. 

When parents have distinct perspectives on parenting their children, it can lead to tension between them and make reaching a consensus difficult.

During a divorce, both parties must be transparent about their assets--particularly businesses. However, some spouses may attempt to deceive or minimize the value of their business investments to gain an unfair advantage during settlement negotiations. If you sense your partner is lying about the extent of their corporate property, taking action without delay can be vital for safeguarding your rights and interests.

Legal Requirements for Asset Disclosure in Illinois Divorce Cases

Every divorce must fully disclose all assets, income, and liabilities in the marriage. This mandate is critical to achieving an equitable settlement since it guarantees that both parties will accurately grasp their financial circumstances. Whether those resources are shared or held separately, complete transparency is necessary for a successful resolution.

Failing to disclose assets can result in serious consequences, such as financial penalties, sanctions, and even contempt of court charges. The court may also alter the divorce decree once concealed assets are disclosed.

 Divorce is never easy, but the process can become even more complicated when business interests are involved. Whether you own a business, have a partnership, or are involved in other types of complex financial or business arrangements, hiring a skilled and experienced lawyer to guide you through the legal process is essential.

In this blog post, we will discuss some of the most challenging legal issues that arise in divorce and business cases in Illinois.

Business Division: Protecting Your Interests

When a couple divorces, dividing assets can be a complicated process, especially if a spouse owns a business. Business interests may be divided as part of the marital estate. In some cases, one party may have owned the business before the marriage or inherited it during the marriage. In these situations, it is crucial to identify the value of the business and the portion that should be considered marital property.

The end of a marriage can be a tough time, compounded by the stress and emotion associated with child custody. Understanding Illinois' laws regarding how child custody is decided is crucial to navigating this turbulent process with clarity and poise. To help you guide you through these murky waters, we will discuss key Illinois legislation on the subject and offer helpful tips for preparing for legal disputes over custodial rights.

Legal Standards for Child Custody in Illinois

In Illinois, the legal standard for determining child custody is the child's best interests. The court will consider a variety of factors when making a custody determination, including:

• The wishes of the child, if they are of an appropriate age and maturity to express their preferences

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A prenuptial agreement is a legal document that couples sign before they get married, which outlines how they will divide their assets and debts if they get divorced. While it may not be the most romantic topic to discuss before a wedding, creating a prenuptial agreement can be a wise decision for many couples. 

Before you draft a prenuptial agreement in Illinois, there are some important factors to consider.

Discussing the Prenuptial Agreement with Your Partner

One of the most critical factors to consider when creating a prenuptial agreement is communication with your partner. Discussing the prenuptial agreement openly and honestly with your partner is essential. You should explain why you believe a prenuptial agreement is necessary and listen to your partner’s concerns and opinions. Remember, the prenuptial agreement is not just about protecting your assets, but it is also about protecting your partner’s interests.

Divorce can be a difficult and stressful process, and the last thing you want is to be hit with unexpected tax obligations after the fact. If you are going through a divorce, considering your decisions’ tax implications before finalizing a settlement is essential.

Below are some key tax issues that arise during an Illinois divorce and offer tips for minimizing tax obligations.

Tax Implications of Divorce in Illinois

Divorce can have significant tax implications, particularly regarding property division, alimony, and child support.

If you are a business owner going through a divorce, you are likely concerned about how your business will be affected. Fortunately, there are steps you can take to protect your business during a divorce in Illinois. Here is what you need to know:

Identify the Whether the Business is Marital or Non-Marital Property 

Non-marital property is property that is not subject to division in a divorce. It includes property that was acquired before the marriage, property that was gifted or inherited, and property that is identified as non-marital in a prenuptial agreement or postnuptial agreement. If you have documentation showing that you started the business before marriage and did not use marital assets to finance or maintain it, this can be used as evidence to establish that your business is non-marital property. However, if you did not keep good records, it can be more challenging to prove that your business is non-marital.

If you have a prenuptial agreement that specifically outlines that your business is non-marital property, that agreement will be used to establish that your business is exempt from division in a divorce.

Divorce can be a complicated and emotional process, and mistakes made during this time can have significant consequences. That is why it is crucial to understand common mistakes to avoid, so you can be better prepared for what lies ahead.

In this blog post, we will cover some of the most common mistakes people make during a divorce and offer tips for avoiding them. Whether you are just starting the divorce process or are in the midst of it, this information will be valuable to you.

Mistake #1: Failure to Disclose All Assets and Liabilities

Another common mistake in divorce is failing to disclose all assets and liabilities. Full disclosure of assets and debts is required by law, and hiding or failing to disclose assets can have serious legal consequences. Failure to disclose all assets and liabilities can result in a court invalidating the entire divorce agreement and may lead to financial penalties.

In the best of circumstances, a couple agrees to end their marriage and is able to come to an agreement on all the issues involved in that decision, as well. Unfortunately, the reality is that when many couples reach the point to end their marriage, it is often the only thing they do agree on. The divorce process then turns into a battle over child custody, assets, and property.

When there are issues that the couple cannot agree on, their attorneys may suggest using experts to help resolve some of the issues and help navigate the process to a fair and equitable resolution for both spouses.

Child Custody Evaluator

A child custody evaluator is typically a licensed psychologist or social worker who provides an assessment of what type of custody arrangement would be in the child’s best interest. The evaluator will interview the child and the parents, as well as review both parents’ home environments. Once complete, they will present their recommendation for a parenting plan.

When a couple goes through a divorce, there are different phases to that process. One of those phases is the discovery phase. This is where each side gathers information in order to determine what they are looking for in the final divorce settlement. Having a skilled divorce attorney is critical in obtaining that information and evidence and protecting you from an intrusive and overly aggressive spouse's attorney. 

