Recent Blog Posts
How Do I Make Sure My Ex Pays Spousal Support On Time?
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.
What to Expect from a Divorce Settlement Conference in Illinois
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:
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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.
Creating an Illinois Parenting Plan That Works for Everyone
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:
How Does a Prenuptial Agreement Help Couples With Business Assets?
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:
What Expenses Can Be Covered Through Illinois Child Support Payments?
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:
How Are Different Retirement Accounts Divided in an 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.
5 Ways to Combat Anxiety and Stress During Your Illinois Divorce
Deciding to get a divorce is a delicate and difficult matter. It is a decision that usually comes with careful consideration, deliberation, and thought. Although most people do not go into marriages thinking that it will end in separation, in some cases it is for the best. However, the divorce process alone can cause anxiety and uncomfortable feelings. The stress associated with this major life transition can sometimes feel overwhelming and all-encompassing. Acute anxiety may sometimes be helpful when it comes to big projects or public speaking by queuing to the body that there is something important happening, which often makes a person rise to the challenge. On the contrary, prolonged stress is not good for the overall health of the mind and body. The following are some practical tips for managing your emotional and physical well-being during your divorce proceedings
Taking Control of the Situation
The divorce process involves issues such as property division and the allocation of parental responsibilities if you have children, which can be daunting and difficult to navigate at the time. Here are some helpful tips to help your mind and body maintain wellness during the divorce process:
Which Spouse Gets Custody of the Dog in an Illinois Divorce?
Having a dog is an integral part of many family dynamics these days. Pets are there to offer comfort, provide companionship, give unconditional love, and more. They often become near and dear to the hearts of all family members. You may have heard the saying, “Dogs are a man’s best friend,” but what if they are a woman’s best friend, too? When it comes to divorce and allocating responsibility of the pet, things can become complicated. With more and more families opting not to have children, the custody of the family pet can be an especially important issue in an Illinois divorce.
Pets Are More Than Just Property
The connection to pets runs deep, and it can be traumatic for any dog owner who is faced with the idea of separation. In the past, according to the Illinois Marriage and Dissolution of Marriage Act, the division of a pet was classified under property and treated as such. Some pet owners considered this to be a somewhat cold approach, and therefore they fought to change this. Since January 1, 2018, a new law was put in place that allocated judges to consider the best welfare of the pet when contemplating which spouse should be awarded custody. This new legislation treats the allocation of pets more like deciding the custody of a child rather than the division of property.
3 Ways to Protect Yourself From an Abusive Partner During Your Divorce
Domestic violence is a serious issue that unfortunately affects many people. It is defined as a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. According to the Illinois Domestic Violence law, this occurs when a person hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a household or family member. If you or someone you know is considering leaving an abusive partner, it can take careful planning. That is why it is imperative to hire a skilled divorce lawyer to protect your rights and advocate on your behalf
Create Boundaries and Barriers
Leaving an abusive relationship can seem like an extremely daunting task. Typically, the alleged abuser has convinced his or her partner that they will be unable to live without each other. This is simply not true and is used as a scare tactic to maintain control over the relationship. Getting out of your marriage is crucial in instances when your well-being is at risk. Your first priority should be to seek safety for yourself and your children if you have any
Tips for Living With Your Spouse During an Illinois Divorce
Many struggles have accompanied the COVID 19 health crisis. Whether it be limited access to food, job loss, reduction of income, or isolation, it is safe to say that the past several months have been a hard time for everyone. However, if you are living with your soon-to-be ex-spouse, it can be even more difficult. If the pandemic hit right when you were thinking about getting a divorce, it could be that plans to legally end your marriage have been put on hold for various reasons.
Navigating the Proceedings Together
If you and your spouse are on OK terms, living with one another during the divorce proceedings can be a rather amicable experience. Since going through this pandemic can be a bit stressful, and perhaps isolating, it may be nice to have someone there for the company. But if that is not the case for you, it can be frustrating to cohabitate with someone you do not get along with.
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