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Recent Blog Posts

Summer Scheduling Conflicts After Divorce or Separation

 Posted on April 18, 2017 in Family Law

Managing summer schedules can be difficult for any parent, but those who have recently separated or divorced can find the summer shuffle especially challenging. Duties, errands, activities, and supervision needs that were once met by two parents in the same household become more complicated because they must now include moving the child from one parent's home to the other. Further, parents may need to work more frequently to accommodate their higher cost of living, and all that can add up to a hectic and stressful summer after divorce or separation. Thankfully, there are ways to mitigate against the issues.

Start Planning Early

Efficient and early planning are crucial to reducing the stress of summer schedules. Not only does this ensure you have thought of common challenges, such as where your child will be on what days, but it also helps you to accommodate special interests and needs, such as summer school, swimming lessons, baseball games, and summer holidays.

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A Comparison of the Four Most Common Types of Illinois Divorce

 Posted on April 13, 2017 in Divorce

While every divorce is unique, most can be placed into one of four categories. Each has its own set of potential advantages and disadvantages. Understanding them, and what they might mean for your future, can be crucial to the outcome of your case. Learn more about the four types of divorce, and how you can determine which one may be most appropriate for your situation, with help from the following information.

Litigated Divorce

Litigated divorces, which are otherwise known as "traditional" divorce, is the most common form. Typically, each party works through an attorney to negotiate possible settlements agreements. If they can reach one, it is presented to the judge. If they cannot, then the judge is left to determine the outcome of the case. Various factors are used in his or her decision. For example, cases involving children will consider the best interests of the child. Assets and debts are divided by considering aspects related to income, ability to earn income, age, health, etc.

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Illinois Divorce Basics - Common Misconceptions on the Division of Assets

 Posted on April 11, 2017 in Divorce

Although divorce is a somewhat common occurrence, there are many misconceptions about how it works. More specifically, divorcing couples are often misinformed or confused about how the division of assets operates in Illinois. The following addresses these common misconceptions, and explains where you can find assistance for your divorce.

Assets Acquired During Marriage Are Not Always Community Property

Often, divorcing couples assume that all assets obtained during marriage are community property. However, this is not always the case. There are many circumstances in which assets may belong only to one party. For example, if a gift is given explicitly to one spouse, the money was never co-mingled, and the spouse can prove that it was a gift solely for them, they may be able to keep the asset as personal property, rather than community property. If you have questions about community property versus personal property in divorce, talk to an experienced lawyer.

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Saving Money in Your Gray Divorce

 Posted on April 06, 2017 in Divorce

Overall, Americans are living longer, healthier lives than just a few decades ago. Ultimately, that is a positive thing, but this increased longevity is having a somewhat adverse effect on the older generation. With divorce rates for this population now double what they were just twenty years ago, many people entering retirement have found themselves financially strapped, despite having planned for their golden years. Why is this happening, and what can be done about it? The following explains.

Understanding Why the Financial Risk Exists

Couples usually start planning for retirement while in their 20s or 30s. Most assume they will still be together at that stage in their life, so they plan for a single home, one set of expenses, and one lifestyle. If they then divorce as they near retirement, all they have saved must then be split. Now, most couples only suffer a brief financial struggle after divorce, but they still have time to repair any damage that divorce may have done to their retirement plan. Individuals who are nearing retirement age may not have that same ability. Hence, they may be at a higher risk for long-term financial troubles. In extreme cases, couples may even have to completely revamp their retirement plan to accommodate the depletion of funds.

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Failing to Follow Through on Post-Divorce Actions Can Have Lasting Financial Consequences

 Posted on April 04, 2017 in Divorce

For most couples, divorce does not end upon decree. Instead, there are little details that must be sorted out, issues that must be resolved. Unfortunately, some couples fail to handle these matters and then place themselves at risk for long-term financial consequences. The following information can help you avoid making the same mistake after your divorce.

Dividing Property and Assets After Divorce

Now that you and your spouse know what goes to whom, it is time to start dividing up the assets. To do this, you may need to obtain a certified copy of the divorce decree from the court. Also, as you work through the various assets, pay close attention to details. As an example, rules from one type of retirement account to another can vary. Failure to follow the properly execute the split of a pension plan could end up costing you more than you had planned.

You will also need to contact any creditors that hold accounts that need to have a spouse removed from, or must be split. Typical examples include home mortgage companies, auto finance companies, and credit card companies.

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Kids of Divorce May Feel They Have "Lost Their Childhood" - What Every Parent Should Know About Divorce

 Posted on March 29, 2017 in Family Law

Parents who wish to divorce often grapple with the idea of moving forward. This conflict often comes from fears about how their children will fare during and after the emotional process. A new study on the effect that children may experience after divorce may not ease those concerns, but it does offer some advice on how parents can do things differently. Learn more with help from the following information.

