Posted on November 13, 2021 in Divorce

There’s probably no good time for a divorce, but January seems to be the preference for a lot of couples. In fact, the American Academy of Matrimonial Lawyers says that January sees about one-third more new divorce filings than normal. Google reported in 2019 that searches about divorce peaked during the second weekend in January.

People don’t suddenly wake up on New Year’s Day and decide they’re unhappily married, so why do so many “pull the trigger” and seek a divorce in January?

Why people may wait until January to break up

While every marriage is different, there are some common themes behind the January rush to divorce. They include:

• They want to give their spouse one last happy holiday season together (or, at a minimum, not wanting to ruin the season by seeking a divorce at the end of the year).
• Parents may not want to disrupt the children’s holiday and make them associate this time of the year with their parents’ break-up.

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 Posted on November 11, 2021 in Child Support

In Illinois, child support is determined by a number of factors. One of the most common questions parents ask when it comes to child support is, “What will happen if the paying parent refuses or falls behind in their payments?”

Regardless of the reasons why the non-custodial parent is not able to follow through with child support payments, one thing is certain that they may have a legal dilemma.

Parental vs. legal obligations

Whether married, separated, divorced or never married, every parent is responsible for their child’s financial and emotional well-being. There are laws in place to ensure that children receive what they deserve to live a happy and healthy life. Most often, the court will direct the non-custodial parent to make child support payments to the custodial parent for the child’s basic needs.

Several factors are taken into account when determining the child support amount. These include the child’s needs, each spouse’s income as well as the parents’ other financial obligations. Illinois utilizes the Income Shares concept to determine child support amounts. With this concept, the total child support amount is calculated based on both parents’ net income. The amount is then divided between the parents according to the percentage of their combined income.

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 Posted on October 29, 2021 in Child Custody

Most of the time, your child custody schedule looks pretty simple. You get the children one week and then your ex gets them the following week. You make the exchanges after school, on Fridays.

But the holidays always get a bit more chaotic. Schedules change, of course, but it’s not just that. It’s also that you would both like to be involved. If it’s your ex’s week to have the kids on Thanksgiving or Christmas, that’s hard. What are some other solutions?

You could celebrate together

If you and your ex are on fairly good terms, you could celebrate together and include everyone. The kids will probably prefer this, as it’s easiest for them and they get to see both of you, so the question is just whether or not it feels feasible for you and your ex.

Cut the holiday in half

Another option is to split the day. The kids could wake up at your house in the morning and then go see your ex around lunch. They get two holiday parties, which they’ll enjoy. The only downside is that the middle of the day is spent in the car, switching homes.

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 Posted on October 24, 2021 in Divorce

When two people fall in love with each other, they hope to get married and live happily ever after. The last thing they want to think or talk about is divorce. However, remaining married is not always possible. Sometimes, divorce happens, and life goes on after that.

Without proper preparation, divorce can have a lasting impact on a person’s emotional, social and financial wellbeing. The fact of the matter is, there are things you should not do when going through the divorce process in Illinois. Here are some of them:

Opting for the wrong type of divorce

Contrary to what you may think, there are many ways of ending a marriage in Illinois. When you think of the word divorce, chances are what comes to mind is the litigated divorce that is presided over by a judge. However, it is important to note that the state of Illinois highly encourages divorcing couples to work together to resolve the issues pertaining to their divorce out of the courtroom through mediation and collaboration. Both collaborative and mediated divorces are usually cost-effective in comparison to litigated ones. Settling for the right type of divorce for your situation can greatly impact the outcome of your case, so it is important that you carefully weigh your options.

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 Posted on October 18, 2021 in Family Law

Married couples acquire all kinds of personal property and financial obligations during their relationships. When couples divorce, they often have to figure out how to split up their property and the debts that they share.

Under the Illinois equitable distribution standard, the goal of litigated property division is a fair outcome. Judges must review the property and debts a couple shares and the unique circumstances of their marriage to arrive at a decision regarding the distribution of both the property and the death.

Although people often focus on the division of property in a divorce, that can also be a major concern. If one spouse has substantial student loan debt, is that debt possibly divisible in the divorce?