The Discovery Process

Discovery is used in both criminal and civil actions. The process itself is a legal and formal one and all parties must adhere to the procedures and rules put in place by the court in the case is being heard in. 

In a divorce proceeding, the goal of discovery is to ensure that both parties have the same information about their assets, debts, income, and other financial issues in order to negotiate a fair and just divorce settlement. 

You and your spouse have made the decision to end your marriage. Each of you is going through the process of hiring attorneys and adjusting to this new way of life. There is a myriad of decisions you will have to make throughout this process, including parenting time, where you will live, how your marital finances will be addressed, and more. Understanding the key points that should be decided in your divorce agreement is important in making sure you end up with a fair settlement. Having an experienced divorce attorney representing you is critical to that success.

Child Custody

One of the most important issues that need to be decided in a divorce is child custody. In Illinois, this is referred to as the allocation of parental responsibilities and also includes a parenting time schedule that determines when the child will be with each parent. It is not uncommon for parents to disagree over how custody should be divided – in fact it is more common for parents to disagree over custody than to agree, at least initially.

Your attorney will negotiate with your spouse’s attorney in trying to come up with a plan that both parties can agree on and also adheres to the best interest of the child doctrine, which is what every Illinois family judge bases their custody decision on.

There is no denying that many families right now are having a more difficult time making ends meet. Food prices, gas prices, utilities, and the price of all kinds of products have increased. According to the U.S. Bureau of Labor Statistics, the Consumer Price Index increased 6.5 percent for the 12 months ending December 2022.

While these increasing prices can be difficult for all families, single-parent households are often particularly hit harder. If the parent is receiving child support from another parent, are they able to request a modification in that child support to help cover these rising costs? Is inflation a basis for modification?

Child Support Modification

Under Illinois family law, a parent may file for child support modification every three years or if they have experienced a significant change in circumstances. In some cases, there is an automatic cost of living adjustment (COLA) for the child support amount. This usually only applies to child support that is paid through the Support Collection Unit (SCU). In order for an annual COLA to take place, the child support order must have been in effect for at least two years.

Many couples reach a point where they are no longer sure if they want to be married any longer. Even good marriages can hit bumps in the road. So how do you know when you are in a “this too shall pass” moment or if the marriage really has too many problems to work through and it would be better to divorce? The following are some signs that indicate it may be time to contact a Kane County divorce attorney and find out what your legal options may be.

Apathy

Just like the old song “The Thrill Is Gone” laments, one of the most difficult realizations a person can have when examining the state of their marriage is that they are no longer in love with their spouse. The spark that once was there has disappeared. If you no longer feel as if fighting for your marriage is worth it, it may not be. 

Avoidance

Having time to yourself is important, especially when juggling children, household duties, and work. But spending time with your spouse is also important to the health of your marriage. If you find yourself avoiding spending time with your spouse, looking for excuses to leave the house when they are there, and just avoiding making plans together, this is another indicator that there are issues in your relationship that may be impossible to fix.

Getting divorced brings about myriad changes in a person’s life. One of the most significant of those changes is the impact that divorce has on a person’s financial landscape. In many situations, a person getting divorced is going from a two-income household to a one-income household. If you are thinking about ending your marriage, there are some important steps you should take to protect your financial future.

Figure Out Your Budget

It is important to know what your monthly expenses are. Make a list of what your typical monthly expenses are, including your mortgage or rent, electric, heat, internet, phone, vehicle payment, child care, insurance, etc. This list should also include other expenses you may have such as entertainment expenses, vacations, out-of-pocket medical expenses, children’s extra-curricular activities, etc.

Once you have determined what your expenses are, take a look at what your monthly income is, including what it will be once the divorce process is complete. In addition to your income, will you be receiving child support and/or spousal support or will you be paying those obligations to your ex?

Most people who hear about prenuptial agreements think that these legal contracts are used by engaged couples who have high assets in order to protect those assets should the marriage not work out and they divorce. And while that is true, what is also true is that prenuptial agreements can also be used to protect one spouse from the other spouse’s debt should they divorce.

How Much Debt Are We Carrying?

Years ago, most people did not “live on credit.” Other than the mortgage on their home and vehicle loans, cash was king. If you wanted to purchase a large ticket item for your home, take a vacation, etc., you saved your money and then paid for the item in cash.

In the late 1960s and 1970s, retail stores began offering customers store credit cards, where the customer could charge their purchases and pay the balance off over time. Although there were some bank-issued credit cards during this time, MasterCard, Visa, and other major cards did not really gain popularity until the 1980s. Today, the average American owes approximately $5,200 in credit card debt.

It is not uncommon for married couples to sometimes go through periods of difficulties. The couple may try to work through these problems, but find them too overwhelming and question whether they want to stay married. While many of these couples will go straight to the phone and call a divorce attorney, some couples may be unsure if divorce is the right option for them. They may not be ready to take that permanent step of ending their marriage, yet they also know they do not want to live with their spouse at this time. In these situations, a legal separation may be the solution.

Legal Separation

When a couple decides to divorce, one spouse will file a divorce petition and the process will begin – working out a parenting plan, deciding the division of assets, setting spousal support, etc. When a married couple decides to take a break from each other, they may not think that they need to involve the court, without realizing that there are still legal issues that should be addressed.

Some of these issues include which spouse will remain in the family home, how much parenting time each spouse will have, and how the household bills are going to be paid. In order to ensure that both spouses are protected, they should enter into a legal separation. A legal separation addresses some of the same issues a divorce agreement does, but the couple is still legally married.