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Libertyville Divorce Blog

Making divorce easier with coaches

Divorce involves big changes to a person's life and can be a difficult process, but there are ways to reduce the mental, emotional and financial burdens that arise when spouses part ways. Illinois residents might like to know more about divorce coaches, who oversee the whole process to help a couple make progress in a more efficient and amicable manner.

Typically, divorce coaches are part of the collaborative divorce process. This method of dissolving a marriage aims to avoid litigation while both parties work together to make arrangements that benefit everyone involved. Cooperating and communicating effectively can be a challenge when going through a divorce, so many divorce coaches have backgrounds that allow them to understand the legal and emotional aspects a couple experiences. A divorce coach might have mediation or mental health experience.

Joint child custody more common than in previous decades

When Illinois fathers get a divorce, they are more likely to seek custody or a more generous visitation schedule than their counterparts may have in the past, and courts are more likely to grant those requests. The legal system generally starts from an assumption of shared legal custody. This means that both parents will have the ability to make decisions about the child's education, health care, religion and other major issues.

Courts are now also more likely to agree to shared physical custody. Physical custody determines which parent the child lives with most of the time. There may be logistical limitations to allowing parents equal time with the child. It can be challenging for working parents to do pickups and dropoffs on weekdays. Courts do still tend to favor the mother for physical custody. However, a 2014 Wisconsin study found that in that state, by 2008, mothers were granted sole custody just 42 percent of the time compared to 80 percent of the time in 1980.

How parents can improve communication with an ex

Divorced parents in Illinois may want to look into online tools that can help them communicate about child custody and visitation. Online or text-based exchanges will keep a record, which could be important if there is a dispute. Communication can also be improved by keeping a physical calendar that details custody/visitation dates.

As long as there are not issues that endanger the child, such as abuse, it is in their best interests to have a healthy relationship with both parents. Furthermore, kids should feel they can talk about each parent in front of the other. Exes may have different parenting philosophies, but they should both strive for similar expectations.

How to keep your divorce out of the courtroom

When you think of divorce, what picture comes to mind? Perhaps it is the stereotypical emotional and aggressive battle in the courtroom. This thought alone can prevent you from wanting to go through with ending your marriage.

The good news is that you can keep your divorce out of the courtroom until the end when you need the judge to approve your agreement. Here is how to have a faster, cheaper, less contentious divorce.

Dividing a family business during a divorce

Most Illinois couples understand that divorce is a difficult process that can have a long-term impact. In addition to the emotional challenges of a separation, there are practical considerations. This includes how the divorcing couple will divide any marital assets. When an agreement cannot be reached, the divorce process is lengthened. This is especially true if the asset being discussed is a family-owned business.

Splitting a family business may add another layer to the divorce process, which is already complicated. This is because each spouse needs to figure out how much they want to be involved in the business after the divorce. There also has to be an agreement on the best way to divide the company. The goal is that everyone walks away with something that is going to benefit them financially.

Divorce and cryptocurrencies

The division of assets can be one of the most hotly contested issues in a divorce. With the new types of currencies being created in the financial industry, a growing number of divorcing couples are also having to address how to handle any cryptocurrency holdings they may have.

One of the main issues with addressing cryptocurrency assets in a divorce is that many family law establishments do not have the necessary understanding of or experience with cryptocurrencies. This means that divorces in which cryptocurrencies assets have to be addressed can be much more complicated and time-consuming; cryptocurrencies can also be difficult to appraise because prices constantly fluctuate, and they can be easily hidden.

Claiming dependents on taxes after divorce

When parents in Illinois get divorced, they might want to agree on who will be able to claim their children on future tax filings. Otherwise, if both parents claim a child, the IRS will accept the first return they receive. While it is possible to go through the agency's customer service department to resolve the issue based on tie-breaker rules, the better alternative is to avoid such a dispute altogether.

In determining who can claim a child as a dependent, the IRS considers a parent's claims over those of any other relative. If the dispute is between two parents, the agency will consider how much time the child spends with each parent. Usually, the custodial parent can make the claim, but if the parents share child custody, the next test is who has the higher income. The IRS assumes that in a joint custody situation, the higher-earning parent contributes more to the child's care. If a custodial parent wants the other parent to claim the child, that parent can do so using Form 8332.

Technology may make divorce easier on children

There are both pros and cons of social media and cellphones. However, one upside to a connected culture in Illinois is that parents and children can remain in contact after a divorce. This could especially help improve the relationship between a child and parent who no longer live in a shared home.

Research suggests that the strength of that relationship is most important to a child's mental health after a divorce. In fact, it is generally more important than the relationship of the parents themselves. The data was derived by looking at 400 pairs of divorced parents and their children, who were between the ages of 10 and 18. According to the research, parents who have ways of contacting their children directly should do so. This could be through a social media message or text on a cellphone.

Are you really ready to divorce your spouse?

The first few months of most marriages are usually a happy and optimistic time. If you are thinking about ending your union, though, you may feel anxiety and sadness. That is normal. After all, you may be considering walking away from the most consequential relationship you have. 

Choosing to leave your spouse requires a significant amount of thought. While you may never be 100 percent certain, you can likely ease your mind by answering some important questions. Here are three that may help you decide if you are ready to end your marriage.

Divorce and steps for protecting a business

Dividing a business in a divorce can be a contentious and expensive process, so people in Illinois who are starting or who own a business may want to sure they protect it in case of divorce. This can be done with a pre- or postnuptial agreement or in other ways.

The pre- or postnuptial agreement may be created to establish that a business belongs solely to one person and that the spouse does not get any part of in a divorce. However, such an agreement might also be used to determine that the spouse gets a percentage of the value the business acquired after marriage. If both own the company, the agreement might be used to establish that either one spouse will buy the other out in case of divorce or that they will continue to run the business together.

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