When did that spouse incur the debt?

Like with assets, certain debts can be separate property that aren't subject to division by the court. Debts held prior to marriage will usually remain the sole responsibility of the spouse who incurred the debt.

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 Posted on October 16, 2021 in Child Custody

Raising children with your ex isn’t always easy, but it’s a fact of life for many people. Being able to come together as a parenting team can make this a bit less stressful. Successful co-parenting isn’t always simple, but the children usually benefit when parents can make it work.

One way that you can improve the situation is to remain positive. There are many things to consider if you want to make this work. One of the most important is to remember that the focus has to be on the children. Remembering that simple point may help to reduce the contention between you two considerably.

Take care of yourself

Taking care of yourself can reduce your stress. It might be hard to find time for yourself when you have the children with you, but you may have a better chance when your ex has the children. Feeling your best is usually possible if you eat a healthy diet, get some exercise, and take the time to rest.

Focus on good things with the children

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 Posted on October 11, 2021 in Divorce

It is only natural to feel distressed or frustrated at times during the divorce procedure. Separation is a major life event that can impact the family.

However, divorce can also be looked at in a positive light as a chance to build for the future. As a result, it may be beneficial to avoid behaving negatively toward your spouse if the temptation should arise. Outlined below are three negative behaviors that might be worth avoiding.

Attempting to hide marital assets

When tensions run high, spouses may be tempted to act out of spite. Occasionally, an individual may believe that spending marital assets or attempting to hide them will harm their spouse. However, behaving in such a manner is unlikely to assist anyone. In fact, the courts may deem this to be in violation of the law and could seek to restore balance by awarding the other party a greater share of marital properties.

Making disparaging public statements against your spouse

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 Posted on October 02, 2021 in Divorce

The divorce process can be trying at the best of times. Separating from your partner is a significant and life-altering decision.

In other aspects of life, we tend to set goals so that our intentions are clear and our expectations can be managed. This process can also be useful during a divorce. Asking yourself the following questions can help with good goal setting:

How quickly do you want your divorce to be finalized?

Every situation and divorce are different. If you have been married only for a short time and have no children or major assets, then a divorce could be finalized relatively quickly. Similarly, if you’ve already emotionally moved on and are involved with someone new, getting through your divorce as fast as possible may be more important than what you get out of your property settlement.

If you have been married for a significant number of years or there are several disputes to resolve, the divorce process could take longer. Managing your expectations around these issues could make the process easier for you.

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 Posted on September 27, 2021 in Child Custody

Parents generally don't have to worry all that much about having to prove that they're fit to parent while married or things are going well in their relationship. Absent allegations of abuse or neglect, no one generally questions their ability to parent.

During a divorce, however, custody disputes can become fierce. While you may be conscious of many things that can affect the outcome of your case, there are some more obscure concerns — like the following — that could end up with the same result:

Poor hygiene and appearance

Someone's personal grooming habits can say a lot about how well they take care of themselves and their surroundings, such as their car or home. This is, in part, why judges like parents to appear in front of them before they render any custody decisions.

A judge might worry about how effective you'll be at parenting if you appear in their courtroom disheveled and unkempt. Since we know that poor hygiene can give way to illnesses, a judge may avoid awarding you custody if they're unsure that you can preserve the good health of your child.

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 Posted on September 20, 2021 in Divorce

If you want out of your marriage, why on earth would consider living with your ex-spouse after your marriage is over?

Well, mostly for the sake of convenience. Maybe you have young children, and neither you nor your ex-spouse wants to disrupt their lives until they’re old enough to understand the concept of two different homes. Maybe your teenager is close to graduating high school, and you don’t want them to have to finish at a new school. Maybe you both just like where you live and can’t afford a similar lifestyle on your own.

Whatever your reasons, living with an ex-spouse can work — as long as you follow some basic guidelines:

No new partners get to come to the home

You and your ex-spouse both need to be free to move on — but neither of you should shove a new partner in the other’s face.

Make an agreement that you will both keep your new relationships away from the home. (If one of those relationships turns serious, then it’s time to end the post-divorce cohabitation.)

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