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

630-409-8184

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Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Getting a divorce is a time-consuming, stressful and frustrating process. Not only are you legally separating yourself from your ex, but you are also emotionally cutting them out of your life - a divorce is a loss and it should be treated like one. There are many considerations you must make when you get a divorce and that are a lot of ways you can make mistakes, but an Illinois divorce attorney who has experience in successful divorce cases can help you make the right decisions for your family. From issues with finances to issues with your emotional wellbeing, here are five mistakes that you should avoid making during your divorce: Not Being Prepared and Informed The thing that is going to help you most during your divorce is being prepared with all of the information that you are going to need and being informed about your financial situation. Prior to beginning a divorce, make sure you have enough money set aside for legal fees, court costs and other costs you may incur. You should also have copies of all important financial documents and records including bank statements, pay stubs, tax returns, property deeds, vehicle titles and registrations, wills and trusts and any other pertinent information. Not Considering All of Your Options Many people think that their only option when it comes to divorce is the traditional divorce litigation. Now, there are many forms of alternative dispute resolution to choose from when you want to divorce, including mediation, collaborative law, and simplified dissolution. You should talk with an attorney to discuss all of your options before you choose one. Not Putting Your Children First With everything that you are thinking about and dealing with during a divorce, your children can be unintentionally put on the backburner. You should always have your children at the forefront of the decisions that you are making. Make sure you have a parenting plan created when you get a divorce so that you and your children know what will happen once the separation is final. Letting Your Emotions Take Over Though it may seem impossible, letting your emotions get the best of you during your divorce is not good for anyone. You may have feelings of anger, sadness, grief, and resentment boiling in your mind, but you cannot let those feelings fuel your decisions that will affect you for the rest of your life. Seeing a counselor or therapist can help you sort out these emotions during this troubling time. Not Hiring a Knowledgeable DuPage County Divorce Lawyer

One of your biggest mistakes can be not hiring competent legal representation. You should always have some sort of legal counsel with you when you are negotiating terms of your divorce settlement so that you can be informed about the decisions you are making and how they will impact you later. By hiring a well-versed Aurora divorce lawyer, you can be sure that all of your needs are being taken care of. The attorneys at the Law Office of Matthew M. Williams, P.C. will advocate for you and guide you every step of the way through your divorce. Call the office at 630-409-8184 to schedule an appointment.

 

Sources:

https://www.huffingtonpost.com/cheryl-and-joe-dillon/common-divorce-mistakes_b_6057888.html

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divorceAs summer comes to a close, children are returning back to school, some of which are excited to begin learning new things, while others are depressed that summer vacation is over. While some children are anxious to begin the new school year, some parents are as well. New school years can bring about issues for some divorced parents, such as purchasing school supplies, managing permission forms, communicating with teachers, and parent-teacher conferences. Back-to-school time can be daunting for divorced parents, which is why it can be beneficial to keep these tips in mind when dealing with issues that may arise throughout the school year:

Split the Cost of School Supplies

With the start of a new school year comes the need for new school supplies. With a long list of pencils, crayons, paper, folders and scissors that the teacher sends home, plus new school clothes, uniforms, shoes, a backpack and lunchbox, it is safe to say you will probably be spending a small fortune on these items. If you and your spouse do not have a prior arrangement worked out, it is a good idea to split the cost of these supplies, so one of you is not bearing the brunt of it.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, comprehensive parenting plan, In addition to dividing property, savings accounts, and retirement funds, many divorcing couples also have children that they must make arrangements for. Divorce is hard on everyone in the family, but it is arguably the hardest on the children. By creating a comprehensive parenting plan that encompasses as many issues pertaining to the children as possible, you can help eliminate some of the trepidation and mystery that a divorce brings.

