Posted on December 00,0000 in DuPage County divorce lawyer

The idea of planning for your divorce before you are even married can seem counterintuitive to many, unromantic to some, and just plain wrong to others. While nobody wants to admit it, the prospect of getting divorced is a very real one. Depending on the source, the divorce rate in the United States fluctuates between 40 and 50 percent. Although prenuptial agreements may still hold a negative stigma, they are becoming more popular than ever, for a couple of reasons. For one, the average age of marriage has increased dramatically from what it was just a couple of decades ago. People who are older tend to be more established and have more assets and property that they want to protect. If you are thinking about getting a prenuptial agreement, the following are a few ways it can benefit you and your spouse:

You Get to Choose How Your Property Is Divided

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 Posted on December 00,0000 in DuPage County divorce lawyer

The relationship between a child and his or her parents is something that is crucial to the healthy emotional development of the child. The majority of parents want to be there for their child’s special moments and spend as much time with them as possible during their childhood. When parents are going through a divorce, the time spent with their child often becomes a highly contested issue upon which many parents cannot easily agree. Studies show that children do best when they form a bond with both their mother and father, which is why Illinois encourages parents to have shared parenting time. Something that is known as the right of first refusal (ROFR) can be a bonus for parents who split parenting time with their ex-spouses.

Illinois Parenting Time

In Illinois, the court strongly encourages parents to come to an agreement on parenting time schedules on their own. When parents both draft a personalized timetable and agree to it, they are more likely to adhere to the schedule. If they are unable to come up with a parenting plan, the court will make a decision as to how parenting time is allocated. Unless there is evidence that dual parenting time would be harmful to the child, the court will award visitation time to both parents.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Divorce statistics are often misconstrued, and it can be difficult to determine what the true divorce rate is in the United States. One of the figures that most statisticians can settle on, however, is that the general divorce rate is declining, while the rate of divorce for those who are over the age of 50 is rising--and has been for the past couple of decades. A “gray divorce” is a term that is used when two people who are over the age of 50 decide to divorce. At that point in their lives, they have typically been married for decades, and they may have many more issues that need to be addressed, especially when it comes to finances. If you are thinking about getting a divorce, and you are over the age of 50, you should be aware of some of the differences that you may face compared to your younger counterparts.

Stakes Are Higher During Asset Division

When going through the process of dividing your marital assets, earning potential is something that becomes important. For couples who are in their 20s, 30s, or 40s, they still have plenty of earning potential. Couples who are divorcing in their 50s or later are close to retirement, if they have not already retired, meaning their income will be fixed, and their assets will not grow anymore. This makes the stakes higher when it comes to figuring out who gets what in the divorce.

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 Posted on December 00,0000 in DuPage County divorce lawyer

As much as it is an emotional process, a divorce is also a legal process that is meant to separate you and your spouse from having anything lawfully in common. Like any legal proceeding, this can take time to complete, especially when it comes to the division of your assets. This is typically a point of contention between spouses when getting a divorce. When you are married, you and your spouse may have accumulated a lot of property together, but asset division deals with much more than just physical property. You must also divide things such as retirement funds, bank accounts, life insurance, and even any debts you and your spouse owe. The state of Illinois has a specific process for doing this, and it is important that you understand how your assets will be divided in the event a judge must intervene.

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 Posted on December 00,0000 in DuPage County divorce lawyer

During the asset division phase of your divorce, you and your spouse will decide which marital assets you each get to keep. What you may not realize is that you will also have to figure out who will be responsible for your debts. Any debt that you and your spouse jointly incurred during your marriage is considered marital debt. This means both you and your spouse will be responsible for repaying that debt after you are divorced. When it comes to dividing what you owe, things can become contentious, since debt is one of the few things in your divorce that you will not be fighting to keep.

