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Libertyville Divorce Blog

Filing for divorce could mean facing some restrictions

An uncontested divorce could take months to finalize. A contested divorce could take much longer. Despite knowing they want to end their marriage, a couple cannot just go their separate ways. The legal process is designed to ensure that assets are divided equitably and Illinois children live in situations that are in their best interests. Although separating may give unhappy spouses a sense of freedom, once the divorce is filed, both parties will have some restrictions placed on what they're able to do until the divorce is final.

Couples who are in the midst of a divorce may not be able to spend money on anything but necessities. Even if one person believes he or she solely owns an asset, he or she cannot sell or dispose of any property until the divorce has been finalized. If a divorcing individual is caught making excessive credit card charges, draining bank accounts or selling property, he or she may have to reimburse his or her soon-to-be ex.

Tips for successful parenting plan negotiations

Parenting agreements can be a significant source of stress for ex-couples living in Illinois. However, there are a variety of steps that parents can take to create a plan that works for both sides. For example, parents should create a list of what they need from a parenting plan as well as a list of things that the other parent may want. This can create a framework for the final parenting agreement.

It may be worth reviewing past custody habits when creating a future custody schedule. If one parent always gets the kids for Thanksgiving, the other should get the kids for Thanksgiving this year. Alternatively, the other parent can keep his or her Thanksgiving tradition in exchange for not having the kids on Christmas or another holiday. In the event that parents are having trouble negotiating a custody agreement, it may be best to take a break.

The rise in women who pay child support and alimony

Compared to previous generations, Illinois woman of today are more likely to be ordered to pay child support and alimony after a divorce. According to a study by Pew Research, women are the breadwinners in around 40 percent of families. In a survey by the American Association of Matrimonial Lawyers, 54 percent of attorneys said that more women were paying child support now compared to three years ago.

While both men and women may resist the idea of being required to pay alimony, women tend to be less prepared for the possibility simply because they may not have been raised with the same expectations. They may also have to pay alimony after leaving marriages that were emotionally, physically or verbally abusive.

Signs the kids may not be handling your divorce well

Children react to divorce differently. Older kids may appear to take it well because they can understand it better, while younger children may find it difficult to adjust.

As a parent, you can watch for signs that your children are struggling with the reality of your divorce, and you can be ready to help.

Gray divorce on the rise nationally

For many people over the age of 50 in Libertyville and across the country, divorce is increasingly common among their age group and demographic cohort. While the divorce rate across the United States has remained steady or even declined over the past two decades, the opposite has been true for people over 50, members of the Baby Boomer generation. Since the mid-1990s, the divorce rate for people over 50 has doubled, and this trend is expected to continue in the coming years.

When people end their marriages over 50, this is referred to as a "gray divorce." The term is applied equally to people ending a relationship that has spanned decades or people who are divorcing after a shorter marriage, often their second or third. There are a number of reasons why the divorce rate for older Americans has grown, including the growth in the average life expectancy in the United States and the larger number of Baby Boomers alive. While in 1990, there were 63.5 people in the United States over 50, with the aging of this generation, that number grew to 99 million by 2010.

Planning for college expenses during divorce

Higher education costs in Illinois and around the country have risen sharply in recent years, and attending a four-year nonprofit college in the United States now costs an average of $46,950, according to data from the College Board. Students attending state schools pay an average of $20,770 according to the nonprofit group. Putting aside the money needed to cover these costs can be difficult for parents struggling to cope with the financial fallout of a divorce, and determining how tuition fees and room and board will be paid for is sometimes a contentious issue during settlement negotiations.

Divorcing parents in Illinois may be wise to resolve these matters amicably because family law judges in the state can order divorced parents to pay their children's tuition fees, housing costs and medical expenses. However, the parent's income is taken into consideration when these decisions are made, and payment is only ordered when students maintain at least a C grade average.

Collaborating in divorce for greater financial stability

For some Illinois couples, ending their marriage can be financially challenging. The divorce itself can be costly, and after splitting up households, both people may find themselves with a lower standard of living than they enjoyed together. However, increasingly, couples are looking at ways to approach the process more cooperatively and lessen the financial pain.

Couples have a choice to negotiate a divorce settlement or go to litigation, and they might want to give the former a try before heading to court. Each person may want to think about assembling a team to help with the process. In addition to an attorney, this team may include a financial planner and supportive family members. Essentially, it is made up of the people needed to get through the divorce.

Becoming a custodial parent after divorce

When parents in Illinois go through a divorce, the thought of dividing time with their children is often difficult, and the world of child custody can be confusing and overwhelming. When beginning the child custody process, it can be particularly important to understand the legal terminology that all parties are using, especially when in court or working with a mediator to find a solution.

For example, the term custodial parent means the parent who has the most time with and physical custody of their child. This parent is most involved with and has the highest level of responsibility for the child, even when the other parent is an active, involved presence in the child's life. In some cases, both parents can be considered custodial when they share joint custody and equal time with their children. However, in many more cases, one parent is responsible for the children for the majority of the time, from helping with school to dealing with emotional issues, while the other has a different type of relationship. Being the custodial parent can be both highly rewarding and very challenging.

When parents share legal custody

In the state of Illinois, what many people think of as child custody is called parenting time. However, there is another element to custody that is commonly known as legal custody. This refers to which parent has the right to make decisions about major aspects of a child's life such as health care, religion and education. Legal custody is often shared, and there are advantages and disadvantages to doing so.

Shared legal custody can work well if the parents have a good coparenting relationship and both parents are responsible and regular participants in parenting. However, even if there is a lot of conflict between parents, they may still be able to create an effective co-parenting relationship. It can be good for children to see their parents work through disagreements and reach solutions. On the other hand, forcing parents to collaborate does not guarantee that they will be able to do so.

Practical solutions to common divorce issues

Sometimes you simply can’t avoid the emotional trauma that comes with a divorce. However, this pain does not have to control you throughout the divorce (or in the time after the split). While the job of an experienced divorce attorney is not necessarily to deal with a divorcee’s emotions. (After all, they are not licensed therapists.) However, there are a number of emotional issues that can be avoided by taking some practical cues.

In this post, we will share a few of them.

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