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Recent Blog Posts
How Can My Spouse’s Financial Infidelity Affect Our Divorce?
If one were to ask, say, 10 married couples if they have ever hidden any type of financial information from each other, how many do you think would say that they have? Chances are, there would be a good number of them that answer, “yes.” According to a new survey from CreditCards.com, around 40 percent of respondents of all ages who are currently in serious relationships admitted that they were actively hiding a credit card, checking or savings account from their partner. Financial infidelity is common in marriages, but it can come back to haunt the guilty party during their divorce. A partner who commits financial infidelity during a marriage is also likely to affect the financial aspects of the divorce.
What is Financial Infidelity?
There are various definitions of “financial infidelity,” but most commonly it refers to any type of lying or deception about money matters between romantic partners who have combined finances. Many actions and behaviors can qualify as financial infidelity, and all of them can have a significant impact on their partner’s financial situation. Examples of actions that can be considered financial infidelity include:
What Factors Can Affect the Cost of My Illinois Divorce?
One of the first questions most people have when they find themselves beginning to look into the possibility of divorce is how much the divorce process will cost. One of the well-known facts about divorce is that it is not cheap. According to a recent article in USA Today, the average cost of a divorce ranges from $8,400 to $17,500, when all factors are accounted for, so clearly, there is no one price tag that you can put on every divorce. The actual final cost of your divorce will end up being based on a variety of factors, with one of the biggest factors being the cost of your divorce lawyer.
Factors Affecting the Cost of a Divorce
One of the basic factors that affects the cost of a divorce is simply where you live. In states and cities with higher costs of living, the cost of getting a divorce is likely to be higher. In states that have a lower-than-average cost of living, the cost of getting a divorce is also likely to be lower. Some of the other factors that can affect the cost of your divorce include:
What Are the Most Common Concerns in a “Gray Divorce”?
A “gray divorce” is a term used when referring to a couple that gets divorced later in life, typically when they are over the age of 50. Perhaps they were waiting until their children were grown and out of the house, or an extramarital affair caused the split. Regardless of the reasons for the marriage ending, these older spouses will have to make some important decisions regarding their divorce settlement in order to move forward into the next chapter of their lives. One of the major issues with a “gray divorce” is that there can be more assets, and larger assets, to divide, which can cause conflict between spouses. Certain high-value assets can be more problematic when trying to determine which of these assets are marital property and subject to division. Also, often there is the emotional aspect of becoming single again after perhaps decades of marriage to deal with.
Tips for Helping Children Cope After an Illinois Divorce
The end of a marriage can occur for many reasons, including infidelity, abuse, addiction and financial problems. But sometimes, spouses may put off filing for divorce, especially if they have children. Parents often worry about the emotional impact their split can have on their kids in the immediate aftermath of a divorce as well as in the future. However, studies have shown that children can be more traumatized when parents who have a toxic relationship stay together. Constant exposure to arguments is not healthy and may prevent children from having positive attitudes or relationships themselves. Fortunately, there are ways for parents to minimize the negative effect of a divorce on their children so all involved can live “happily ever after.”
Alleviating the Stress of the Situation
How children react to a divorce typically depends on their age, personality and the circumstances of the breakup. The initial reaction may be disbelief, anger, sadness, anxiety or worry. During a divorce, kids can also learn valuable tools for dealing with stress, and as a result many children eventually become more flexible, tolerant adults. Navigating this major life change often depends on how the parents handle the process.
What Does the “Right of First Refusal” Mean in Illinois Divorces?
When a couple with children gets divorced, they must make several decisions regarding the children’s care and upbringing going forward. In most cases, both parents will be awarded a designated amount of parenting time (visitation) depending on the allocation of parental responsibilities (child custody) between them. A "right of first refusal" is a subject which arises when a parent intends to leave his or her child with a caregiver for a portion of his or her normal parenting time; that parent must first ask the child’s other parent if he or she can watch the child instead. Parents may reach an agreement on this subject in their divorce, but if they cannot agree, the court will consider whether to award one or both parties a “right of first refusal” in connection with caring for a child during the other parent's regular visitation time.
