630-584-5550
Recent Blog Posts
The Road to Divorce: Relationship Red Flags That Can Lead to Separation
No one likes to think about the possibility of an impending divorce, especially after spending months or years investing time and energy into a relationship. It is not uncommon for one spouse to feel blindsided by the news that their partner is considering divorce, or to experience shock that there is even a problem to begin with. The reality, though, is the road to divorce often begins long before the final weeks and months of the marriage. There are numerous red flags that can signal the potential end - or the beginning of the end - of a marriage, and it can be easy to dismiss these signs early on if you are not tuned into the root issues.
Paying Attention to the Warning Signs
Whether you are newly married and have been feeling uneasy about your recent partnership or you have been married for years and are beginning to question your marriage’s foundation, if you are sensing something is amiss, it is wise to pay attention to your instincts. Even if things seem to be running smoothly in the moment, those unsettling feelings are often an indicator that trouble is brewing. These warning signs can morph into much larger problems down the road if not acknowledged early on.
Division of Asset Obstacles and How to Overcome Them
Regardless of how much or how little you and your soon-to-be ex-spouse own, the division of assets in the divorce process can significantly impact your financial standing after your marriage is over. Whether you need to look out for your own well-being or you have additional family members to care for after the separation, money matters. What you and your spouse split and how you split it will be a defining factor in the overall quality of your long-term financial security.
Where Asset Division Can Get Tricky
Determining Value
Some couples make the mistake of believing that the most important factor in the division of assets is the flat dollar value. Whatever something is worth must determine its overall value and it should simply be divided evenly, right? This is not always the case. When it comes to most assets, their worth must be based on more than just their dollar value. For example, you must take into account factors such as an asset’s liquidity as well as how its sale will be affected by taxes. The long-term worth of a piece of property is just as important as its immediate worth.
How Will Your Divorce Affect Your Taxes?
Divorce can be overwhelming on its own, but adding the possible tax implications of divorce to the mix can definitely contribute to the stress of the process. You and your spouse have already decided to split. Your lifestyle, future, and any children you both share will be affected by the separation. Decisions must be made regarding filing the paperwork and how you will handle mediation or time in court. The last thing you are probably thinking about when you are ending your marriage is your taxes, but the reality is that your divorce does have the power to impact your taxes both during and after the transition.
Filing Status
The first factor you should be aware of is your filing status. For example, the “Head of Household” status typically provides a slight advantage to divorcing taxpayers, compared to the “Married Filing Single” or “Single” statuses, but certain requirements must be met to be considered head of the household, so you need to ensure you are in line with those requirements first.
Legal Separation: Is It Right for You?
For some couples facing marital troubles, divorce as a solution is a last resort and legal separation is the first course of action. There are countless reasons you or your spouse might not be ready to call it quits just yet, and legal separation allows you time to assess the damage and decide whether or not divorce is the right choice.
How Is Legal Separation Different from Divorce?
Like divorce, legal separation is a legal action that officially deems you both separated in the eyes of the law. However, legal separation is a term and is not an actual divorce. According to the law, you are still married and may not marry other people. Your property and possessions are not divided up unless you ask the court to divide those things for you. The court can decide other things with a legal separation, such as child support, parenting time (visitation), and allocation of parental responsibilities (child custody).
Why Mediation Is the Perfect Recipe for Amicable Divorce Resolution
Couples looking for a smooth, amicable divorce solution often turn to mediation to settle their differences and come to agreement on lifestyle arrangements following the end of their marriage. While it is true many divorces can take a turn and become messy, the bulk of them actually result in a peaceful, mutual split. It is not uncommon for this kind of separation to stem from a thorough, professional mediation process.
Why Do Amicable Divorces Benefit from Mediation?
Respect: Although mediation is typically pursued by couples who struggle with conflict resolution, those experiencing amicable divorces greatly benefit from the mediation process as well due to one simple factor: Both spouses are interacting in a civil manner. Couples who are already cooperating with one another and communicating peacefully are on the fast track to success when they enter mediation. The trained mediator can more effectively do their job to facilitate settlements and manage negotiations when both parties leave hostility and conflict at the door. If your divorce is mutual and you and your spouse are communicating with respect and patience, your meditation experience can be a positive, productive one.