Children Often Internalize Divorce

In an analysis of 10,000 surveys from children and parents of divorce, a child psychologist determined that children often internalize divorce. Many see themselves as the cause of the stress that fractured the relationship between their parents and often lie about their feelings, telling their parents what they want to hear, instead of divulging the truth. Even worse is that approximately 70 percent of children who attended therapy during their parent's divorce felt it had not helped. The study author said this lack of benefit may have been due to a lack of connection between the child and therapist, and may also be attributed to the overall awkwardness of disclosing one's deep, personal information to a stranger.

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Do You Need a Cohabitation Agreement?

 Posted on March 27, 2017 in Family Law

Family structures have changed significantly over the last 50 years. In fact, data from the Division of Vital Statistics suggests that more couples are shirking the idea of marriage and, instead, participating in cohabitation. Unfortunately, this can present some unique legal challenges, should the couple ever decide to split up. Learn more about protecting your assets as a cohabitating couple with help from the following information.

Cohabitation is Not Treated the Same as Marriage

Back in 1979, the Illinois Supreme Court determined that common-law marriages would not be treated the same as legal ones. This ruling extended to the division of property and other assets. Last year, the court revisited the issue and ruled in the same manner. Though the premise for doing so was different, the reasoning is nearly the same: all couples have access to legal marriage. As such, those who choose not to engage in the institution do not receive the same legal benefits (i.e. alimony, legal division of property and assets, etc.).

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Is Your Marriage on Route to Divorce?

 Posted on March 22, 2017 in Divorce

Most books and advice columns focus on saving marriages, and for a good reason: divorce is hard, often painful, and expensive. Sometimes, though, it is better to know if you should let go. Marriages that are toxic, abusive, or beyond the point of salvaging are prime examples. No amount of work would likely repair such a marriage, and staying could result in more harm than good. So how do you know if your marriage is on route to divorce? The following information may help.

Time Apart Feels Like Relief

Spending time alone or with your friends can give you the chance to socialize, de-stress, or recharge. Unfortunately, this positive influence can turn into a bad one if you are using time away to avoid time with your spouse. The same goes for spending extra time at work, at the gym, or pursuing personal interests. If these things have become more of an escape and less about the sheer enjoyment, it may be time to consider moving forward with a divorce.

One Party Has Become the Martyr

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New Report Says Relationships Are the Biggest Financial Risk to Women - How You Can Mitigate the Risk

 Posted on March 20, 2017 in Family Law

Women tend to be relational in nature, but relationships themselves may place them at financial risk. More specifically, marriage and divorce can be dangerous endeavors for women. This information comes from a new report, which was published by the Chartered Insurance Institute (CII). The following examines this phenomenon more, and explains how women may be able to mitigate their risks.

Understanding Why the Disadvantage Exists

Despite misconceptions, women continue to be at a financial disadvantage in America. They earn less for the same jobs. Older women are less likely to have substantial earnings in social security or retirement savings. Further, men continue to be the primary or sole breadwinners within the family. True, more women are working, but they are far from equal in terms of earnings, pay, and opportunities as a whole.

Preventing Financial Devastation Before Marriage

Ideally, women would take steps to discuss finances prior to marriage. One of the best ways to do this is through a prenuptial agreement. There are a few caveats, however. If women are planning to stay home and care for children or a home, then this should be factored into the agreement. Women should also ensure they have the guidance and experience of an attorney during the process.

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Hiding Assets Often Starts Long Before the Divorce

 Posted on March 15, 2017 in Divorce

While nearly every divorce is painful and difficult, it is those with a high net worth that tend to be the most contentious. Sadly, it is often the lower-earning or non-earning spouse who is at a severe disadvantage during the case. What is worse, many do not realize that the asset hiding and deception that sometimes occurs often takes place long before the divorce starts. Learn more about protecting your finances in a high net worth divorce with help from the following information.

Asset Hiding Often Starts During the Marriage

Non-earning and low-earning spouses are often kept in the dark when it comes to their marital finances. Sometimes it is because the disadvantaged spouse was not concerned about their finances or divorce. In other instances, the lack of knowledge is intentional; their spouses may have been hiding money for years - perhaps since the start of the marriage.

Whatever the reason for their lack of knowledge, the end result is typically the same: the disadvantaged spouse typically have no idea what their marriage is worth, or where their money might be. This can present some serious issues in divorce. Thankfully, there are some strategies that can be used to overcome the obstacles.

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