Parenting Plan Is Required by Law

Under Illinois law, all couples who are divorcing and have children together must submit a parenting plan that covers a certain set of issues. These parenting plans help the court decide what the proper course of action is when awarding parenting responsibility and parenting time. If a couple does not have a comprehensive parenting plan to submit to the courts, they will be required to attend mediation to come up with a parenting plan that is agreeable to both parents.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Those who have gone through a divorce will tell you that it is no easy feat. In addition to all of the logistics of a divorce, it also comes with emotional worries and changes, especially to children. Children are usually flexible and good adapters, so most children are fine after a short period of reassurance from their parents. In order to ensure that your child understands the divorce and transitions to their new life, it is important that you understand how to talk to your children about the divorce. Here are five tips that might make telling your kids a bit easier:

  1. Choose the Right Time to Tell Them

Timing is everything. If you and your spouse are just fighting, do not tell your kids that you are getting a divorce because you threatened one in a fight. Kids can be sensitive about divorce, so until your divorce is finalized or close to being finalized, you should hold off on the conversation.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,One of the most complicated and confusing times of your life can be your divorce. Divorce can bring about a plethora of emotions such as anger, jealousy, resentment, sadness, and rage. These emotions are normal, but they can make you lose sight of what is really important when it comes to divorce. Here are some do’s and don’ts that you can follow during your divorce to help you keep your sights on what is important. These tips can help remind you of what you should focus on during your divorce.

Do:

  • Stop arguing with your spouse. It is doing nothing positive for you or them and is only stressing you out more.
  • Try to resolve things together. Your goal should try to keep things as amicable as possible between you and your spouse. It will save you a lot of time, money and stress in the long run.
  • Eliminate intimacy between you and your spouse. Any kind of emotional, verbal and physical intimacy can be confusing if you are in the process of getting a divorce.
  • Think of divorce as a business transaction. Though you are emotionally severing ties, marriage is a legal contract and you should try to think of your divorce as an ending of that contract.
  • Fight for your fair share in the divorce settlement. In Illinois, marital property is divided in an equitable way, meaning the division is not necessarily equal. You should fight for your fair share of marital property when it comes to divorce proceedings.

Do Not:

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,So you have gone through all of the steps and jumped through all of the hoops to request and receive child support. But now you have a substantial change in your life, which will require a change in your child’s support. Though it is not impossible to make a modification to the child support orders, it can be a tedious process due to the requirements that need to be met before you can have the modifications granted.

Can I Ask for a Child Support Modification?

Once a child support order is issued, the non-custodial parent must pay child support until the child turns 18 or graduates from high school, whichever is later. Existing child support orders can go through the modification review process if:

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,There are a million and one things that you need to cover in a divorce settlement. There is the house, child support, allocation of parenting responsibilities, splitting bank accounts, and determining spousal support. With so many things already on your mind, it is easy to forget about things that are smaller - but still just as important. These things may not be significant now, but they can affect you in the future. Debts or Other Financial Obligations Usually divorcing couples argue about who gets the money in the savings account and who gets to keep the house - nobody is arguing about who gets to repay debt. When you get divorced, you are not forgiven of your debt and you still have the responsibility to pay it back. Whether it be personal debt, credit cards, or a mortgage, you should outline who pays what so there is no confusion. Car Insurance If you have children, car insurance is something you will have to consider when they come of age to drive. Many insurance companies will increase your premiums automatically when your children reach the driving age, even if they are not actually driving your car. The sooner you can negotiate how those extra costs are divided, the better. College Costs for Your Children In Illinois, parents have the responsibility to help their children attend post-secondary education if they choose to. This means that the courts will require one or both parents to contribute to the child’s education if it is necessary. Portions of the parents' income or property could be used to cover costs such as college application fees, college entrance exams, books and supplies, living expenses and tuition. You can choose to outline your own college payment plans in a divorce settlement if you do not want the courts to decide for you. Collections and Memorabilia Things such as books, art, antiques, and coins can be just a hobby to you, but they can be worth a lot of money. Not only are they intrinsically valuable to you, they are also financially valuable, so it is important for you to decide what happens to them when you divorce. Get Help from a Kendall County Divorce Lawyer

There are many things that should be covered in a divorce settlement--too many things for you to remember on your own. If you are getting a divorce, you should contact a Naperville divorce attorney to help you keep everything straight. Rely on the Law Office of Matthew M. Williams, P.C. to help you come to a comprehensive and agreeable divorce settlement. Call the office at 630-409-8184 to set up a consultation.

