The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

North Aurora divorce attorney asset division

When it comes to divorce, there are many different topics that must be covered to complete the process. One of the most important topics is the asset and property division process, which is notorious for being stressful for some couples. During the division process, you and your spouse will have to determine how you will divide everything from the value of your home, the money in your retirement accounts, all the way down to the vehicles in your garage. Dividing your assets is an important process, which is why legal guidance from an experienced Illinois divorce lawyer can be beneficial.

Factors to Consider

Before you get down to business about how to divide your vehicles, you should be sure to consider all relevant information. These factors can include:

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Batavia divorce attorney parenting plan

For many parents, the most difficult part of the divorce is the children. How will they react to the news of the divorce? How much time will I get to spend with them each day? Who will pay child support to whom? These are some of the things that may be running through your mind as you go through a divorce as a parent. The good news is that many, if not most of your questions will be answered once you and your spouse come to an agreement on a parenting plan for your children. In Illinois, you are required to file a parenting plan that outlines certain issues before you can finalize your divorce. Your parenting plan can also be a valuable tool to utilize when you set out to co-parent with your spouse after the divorce.

Provisions to Consider Adding

Co-parenting is never easy, even when you are doing it with your spouse when you are married. Co-parenting with an ex can be especially stressful and emotionally taxing, but a clear-cut parenting plan can help take some of the uncertainty out of what the expectations of each parent are. Illinois courts require certain elements to be present in a parenting plan for it to be valid, such as a parenting time schedule and an allocation of parental responsibilities. You may want to consider adding other provisions such as:

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Oswego gray divorce attorney

When talking about divorce, most people are familiar with the commonly cited fact that around half of all U.S. marriages ultimately fail. According to the Pew Research Center, the general divorce rate in the United States has actually been decreasing since 1990. When you look at adults who are over the age of 50, however, the divorce rate has actually increased. Ten out of every 1,000 couples over the age of 50 got divorced in 2015, which doubled from 1990. Among those who were age 65 and older, the divorce rate actually tripled between 1990 and 2015. Getting divorced when you are over the age of 50, which is also referred to as gray divorce, can be a complicated process, and that is why hiring a knowledgeable attorney is so important.

Attitudes About Divorce Are Changing

Even just 30 years ago in 1990, there was more of a negative stigma surrounding divorce than what exists in today’s world. If you got divorced back then or even longer ago, it was scandalous and wrong. Now, getting a divorce is seen by many as the right thing to do if you find yourself in a loveless or unsatisfying marriage. Gray divorces could be more prevalent because of this shift in public attitude.

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Yorkville divorce attorney parenting time

Two of the most contentious topics in marriage and divorce are finances and children. Tensions often run high when it comes to determining things such as allocating parental responsibilities and parenting time. After all, it is only natural for both parents to want to spend as much time with the child as possible, but after a divorce, it is unlikely that either parent will get as much time with the child as he or she wants. The general consensus is that it is in the child’s best interest to have a relationship with both parents, which is why the default decision for the court is to award parenting time to both parents. However, in some cases, there may be factors present that could cause the courts to restrict parenting time or order supervised visitation. 

What Is Supervised Parenting Time?

In most cases, parenting time is restricted because one parent expressed concern about the well-being of his or her child while under the care of the other parent. The court will order supervised parenting time if it finds evidence to prove that spending time alone with the parent would endanger the child’s physical or mental health or impede the child’s emotional well-being. Supervised parenting time means that a third party “supervisor” must be present during all parenting time. This supervisor can be a professional, such as a social worker or a behavioral specialist, or it can be a friend or a family member. Whoever the supervisor is, the court must approve the person chosen in the parenting time order. The order can also include other requirements such as:

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Yorkville divorce attorney spousal support order

When you see divorces take place in movies or TV shows, they only seem to take a day or two to complete. In reality, getting a divorce could take months or even years, depending on the circumstances of your specific situation. The divorce process can be rather tolling, both emotionally and financially. For some, it can feel like a burden has been lifted once the judge approves the divorce agreement and signs the decree. However, this does not mean that you will never have to look at this piece of paper again, especially if you have a child together or you get remarried. Your divorce agreement will also contain information about your child support terms and about spousal maintenance terms if you have them.

How Will Remarriage Affect Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a person is no longer obligated to pay spousal maintenance payments if the person receiving the payments gets remarried or moves in with another person on a continuing and conjugal basis. As per the IMDMA, that person must also notify the paying party within 30 days or at least 72 hours of the intended marriage or cohabitation, the date of which the support obligation ends. The court can order the receiving party to reimburse the paying party if it was found that advance notice was not given or overpayment was made. On the other hand, if the person making the maintenance payments moves in with a significant other or remarries, the maintenance payments would not stop.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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