The Benefits of Establishing Paternity for the Father and the Child
When a couple is married and they have a baby, it is presumed that the man is the legal father of the child. However, when two people are not married, paternity (parentage) has to be legally established before the father is eligible for specific parental rights, and before the child is entitled to certain benefits. Studies have shown that children thrive most when they have a relationship with both of their parents, so confirming parentage is important for everyone’s best interests and well-being of all parties. Establishing parentage for children born out of wedlock can also help provide a basis for obtaining child support payments, and for fathers, it may be necessary for the allocation of parental responsibilities (child custody) and can allow them to be more involved in their child’s life moving forward.
Legally Recognizing Parentage
In Illinois, when parents are in agreement on who the father of the child is, both parties can fill out and sign a “Voluntary Acknowledgement of Paternity” (VAP) form, which legally establishes parentage. In situations where the parents do not agree on the father’s identity, they can do either one of the following:
Can I Modify the Division of Property After My Illinois Divorce?
It can sometimes take a long time for a couple to come to the realization that their marriage should end. Regardless of the reasons for the relationship breakdown, sometimes it is for the best. The legal process of ending a matrimonial union involves many steps and decisions regarding various issues. Divorce laws vary by state, but in Illinois, the division of property follows the equitable distribution method. This means that marital property and assets are divided in a fair way, but not necessarily 50/50. Any property that is acquired during the marriage is subject to division. However, if your ex-spouse did not disclose all of his or her financial information, the divorce settlement is likely unfair. With the help of an experienced divorce attorney, you may request a modification of the property division orders.
4 Tips for Making the Transition Easier for Children in an Illinois Divorce
The period immediately following your divorce can be among the most challenging times of your and your family members’ lives. If you are a newly divorced person who shares children with your former spouse, you and your kids may be entering into uncharted waters over the next few months. Both you and your children are likely to be experiencing a sense of grief, though this emotion arises differently for different people. There is no “one size fits all” approach to overcoming your post-divorce emotions, but how you handle the transition period can help your kids move forward into your new future as a family more resilient than before.
Build a Unified Gameplan
As previously mentioned, there are no cookie cutter means by which to make this transition feel natural. You and your co-parent should, however, have a clear understanding of how you will proceed in terms of caring for your kids and maintaining a civil, if not amicable, relationship. You should have a specific plan of action before notifying your children that divorce is your next step as a family. Who will live where? How often will they stay with their other parent? Where is their other parent moving to? You should have answers to all of these questions so that you are prepared to present your kids with a unified front moving forward. This will reassure them that despite your impending divorce, both of their parents will continue to be actively involved in their lives.
Should My Spouse and I Separate Before Filing for Divorce in Illinois?
When the thought of divorce becomes a real possibility, couples can face a few different options: try to make things work with some additional help, separate to see if divorce is the right decision, or move forward with the divorce. Many couples will actually go through each of these options before determining that divorce is in fact the right choice moving forward. No one is expected to know that divorce is the right choice from the get-go, which is why many marriage counselors and professionals will suggest a trial period of separation before starting a divorce case. Whether you and your spouse decide to try a trial separation, or sign legal separation documents, there are some things that you should know.
Update to Illinois Law
Before 2016, those filing for divorce in Illinois were required to provide a reason for their divorce, such as infidelity, and to live apart for a certain period of time before filing. The law was updated four years ago to reflect the most accurate ground for divorce: irreconcilable differences. This term means that there has been an irretrievable breakdown of the marriage, and that neither spouse wishes to be married any longer. Irreconcilable differences is now the only ground for divorce available in Illinois. The updated law also no longer requires couples to be separated for a specific period of time before filing for divorce. If, however, one spouse does not agree to the divorce, six months of separation is considered enough evidence of irreconcilable differences in an Illinois court of law.
Can I Become My Sibling’s Legal Guardian in Illinois?
Every child deserves to live in a loving household, with the ideal goal being two loving parents who can care for them. In today’s world, however, this is not always the case. Some families have single parents, others have blended households, and some children lose their parents at a young age. If a child’s parents die unexpectedly, and a Will that outlines those parents’ wishes was not prepared,, a court will need to determine what the next best course of action will be regarding who will take care of the child. Throughout the U.S., anyone under the age of 18 is considered a minor and must have a legal guardian caring for them. For some children, this could require another family member taking care of them , while for other children, foster care may be their only option.
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