 

Source:

https://www.forbes.com/sites/jefflanders/2013/10/16/divorcing-women-dont-forget-these-marital-assets/

divorceIn a divorce, things can get ugly and they can get ugly fast. Once you have made the decision to separate from your spouse, the last thing you want to do is spend months, even years, arguing with them over certain things, attending court hearings, and waiting for the courts to finalize everything. This is the case for many couples who cannot come to an agreement on things. When you make the decision to divorce, you want the divorce to go as quickly and as smoothly as possible. This is where a joint simplified dissolution of marriage may come in handy. What Is a Joint Simplified Dissolution of Marriage?

This type of divorce is an uncontested divorce, meaning there are not any points of disagreement or argument between the two parties who are getting divorced. Generally, for the divorce to be uncontested, both spouses have to agree on:

  • Division of the marital property;
  • Spousal support;
  • How marital debts will be paid off; and
  • Any other issue arising from the marriage.
A joint simplified dissolution is entered into willingly by both parties and essentially expedites your divorce, but there is a catch - not all couples can use the simplified version of divorce. Qualifications for a Joint Simplified Dissolution of Marriage

The Illinois Marriage and Dissolution of Marriage Act states that the only couples who are eligible to use this process are couples who meet all of the following set of criteria:

  • Neither spouse is dependent on the other for support;
  • Both spouses waive their rights to support;
  • At least one spouse has been a resident of the state of Illinois for at least six months prior to the divorce petition;
  • Proof of irreconcilable differences has been met;
  • No children were born of the relationship, the couple did not adopt a child and the wife is not pregnant with the husband’s child;
  • The marriage did not last longer than eight years;
  • Neither spouse has property or retirement benefits, or the retirement benefits are held in separate accounts and are less than $10,000 in value;
  • The total value of all marital property is less than $50,000;
  • The combined gross annual income from all sources is less than $60,000 and neither spouse makes over $30,000 annually;
  • Both spouses have disclosed all of their assets, liabilities and tax returns during the marriage;
  • Both spouses have formed a written agreement dictating the division of assets, debts, and liabilities; and
  • Both parties have agreed upon who is responsible for any companion animals.
Contact a Skilled Kendall County Divorce Lawyer

Although not all couples are eligible for a joint simplified dissolution, some couples are. Joint simplified dissolutions are the easiest and quickest way to get an uncontested divorce finalized. If you think that you might qualify for a simplified dissolution, or if you are unsure if you qualify, you should contact an Aurora divorce attorney to discuss your situation. The Law Offices of Matthew M. Williams, P.C. can help you figure out the best way to file for your situation. To set up a consultation, call the office at 630-409-8184.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Prenuptial and postnuptial agreements have long been considered taboo or unromantic. While it is probably close to one of the most unromantic topics you could discuss, divorce is a possible reality for any married couple. Entering into a prenuptial or postnuptial agreement can help you if you do decide to get a divorce somewhere along the road. Ironically enough, these kinds of agreements can also help you during your marriage, too, which is one of the reasons why they have become more popular.

What Is a Postnuptial Agreement?

Both prenuptial and postnuptial agreements are legal documents that can outline certain things in the event that a marriage ends in divorce. Unlike prenuptial agreements, which are signed prior to the marriage, postnuptial agreements are ones that are formed and signed after a couple is already married.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,It has often been said that breaking up is hard to do. This can be especially true if you are getting a divorce, which has emotional and financial impacts, not to mention the life upheaval it brings. Not all divorces have to be full-on feuds, though. A form of alternative dispute resolutions, a collaborative divorce is designed to keep the peace between separating spouses and come out on the other side with a settlement that is mutually agreeable. What Is Collaborative Divorce?

