Posted on October 03,2024 in Divorce Finances

Financial considerations are often a big part of the conflict between spouses during a divorce. Unfortunately, one spouse often comes out on the losing end of finances for various reasons. One partner may be fed up with the arguments regarding assets, so he or she simply walks away from a fair share of the marital property. In other cases, one spouse may have allowed the other spouse to have full control of the marital finances, so may have little idea of what assets exist.

While it is normal to want to have the divorce over and done with, the decisions you make during your divorce can have long-term consequences. Your future financial well-being is an important part of your divorce. The best way to ensure you receive your fair share of the marital assets is to speak to a knowledgeable Geneva, IL divorce attorney from The Law Office of Matthew M. Williams, P.C..  

Avoiding 15 Common Financial Mistakes Often Made During Divorce

If you are facing divorce, you may also wonder whether your finances will take an unrecoverable hit. While Illinois is an equitable division state that requires all marital assets to be divided fairly, certain issues can get in the way of an equitable division. One way to protect yourself financially during divorce is to be aware of the following financial mistakes that are commonly made during divorce by one or both parties.

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 Posted on September 30,2024 in Allocation of Parental Responsibilities

The allocation of parental responsibilities is a part of divorce that is often fraught with complications and contentiousness. When parents are putting a parenting plan together, it can be difficult to think of every situation that might need to be detailed in the plan. As an example, what will happen when a child is sick? Which parent will take the child to the doctor, and which will stay home with the child when necessary? If a child has a conflicting school event on an evening that is supposed to be spent with one parent, does being in the audience "count" as parenting time, or should that parent get additional time?

One issue that is often overlooked is the right of first refusal. Suppose it is mom’s parenting time, but her job requires her to work over the weekend. She leaves the child with grandma or a babysitter, only to find that dad is angry that he did not have the option of spending that time with the child. This is known as the right of first refusal. When one parent is unable to spend their scheduled parenting time with the child, the right of first refusal dictates that the other parent is asked whether he or she wants the time before anyone else is asked to care for the child.

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 Posted on September 23,2024 in Life After Divorce

As if co-parenting after divorce were not difficult enough, some parents are forced to continue to live in the same home, whether due to limited financial resources or because they are allowing the children time to adapt to the divorce. How do you occupy the same space you once shared with your spouse as a family and make it work?

Perhaps one of you received the house during the division of assets, which can make your situation even more awkward.  While you might imagine your life will now be filled with silence, icy stares, or arguments, you could be surprised to find that there are certain benefits to your current circumstances.

Even if your ex is now living across the hall, and even if you just went through an extremely contentious divorce, there are ways to make this work. When you and your ex (or the judge) determined the allocation of parental responsibilities, you were likely thinking about how it would work from two different houses. An Aurora, IL, allocation of parental responsibilities lawyer can offer compassion and resources to help you get through this time in the best way possible.

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 Posted on September 19,2024 in Spousal Support

Across the nation, spousal support laws have been evolving, largely as a result of more women in the workplace. While spousal support (also known as alimony or spousal maintenance) for a wife – sometimes even permanently – was once the standard, this is no longer the case. You may feel as though your ex-spouse has no incentive to become self-supporting after being awarded spousal support. Perhaps he or she did not contribute financially during the marriage. You may also feel that you are financially unable to move forward with your life because of your spousal support payments.

What if your ex, in your estimation, is just lazy? Will you be saddled with spousal support for years, even decades? In 2019, Illinois made significant changes in the way spousal support is calculated, leaving less opportunity for the Court to order an unreasonable amount. If you are going through a divorce and need guidance and answers to your questions regarding IL spousal maintenance, a Batavia, IL spousal support attorney from The Law Office of Matthew M. Williams, P.C. can help.

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 Posted on September 18,2024 in Child Custody

Teenagers often make poor life decisions in the years before their brains are fully developed. In 2021, almost ten percent of the nation’s violent crimes were committed by teenagers. The rate of teen pregnancies in 2022 was 13.5 per 1,000 females. While this is a three percent drop from 2021, teen pregnancies and teen crimes are still a fact of life.