Try to Be Debt Free Before You File

Creditors do not care what a divorce decree says. All they care about is being reimbursed. Even if your spouse was ordered to pay back a certain debt, if your name is on that account, and your spouse does not pay, you could be held responsible. The easiest way to prevent any issues arising from your debt is by not having any debt when you file for divorce. This is not a possibility for some, though you should still try to wipe out as much marital debt as possible before you file for divorce.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Many people who get a divorce state that finances were the reason or at least played some part in the breakdown of the marriage. For those couples--and many other couples--the stress of money does not stop there. Many divorces are also quite contentious and filled with anxiety over the couple’s financial issues. Most couples have their assets intermingled in some way, and when they get divorced, they have to figure out how to separate them. Below are a few common financial issues that divorcing couples face and how best to deal with them.

Assessing Your Assets

Not all assets were created equally. Before you begin to do anything involving your finances, you need to understand them. Make a list of every asset you have. These can include:

• Cash

• Savings accounts

• Checking accounts

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 Posted on December 00,0000 in DuPage County divorce lawyer

Making the decision to get a divorce is never easy. For many people, it takes months or even years to come to the conclusion that a divorce is their best option. Once a couple has accepted the idea of ending their union, they do not want to regress by going through a contentious and drawn-out divorce. For some couples, a collaborative divorce is a solution that works best for them. A collaborative divorce is a dispute resolution process that takes place in conference rooms or lawyers’ offices, rather than in the courtroom. The collaborative divorce process offers many benefits that the traditional divorce process cannot offer, including:

Less Hostility

One of the benefits that a collaborative divorce offers is the possibility of a more civil, less hostile divorce process. In a litigated divorce, you and your spouse are likely to have much more contention and may not be able to come to an agreement on issues. This does not mean that you and your spouse will not disagree with one another or that the negotiations will be simple in the collaborative process. However, you and your spouse are working together to create solutions that will benefit everyone in a collaborative divorce.

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 Posted on December 00,0000 in DuPage County divorce lawyer

If you think your divorce is stressful for you, it can be even more taxing on your children. For kids, their parents' divorce is a very confusing and tumultuous time. While it is completely normal for children to be sad, uncertain, or even angry when their parents are going through a divorce, it is important for you to understand that there are things you can do to make the change somewhat easier. Divorce is a process, not only for you but also for your children. Your job as a parent is to help your children through this process so they are able to come out on the other side stronger and more well-rounded individuals.

Breaking the News

Many parents do not know how to talk to their children about divorce, much less how to break the news to them. The way you first tell your kids about your divorce can set the tone for the entire healing process. You should tailor your conversation to your children; if they are younger, it is best to keep the message simple and sweet. If you have older children, you can provide a little more detail, but it is still important to only share the information they need to know.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Change can be hard for anyone, but it can be especially difficult for children. When it comes to divorce, children will typically experience a lot of change in a short period of time. Their living arrangements will change dramatically, they will not be spending as much time with either parent anymore, and in some situations, they may even have to adapt to new routines. All of this change can be hard on children, because they depend on stability and routine so much. This is a known fact, which is why the state of Illinois requires every divorcing couple who has children to create a parenting plan before they can finalize their divorce.

What Is a Parenting Plan?

A parenting plan is a legal agreement that contains information about how two parents will take care of their children once they are separated. In Illinois, a parenting plan will contain information about how parenting time is divided, along with how parental responsibilities are allocated. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains the basic elements that all parenting plans must include in order to be approved.

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 Posted on December 00,0000 in DuPage County divorce lawyer

For many couples going through a divorce, their biggest worry is how it will affect their children. Most people think that the only children who will be affected by divorce are those who are still young and living with their parents. In reality, children of all ages can still feel the effects of their parents’ divorce, even when they are adults. When parents who have adult children get a divorce, it can be particularly difficult for the whole family, because these marriages have typically lasted for years, if not decades. If you have older children, and you are going through a divorce, it is important to be sensitive to their feelings and needs. Here are a few tips to follow to help your adult children during this family transition:

Tell All Your Children at the Same Time

Once you and your spouse have made the decision to end your marriage, it is usually best to tell all of your kids at the same time. You should schedule a specific time and place to inform your children together in a family meeting. It is never a good idea to confide in only one child first because it would be unfair to expect him or her to keep that secret until you are ready to tell everyone.

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