The theory behind a collaborative divorce is that both spouses will work together (or collaborate) to come to an agreement that they can both be satisfied with. Both spouses have their own lawyers, much like a traditional litigated divorce. Rather than deciding issues in court, the collaborative process takes place in private meetings between the two spouses and their lawyers where the group negotiates their issues, rather than having a judge decide their outcomes. Collaborative divorce begins with both spouses sign an agreement stating that they will:

  • Not go to court;
  • Be honest with one another and foster communication; and
  • Take a problem-solving approach to their divorce.
Collaborative Law Professionals

In addition to their separate attorneys, couples who are using the collaborative model for divorce also have a team of trained professionals to guide them through the different issues that a divorce comes with. These professionals might include:

  • A financial planner;
  • A child psychologist;
  • A family therapist;
  • A real estate broker; and
  • A parenting coordinator.
Financial Benefits of Collaborative Divorce There are many benefits of a collaborative divorce, such as increased control over your outcomes, a speedier timeline and much less stress and anxiety than a litigated divorce. One benefit that not many people think about is that it can be financially smart, too. Litigated divorces often add up in costs very quickly. In a litigated divorce, you are responsible for all court costs and fees every time you appear in court to decide an issue. With collaborative law, you decide all of your issues before you step foot in a courtroom. Contact a Trained Naperville Collaborative Divorce Lawyer

Collaborative divorce can greatly reduce the strain and emotional impact that divorce has on a person. Because of the nature of collaborative divorce, spouses are required to work together to solve their issues--not fight about them. This creates a more communicative nature between the spouses, which increases the likelihood of successful post-divorce outcomes. Your first step in beginning the collaborative divorce process is finding a Kendall County collaborative divorce attorney. The Law Office of Matthew M. Williams, P.C. can help you take the first steps toward a fair divorce. To set up a consultation, call 630-409-8184.

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Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,When you are going through a divorce, it can be a confusing process, especially because of all the words and legal terms that are used in divorce proceedings and paperwork. Understanding all of the legal jargon that is used during this process is crucial to you reaching a divorce settlement that you are satisfied with. Even some words that have normal meanings can have different meanings when used in a legal setting, which is why it is important that you educate yourself on specific words and phrases used in Illinois divorce proceedings. Marital Property: The Illinois Marriage and Dissolution of Marriage Act states that marital property is all property, including debts, that is acquired by either spouse during the marriage.

Non-Marital Property: The Act also states that there are exceptions to marital property, which is called non-marital property. Examples of non-marital property include:

  • Property acquired by gift, legacy or descent;
  • Property acquired in exchange for property acquired before the marriage;
  • Anything acquired by either spouse after a legal separation; and
  • Property excluded in a prenuptial or post-nuptial agreement.
Parenting Responsibilities: In Illinois, the term “custody” is no longer used. Instead, parenting responsibilities means both parenting time and important decision-making responsibilities when it comes to a child. Parenting Time: This refers to the time when a parent is responsible for taking care of the child and making non-significant decisions regarding the child.

Parenting Plan: This is a written agreement between parents that allocates and specifies certain things concerning their child. Things that can be covered in a parenting plan include:

  • Parenting time;
  • Decision-making responsibilities;
  • Living arrangements;
  • Schooling; and
  • Child support, if applicable.
Relocation: The term relocation is used when a parent moves a child from their current residence to a new residence. Spousal Maintenance: In Illinois, the term “alimony” has been replaced with spousal maintenance. This is the term used for any sort of payment that is paid from one spouse to another after a divorce depending on each spouse’s financial situation and needs. Get Representation from a Kendall County Divorce Lawyer

Divorce can be confusing, but it does not have to be. With the help of a well-versed Aurora divorce attorney, you can understand and be fully involved in your divorce. When you choose to be represented by an attorney from the Law Office of Matthew M. Williams, P.C., you can rest easy knowing your divorce case is in good hands. Call the office at 630-409-8184 to set up a consultation.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,For some people, divorce may be a peaceful process. They may already know who will get the house, who will keep the dog and where their child will live. And if they do not already know, they may be able to quickly agree on those things. For the majority of divorcing couples, the decisions are not that easy and deciding parental responsibilities can become a long and combative process. When this happens, Illinois courts may decide to take things into their own hands and conduct interviews, evaluations, and investigations as to what the best parenting arrangement would be for the child. The Illinois Marriage and Dissolution of Marriage Act allows the court to require evaluations if the parents cannot come to an agreement on their own. Court Interviews Because the determination of parental responsibilities directly affects the child, it is important to understand his or her wishes in regard to the situation. Sometimes, the child does not have the chance to voice their wishes and in this case, the court will conduct an interview with the child to try to determine what they would prefer. According to the Act, counsel will be present during the interview and the interview will be recorded by a court reporter. Professional Evaluation

