Posted on October 14,2020 in Illinois Divorce

Divorce can be difficult for anyone, but it may be especially devastating for stay-at-home parents, who devote their time and energy every day to the care and well-being of their family. As a stay-at-home parent, you may be concerned about how the divorce will impact your children, as well as how you will support yourself without the income of your spouse. As you prepare for your divorce and life moving forward, it is crucial to identify your priorities so that you can focus your efforts on the issues that are most important to you.

Divorce Issues Affecting Stay-at-Home Parents

Certain aspects of the divorce process may be especially important for stay-at-home parents. You may find it beneficial to keep the following at the forefront of your mind:

• Spousal maintenance: Spousal support is not guaranteed in an Illinois divorce, but you can make a case for your need based on a variety of factors. Stay-at-home parents often do not have a steady income of their own, and they may not have the work history or education necessary to solidify their individual earning capacity immediately after the divorce. Stay-at-home parents can also sometimes argue that they should receive support because they have made sacrifices in their own careers for the good of the family and the career of their spouse

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 Posted on October 07,2020 in Illinois Divorce

Arguments over finances are a contributing factor in many divorces, and when money is already a contested issue, it can be concerning to consider that you and your spouse will have to divide your assets and debts as part of your divorce resolution. However, you may find it reassuring that not all property belonging to you or your spouse is subject to division. In Illinois, anything that is considered non-marital property will most likely stay with the person to whom it belongs.

Identifying Non-Marital Property

While you might take comfort in knowing that you can hold onto your non-marital property during your divorce, it can be a challenge to determine which assets and debts are considered non-marital. Under Illinois law, properties that are often defined as non-marital include:

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 Posted on September 22,2020 in Illinois Divorce

The holiday season is often a time of family traditions and togetherness, and while it can bring great joy, it can also be hard for anyone who has recently gone through a divorce. Going from being married to being single is a major life transition, and it can take time to adjust to this new lifestyle. The thought of celebrating without your whole family intact can be sad and overwhelming, but as the 2020 holiday season approaches, it may help to consider some suggestions that can make it easier to bear, and maybe even help you enjoy the holidays again with new traditions.

Suggestions for Managing the Holidays After Divorce

There is no denying that the holidays will look different after your divorce, but that does not mean they have to be something you dread. You can better prepare yourself for the holiday season by considering the following advice:

• Address holidays in your parenting plan: Without a clear outline or schedule in place, the holidays can be a major source of conflict between you and your ex. When negotiating parenting time during the divorce process, you should specifically address holidays to make sure that each parent gets quality time with the children. You may decide that the best approach is to alternate years for important holidays, or you may agree on an arrangement that allows you to share time each year.

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 Posted on September 16,2020 in Illinois Divorce

The decision to initiate a divorce is usually not one that happens overnight. In many cases, it comes after a long period of marital troubles and dissatisfaction, and the longer you put it off, the more challenging it may be to broach the subject. However, it is not possible to start working toward the future without first telling your spouse of your intentions. If you have decided that a divorce is your best option, you should think carefully about how to approach this difficult conversation before you begin the legal proceedings to end your marriage.

Tips for Starting the Conversation About Divorce

The first conversation with your spouse about divorce can set the tone for the entire process. A heated argument can make things more difficult in the long run, but a rational discussion can give you a better chance at a cooperative resolution. Here are some tips for telling your spouse that you want a divorce:

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 Posted on September 10,2020 in Illinois Divorce

Spousal support, also known as maintenance or alimony, is often an important element of an Illinois divorce resolution, especially for stay-at-home parents and anyone with significantly lower income or earning potential than their spouse. However, it can also be a major point of contention if your ex is resentful about having to pay support, and arguments can last well after the divorce is finalized if he or she fails to make the required payments on time. If your former spouse is regularly late in making payments that you rely on, you should work with an attorney who can help you pursue enforcement.