Even when teens are not committing violent crimes or facing teen pregnancy, they may be driving under the influence, experimenting with drugs, or committing less serious crimes. Parents who are married must handle these issues together, regardless of the cost – emotionally and financially. The situation may be different for divorced parents, especially for parents with residential custody.

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 Posted on September 12,2024 in Child Custody

When you have children, things change, sometimes so rapidly that you can hardly keep up. Some of these changes require a custody modification and the only way to accomplish this is to file the paperwork and return to court, where a judge will determine the outcome of your request. After a long, drawn-out custody battle, the very thought of going back to court to make a change can leave you dreading the process. 

If you are facing such a change, you can benefit from speaking to an experienced Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C.. While it may not be the most enjoyable thing you have done recently, if a modification is in the best interests of your child, it is worth it. Your attorney can guide you through the process, making it easier and more comfortable for you. 

How Often Can I Ask the Court for Custody Modification?

Custody is now known as the allocation of parental responsibilities and refers to which parent makes decisions for the child or if the decision-making is shared. The day-to-day issues of where the child lives or visits and which parent cares for the child are referred to as parenting time or placement. Courts generally avoid making changes so the child has stability in his or her life.

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 Posted on September 06,2024 in Division of Property

While one spouse often believes he or she got the worst end of the divorce settlement, in most cases, assets are divided either under state community property laws or equitable distribution laws. Illinois operates under equitable distribution laws, which dictate that marital assets are divided fairly, which may or may not mean equally. So what circumstances could cause what seems to be a totally bizarre divorce settlement?

Strange or disparate divorce settlements are sometimes the result of a prenuptial or postnuptial agreement. Others are the result of one spouse hiding marital assets. There are specific factors in place used by Illinois family court judges when determining divorce settlements, but if you feel as though you may get the short end of the settlement, speak to an experienced Oswego, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. who will aggressively defend your rights while looking out for your future.  

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 Posted on August 27,2024 in Divorce

While the figures differ, about 42 to 50 percent of first marriages end in divorce, while about 70 percent of second and third marriages end in divorce. Some spouses never see a divorce coming, while others have known for months, if not years, that divorce is inevitable. If you are aware that your marriage may end in divorce, it is always a good idea to be as prepared and proactive as possible.

In particular, if your spouse earns the majority of the income while you stay home with the children, you need to know exactly what your marital financial situation is and what you are entitled to receive. It is also important to know whether you are entitled to spousal support and how a child custody decision is likely to go.

You can get the answers to all your questions by speaking to a Yorkville divorce attorney from The Law Office of Matthew M. Williams, P.C.. We are fully committed to every client and will guide you through the divorce process to make it as simple and comfortable as possible.  

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 Posted on August 21,2024 in Divorce

Although every divorce has unique aspects, when those with professional careers divorce, there can be a few added layers of issues to consider. Physicians typically lead extremely busy professional lives, which can make it more difficult for them to have healthy marriages. When both spouses are physicians with tight schedules the divorce process can be extremely challenging. It can even be difficult for both spouses to show up for scheduled divorce appointments.

If you, or both you and your spouse are physicians, you need a very tailored approach to your divorce. Your North Aurora, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. will represent your interests in court and handle all the divorce proceedings except those you must absolutely show up for. We will make the process easy and comfortable for you while aggressively fighting on your behalf to ensure the process is equitable in every way. There are many special considerations for physicians, and we will help you sort through each one.

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 Posted on August 20,2024 in Allocation of Parental Responsibilities

If you were granted primary custody of your child, you may experience concern when the child has visitation with the other parent. These feelings of anxiety and concern could be because you are accustomed to having your child with you for much of the time.

They could also be because you do not fully trust your ex to take proper care of your child. Your ex may have a history of flighty behavior, a drug or alcohol problem, or could be so angry with you over the divorce and custody that you are not sure what they might do.

If you live near the child’s other parent, you might decide to do a little covert surveillance by driving by to see if they are home. If they are not, your anxiety may ramp up a few notches. Perhaps your ex has taken the child to a movie, or perhaps he has decided to leave the state with the child. You simply do not know, and not knowing can be excruciating.

There are certain ways to determine where your child is, but it is extremely important that you discuss the issue with your Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C. before you do anything. Your attorney will know the best legal way to handle the issue and can give you support and encouragement as well.  

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