In addition to interviews, the court may either appoint a professional to conduct an evaluation or if a parent requests an evaluation, will allow either parent to choose a professional for the job. The professional’s job is to interview the parents and the child, observe the child with each parent, review court documents pertaining to the case, contact other professionals such as teachers, daycare workers, therapists and doctors and conduct psychological testing if needed. The professional’s report to the court must contain:

  • A description of what the professional did to evaluate the situation;
  • A report of his or her findings;
  • Any test results gathered;
  • The professional’s conclusions pertaining to parental responsibilities;
  • The professional’s recommendations concerning the allocation of parental responsibilities; and
  • An explanation of any limitations the evaluator may have come across.
Know When to Contact a DuPage County Parental Responsibility Lawyer

If you have gone to court to determine who gets certain parental responsibilities, you should seek the help of an Aurora parental responsibility attorney. If you get representation from the Law Office of Matthew M. Williams, P.C., you can rest easy knowing you are being well represented. Call the office at 630-409-8184 to set up a consultation.

 

Source:

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Posted on in Divorce
Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,All marriages were are not created equally. Sometimes, for whatever reason, it just does not work out and it would be better if the two of you went your separate ways. But knowing when to call it quits can be a stressful and confusing time. While there is no magic answer to exactly when you should file for divorce, there are things you can consider when making your decision. You Are Only Staying Together for the Children Children understand and pick up on far more than most people give them credit for. They will know if their parents are in an unhappy marriage and studies have shown that parents staying in an unhappy relationship can actually be worse for your children than a divorce. While divorce will probably affect your children in some way, it will not be anywhere as damaging as growing up in a conflict-ridden home. You and Your Spouse Cannot Seem to Resolve Your Conflicts If you have tried to improve your conflict resolution and have even been to see a marriage counselor and still have not been able to overcome your issues, it may be time to think about a divorce. Counseling only works if both spouses are willing to critically look at their behaviors and change what is not working. If one spouse is not completely in it to win it, there is no way of reconciling what has been broken. You Are Being Treated Poorly Marriage should mean that you are being loved and respected by your spouse. If you have found that you are no longer being treated in a way that you deserve, it can be time to move on. If you are being abused, whether it be emotionally, physically, or in any other way, you should take immediate action by getting a domestic violence restraining order while you file for divorce. Nobody deserves to be treated in an abusive manner. Consult with a DuPage County Divorce Attorney

Even if you are not completely set on the idea of divorce, it can be wise to at least meet with a knowledgeable Aurora divorce lawyer to discuss your specific situation. While deciding to divorce is never an easy decision to make, in some situations, it is for the best. If you decide to go through with a divorce, the Law Office of Matthew M. Williams, P.C. can help you with every aspect, from property division to dividing parenting responsibilities. To set up a consultation, call the office at 630-409-8184.

 

Sources:

https://www.huffingtonpost.com/the-stir/10-signs-its-time-to-get-_b_2338250.html

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,When you are going through divorce proceedings, one of the many facets that you will come across is issues pertaining to your children. In Illinois, physical child custody and visitation are called parenting time and legal custody is called parenting responsibility. When making decisions about these things, the court is always taking into consideration the best interests of the child. The majority of parents are concerned with their child’s best interests, but their views of what is best for the child can sometimes be clouded by everything else surrounding the divorce. Understanding what the court considers best for the child can help you anticipate what decisions the court will make with your case. What Is the “Best Interest” of the Child? In legal terms, the best interest of the child is used in most cases involving decisions made about children. This means that the judge presiding over the case will base his or her decision about parenting time and responsibilities on a number of factors to best suit the child’s individual needs. All states have some sort of standards set in place to determine what is in the child’s best interests. Determining Factors in Illinois