Spousal Support Enforcement in Illinois

The terms of a divorce agreement filed in court are legally binding, so as long as the original agreement includes a spousal support order, you have the option to pursue legal enforcement after your ex’s late payments. In some cases, it may be best to notify your former spouse in advance that you intend to pursue legal action, as this on its own may be enough to convince him or her to make the required payments.

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 Posted on September 03,2020 in Illinois Divorce

Divorce is rarely easy for either party given the major life changes it brings and the potential for emotions to run high, but the good news is that most divorces are able to be resolved through a settlement agreement. When settlements are successful, couples can avoid facing the time, costs, and publicity associated with a divorce trial. Just keep in mind that if you choose to pursue the settlement approach, it is still important to come prepared for negotiations, and that starts with understanding what to expect from a settlement conference.

Important Things to Know About a Divorce Settlement Conference

As you begin the divorce process, the more you know about settlement conferences in advance, the less likely you are to be surprised by the unexpected. Some important things to keep in mind include:

• A variety of important decisions may be discussed. If you and your spouse are able to cooperate, you can reach a settlement agreement on many different matters, including property division, spousal maintenance, child support, parenting time, and parental responsibilities.

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 Posted on August 25,2020 in Illinois Divorce

When you have children, getting a divorce can be especially difficult not only because of the emotional impact on the whole family but also because you will need to consider your children’s best interests along with your own when making many important decisions. However, with some effort and flexibility, it is often possible to reach an agreement on your Illinois parenting plan that works for you, your children, and your ex-spouse.

Factors to Consider in Your Parenting Plan

A healthy family dynamic is possible after divorce, but both parents must be willing to compromise. Your best chance at establishing a collaborative agreement on parental responsibilities and parenting time that meets everyone’s needs is to consider factors including:

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 Posted on August 20,2020 in Family Law

If you own a business prior to getting married, it is only natural that you would think about how your marriage will impact your business assets and operations, even in the happiest and healthiest of relationships. You have likely invested significant time, money, and effort into building the business up to its current state, and want to ensure it remains in good hands throughout your marriage and in the event of a future divorce. One way to protect your business assets is to pursue a prenuptial agreement with your soon-to-be spouse.

Benefits of a Prenuptial Agreement for Illinois Business Owners

Though it may be difficult to broach the subject of a prenuptial agreement with your partner, failing to be upfront with your needs can lead to problems in your marriage later on. An open discussion about finances can clarify where each of you stands and may help you both feel more comfortable about your marriage. For business owners, a prenuptial agreement offers several benefits, including:

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 Posted on August 13,2020 in Child Support

Whether you are getting a divorce or you are an unmarried parent, child support is an important concern. Of course, you will want to ensure that your children’s basic needs, including food, clothing, and shelter, are provided for. However, raising kids can often include additional expenses for which you may want contributions from the other parent. When you are negotiating or determining a child support agreement, you should think beyond the basics to consider all of these costs that are necessary to maintain your children’s quality of life.

Special Expenses to Consider in Your Child Support Calculations

When calculating child support obligations, the State of Illinois considers the children’s physical and emotional condition, educational needs, and the standard of living the children could have expected if their parents were together. Ensuring that payments meet these standards often requires the inclusion of more than just basic needs. Other common expenses that can be covered through child support include:

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 Posted on August 06,2020 in Illinois Divorce

When you make the decision to get a divorce, the financial implications can be just as important as the emotional implications, especially when it comes to your retirement savings. Contributions to a retirement account during your marriage are almost always considered marital property and are therefore subject to division between you and your spouse if you choose to end your marriage. With this in mind, you need to prepare for the possibility that your personal retirement assets will decrease and understand how to properly divide your accounts to avoid excessive tax penalties.

3 Common Types of Retirement Accounts in a Divorce

In an Illinois divorce, 401k accounts, Roth IRAs, and pensions are all considered in the division of assets, but each type of account involves its own unique considerations to ensure the distribution is handled properly.

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