Are You Guaranteed Alimony after Divorce in Illinois?
Among the many questions divorcing spouses have following a separation, questions regarding alimony, also known as spousal maintenance, tend to be a big concern. This is particularly true for stay-at-home parents or spouses who are not the main earners in the household. Taking on greater financial responsibility - or in some cases, any financial responsibility at all - can be a scary thing, especially when one spouse has become accustomed to a certain lifestyle and is suddenly thrust into a new routine.
Alimony’s Nationwide Evolution
As societal roles and career opportunities have changed for both men and women in recent decades, so have the expectations and allowances surrounding spousal maintenance. More women are working now more than ever, and the concept of stay-at-home fathers is far from new. According to Labor Department statistics, nearly three-quarters of women work. In the year 2010, 97 percent of the 400,000 people receiving alimony were women, and that trend has been a continual one.
Selecting an Illinois Adoption Attorney
Some hopeful parents plan to adopt for months, sometimes years, before they actually begin the official adoption process. The road to adoption is often a long and tedious one, but thoroughly rewarding and fulfilling for the individual who desires to be a parent and share their life with a child in need of a home.
If you are about to embark on the adoption journey or have already taken the first step, it is important to secure the right attorney, as you will need proper representation from start to finish to ensure your rights are protected throughout the process. Here are some things every parent should know when beginning their search for an adoption lawyer:
- You have the right to choose your own attorney. If you are adopting a child under the care of the Illinois Department of Children and Families, Illinois law gives you the right to choose your own attorney. The same goes for adoptions through private agencies; you can select the lawyer of your choosing that you believe will be the best fit for your situation and your family;
Determining Child Support Obligations in Illinois
If you are a divorcing parent in the midst of arranging child support, chances are you are also juggling to manage other parent-child issues that come with separation, such as the allocation of parental responsibilities (child custody) and parenting time (visitation). The child support you receive is important for the mere fact that it enables you to care for your children after the divorce, but it can also have an impact on your lifestyle with your children as a whole once the family transition is completed.
Receiving a just and reasonable amount of support can ease tension between you and your spouse, which can mean more peaceful interaction during custody and visitation exchanges. In general, the smoother the child support process goes, the better chance you have at experiencing a smoother transition all together. So, how does the state calculate child support amounts? Which factors are considered when determining those amounts?
Parenting Time: Do Fathers and Mothers Have Equal Rights?
Divorce and separation can be difficult on the entire family, especially when it comes time to address the allocation of parental responsibilities (child custody) and parenting time (visitation), as these issues impact the lives of both parents and children. A new lifestyle is born, and new routines are put into place, forcing everyone to adjust and adapt to many big changes at once.
Unmarried Parents Versus Married Parents
One question that often plagues the mind of parents undergoing divorce is whether or not their rights are equal. The subject of father’s rights are particularly concerning, as many children end up residing with the mother after a divorce. Do fathers receive the same rights? Is their desire to participate in the lives of their children taken just as seriously as the mother’s needs and wants?
What You Need to Know If You Are Sending or Receiving Child Support
Whether you are a non-custodial parent looking to participate in your child’s life or you are the main caregiver in your household, providing and managing financial support for your children following a divorce is important to the well being of your entire family. Thankfully, the state of Illinois offers a plethora of resources for divorcing parents to aid them with the transition.
If You Are Receiving Support
Child support is one topic that raises many questions for parents wading through the divorce process. If you are the parent receiving the financial support, the Illinois Department of Healthcare and Family Services has made it possible for you to access your case information online and to receive your child support payments electronically, in one of two ways: direct deposit or bank debit card.
With direct deposit, the custodial parent can have support funds sent directly to a checking or savings account of their choice, or they can utilize the debit card option, which involves a special debit card that allows funds to be credited to its account. You can then use that debit card anywhere it is accepted. Think of it as a bank account designed just for your child’s needs.
630-584-5550