The Illinois Juvenile Court Act of 1987 set into place specific factors judges take into consideration when a “best interest” determination is required. The child’s age and developmental needs are taken into consideration, along with:

  • The physical safety and welfare of the child, including basic needs;
  • The development of the child’s identity;
  • The child’s background and familial, cultural and religious ties;
  • The child’s sense of attachments, including where the child feels love, their sense of security and familiarity;
  • The child’s wishes;
  • The child’s community ties, such as church, school, and friends;
  • The child’s need for permanence and stability;
  • The uniqueness of every family and child; and
  • The preference of the parents.
Contact A DuPage County Parental Responsibility Lawyer

Divorce proceedings can get messy pretty quickly and parents can lose sight of what is important - their children. Everything a parent does should be in the best interests of their children and Illinois courts want to make sure of that. If you are going through a divorce with children, you should get the help of an Aurora divorce attorney who can focus on your divorce so you can focus on your children. Contact the Law Office of Matthew M. Williams, P.C. to see how they can help you with your case. Call the office at 630-409-8184 to set up a consultation.

 

Source:

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custodyDivorce is not a walk in the park--some divorce cases can become extremely nasty pretty quickly. Unfortunately, in cases where there is a lot of fighting between spouses, the children often get lost in the shuffle. The parents are so preoccupied with fighting with each other that the best interests of their children often get pushed to the bottom of the pile, even if it is unintentional. Illinois courts recognize that divorce can wreak havoc on the emotions of those going through the divorce process, so they have put measures into place to make sure that the best interests of the children involved in these divorce proceedings are kept at the forefront.

When Is a Child Representative Used?

The Illinois Marriage and Dissolution of Marriage Act states that any proceeding that deals with issues of support, visitation, custody, allocation of parental responsibilities, education, parentage, property interest or general welfare of a dependent child warrants a reason for the court to appoint a representative of some kind for the child involved in the hearing. There are three types of representation that is recognized in Illinois:

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Posted on in Divorce Finances
Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Though the actual act of divorcing does not affect your credit score, divorcing can have an effect on your credit through indirect ways. Women, especially, have traditionally had issues with their credit ratings after divorce because men were traditionally the breadwinners of the families and controlled the finances. Although things have changed, there are still a majority of women who have financial issues after divorce. One of those issues is trying to rebuild credit after years of intermingled credit with their spouses. Understanding steps you can take before and after your divorce to help protect your credit can be crucial to your financial wellbeing. Close Your Joint Accounts The first step you should take after you begin the divorce process is closing all of you and your spouse’s joint accounts. Because the accounts are joint accounts, both you and your ex are responsible for the accounts and the debts accrued on those accounts. By closing the accounts, you are preventing your ex from spending any more money on them and designating the debt to one person, rather than both of you. Keep Paying Your Bills You should also remember that it is a top priority to keep paying all of your bills, even if you are going through a divorce. On credit cards, make at least the minimum monthly payment, and for mortgage payments, you should pay them in full. Even one missed payment can damage your credit score and can cause future lenders to deny you or raise interest rates for you. Establish Your Own Credit One of the more important steps you can take to protect your credit is to establish your own credit under solely your name. Getting a credit card that has a small limit, such as a credit card from a store, can raise your credit score if you pay off the card as soon as you use it. Get Help from an Experienced Aurora Divorce Lawyer

If you are thinking about a divorce, one of the things you need to address is your finances and how you will be financially after the divorce. With the help of a knowledgeable DuPage County divorce attorney, you can take the necessary steps to protect yourself and your credit during and after your divorce. Contact the Law Offices of Matthew M. Williams, P.C. to begin discussing your situation. Call the office at 630-409-8184 to set up a consultation.

 

Sources:

https://www.experian.com/blogs/ask-experian/credit-education/life-events/divorce-and-credit/

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Posted on in Paternity

Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,When a child is born, it is automatically known who the child’s mother is--this is not the case for the child’s father. In Illinois, if a couple is not married or in a civil union when the child is born, the father is not legally considered the father of the child and his name cannot be added to the birth certificate until paternity is established. The only time there is a legal presumption of paternity is if the mother and the father of the child were married or in a civil union at the time of the child’s birth, or were married within 300 days before the child was born. Establishing paternity is important for both the parents of the child and the child itself.

The Importance of Determining Paternity

When a child’s paternity is in question, the father does not have any legal rights when it comes to the child. In order for a father to have rights to parenting time or parenting decisions, like decisions about the child’s healthcare or education, paternity must be established for the child.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,For many people, divorce is one of the most emotionally demanding and stressful situations they will go through. Not only do you have to deal with the long and demanding legal divorce process, but you also have to figure out how to cope with the fact that you are ending a major relationship in your life, which can bring about a myriad of emotions. In order to come out of the divorce right side up, you have to figure out how to cope with these emotions and work your way through this emotional process.

Allow Yourself to Grieve the Loss of the Relationship

If you are going through a divorce, one feeling you will probably come across is grief. Grief is a natural response to the loss of something, in this situation, the loss of your relationship. It is important that you allow yourself to feel the emotions that come with grief, such as anger, sadness, fear, and confusion. The sooner you can emotionally accept that the relationship is over, the sooner you can begin your process of self-healing.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Divorcing with children is not uncommon--anywhere from 40 to 50 percent of divorcing couples have at least one child under the age of 18. Divorcing with children adds an extra layer of complexity to divorces--you have to think about who the child will live with, what the parenting arrangements will be, how you will share the cost of raising a child and more. Children all react to divorce differently and some can have a difficult time coping with the separation of their parents. Here are five ways you can help your child through your divorce:

Be Honest

There is no reason that you should try to hide your divorce from your children. They are very perceptive and can probably tell that something is wrong, even if you do not tell them. It is best for everyone if you tell your children that you are getting a divorce in a straightforward manner and in a way they can understand.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,When you are getting a divorce, you must come to an agreement with your spouse about how your assets will be divided. If you cannot come to an agreement, you will have to go to court and the judge will decide what is fair. Either way, dividing your assets can be a big headache, especially if you have large assets such as a house, cars, retirement or pension plans, stocks, brokerage accounts or businesses. It can be difficult to determine what is fair when it comes to distribution of your assets, but when it comes to Illinois law, there are certain criteria that judges use to make these decisions. Determining Marital Property vs. Non-Marital Property

The first thing a judge will do in a division of assets proceeding is determine which property and assets are marital property and which are not subject to division. The Illinois Marriage and Dissolution of Marriage Act outlines the types of assets and property that are considered marital and non-marital property. According to the act, marital property is any property, including debts and other obligations, acquired by either spouse during the marriage, except:

  • Property acquired by gift, legacy or descent and any property acquired in exchange for this property;
  • Property acquired in exchange for property acquired prior to the marriage;
  • Property acquired by a spouse after a legal separation; and
  • Property excluded by a prenuptial or postnuptial agreement.
Equitable Distribution of Marital Property

When a judge is left to decide which spouse gets which property, they must consider certain factors that are outlined in the act. These factors include:

  • Each spouse’s contribution to the acquisition or increase or decrease in value of the property;
  • The contribution of a spouse as a homemaker to the family;
  • The dissipation of the marital property by each spouse;
  • The value of the property;
  • The duration of the marriage;
  • Relevant economic factors of each spouse;
  • Any obligations from a prior marriage;
  • Any prenuptial or postnuptial agreements;
  • The age, health, occupation, income, skills, employability, liabilities and needs of each spouse;
  • The custodial provisions for any children;
  • The prevalence of any spousal maintenance;
  • The opportunity of each spouse for future assets or income; and
  • The tax consequences of the division of property.
The act also specifies that property and assets are divided without regard to any marital misconduct. Contact a DuPage County Divorce Attorney

If you are going through a divorce, you probably know about the stress and difficulty that comes with dividing your assets. Though dividing your marital assets can be troublesome, it does not have to be--with the help of an Aurora divorce attorney, your assets can be divided equitably and in your favor. Contact the Law Office of Matthew M. Williams, P.C. to begin discussing your case. Call 630-409-8184 to schedule a consultation.

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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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