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What Options Are Available for Divorce in Illinois?
One thing that can unite all people is the fact that every one of us is different. No one is exactly alike, which is why every marriage has a unique dynamic and every divorce can be distinctive. Luckily, Illinois law recognizes that one type of arrangement would not suit every couple looking to end their marriage. This article will examine different divorce options available in Illinois. If you and your spouse are considering divorce, speak with an experienced DuPage County, IL divorce lawyer to review your options and discuss which one best suits your particular needs.
What Is Contested Divorce?
This is one of the most common types of divorce. Spouses are not in agreement about one or more aspects of their separation. They each have their own lawyer who accompanies them as they negotiate till they have a finalized settlement. Since the process differs for each couple based on the specific issues they disagree about, contested divorce generally takes at least six months to finalize but can take much longer.
Why Would Someone Opt for Legal Separation Over Divorce in Illinois?
While most people dream of finding someone they can have their "happily ever after" with, not all marriages last forever. Since all people are different and unique, it makes sense that divorce might not always be the best option for every couple that wants to end their marriage. Depending on various factors and circumstances, legal separation might be a much more fitting option. If you and your spouse are considering ending your marriage but are not sure about divorce, speak with an experienced Wheaton, IL family law attorney to see whether legal separation could suit you better.
Why Not Divorce?
Even if staying together seems impossible, there are several reasons why divorce might not be feasible for a couple. Some include:
When Can I Stop Paying Child Support in Illinois?
One of the issues single parents talk about a lot is child support. Whether the parents were married and then child support payments were ordered as part of a divorce or a baby was born to unmarried parents, it is an important arrangement that ensures parents have the money they need to give their children what they deserve.
In families where a father has no relationship with the mother or child but is legally obligated to make child support payments, he might be wondering how long this requirement lasts. A common misconception is that you pay child support until the child turns 18 years old, but that is not always the case and if you are a child support paying parent, it is important for you to understand all the factors involved. A knowledgeable Wheaton, IL child support lawyer can help explain them.
If I Was Pressured Into Signing a Prenup, Are My Hands Tied? | IL
There is a lot of confusion about what a prenuptial agreement does. This legal document is intended to help spouses protect their assets and have open and honest communication about their finances and expectations. If a couple with a valid prenup later gets a divorce, it can help make the process go much smoother and faster, because a lot of the issues that need to be decided in divorce proceedings have already been agreed upon and finalized.
Some people mistakenly think that signing one spells doom for a couple before they are even married. People generally prefer not to think about divorce when they are still engaged to be wed, and having a prenup means there is some focus on the possibility that divorce could happen. Another common misconception is that once you have signed a prenup, your financial future is out of your hands. In truth, a prenup needs to meet several conditions before it can be considered valid and legally binding. If you were pressured into signing a prenup that you worry goes against your interests, have no fear. A dedicated DuPage County, IL prenuptial agreement attorney can review your prenup, explain the implications of it, and advise you whether it is valid.
Liability for a Spouse’s Credit Card Debt After Divorce
When you realize you are headed toward divorce, your mind can be flooded by endless thoughts and concerns about what will happen to you financially. There are child support and alimony payments to think about. You and your spouse will have to figure out how you will be dividing your marital assets. On top of it all, couples getting divorced in Illinois also need to settle how they will divide their marital debt. If your spouse has amassed significant credit card debt, you are probably wondering whether you will be stuck paying for it all. A seasoned Wheaton, IL family law attorney can discuss all these issues with you and answer any questions you have.
Debt Division in an Illinois Divorce
Since Illinois follows an equitable distribution model, any assets and debts that a couple obtained during their marriage are fairly divided between the two spouses. As with asset division, debts are not divided equally, but fairly. If your spouse’s credit card debt was the result of covering the costs of your children’s education, household maintenance, or your career development,you will likely have to cover part of it. If the debt is from unnecessary spending on luxury items, that becomes less likely. Every case is unique and the court will consider all the relevant factors before deciding who needs to pay for what.
Property Valuation in an Illinois Divorce
Divorce is one little word that contains so many aspects. When a couple is going through a divorce they need to understand what will happen with their children, their home, and their assets after the marriage is legally over. In Illinois, which follows an equitable distribution model, it is important to understand the value of everything included in the marital estate to ensure a fair division. This article will explore the topic of property valuation in Illinois divorce. To learn more, speak with a knowledgeable Wheaton, IL divorce lawyer.
Equitable Distribution in Illinois Divorce
When it comes to property division in a divorce, there are generally two options a state can follow: equitable distribution and community property. A community property model aims to split all the assets a couple has equally, with each spouse getting an equal half. In an equitable distribution state like Illinois, the courts strive to arrange for a division of property that is fair, but not necessarily equal.
Overcoming Parental Alienation in Illinois
Parental alienation is a painful issue that can affect families during or after divorce. When one parent turns their child against the other parent, it can have a profound impact for years and require resources like time and therapy to overcome. Illinois law recognizes parental alienation as a form of child abuse and seeks to help families address it. If suspicions are proven, it can lead to changes in the custody arrangement. If you are concerned that your child’s other parent is manipulating them to ruin your relationship, speak with a skilled DuPage County, IL family law attorney about your options.
How Does Parental Alienation Work?
One of the biggest concerns parents voice when considering divorce is how it will affect their children. Typical parents try to shield their children from the negative atmosphere that a divorce can create. Unfortunately, some parents, generally in particularly contentious divorces, try to make their child stop trusting or liking their other parent. Alienation can be the result of direct actions, for example hindering the other parent’s visitation or speaking negatively to the child about them. It can also happen through more subtle methods of manipulating the child’s opinion.
How Can Divorce Affect My Illinois Taxes?
Even people who have not been through a divorce before are aware of many of the ways it can impact your life: whether you are splitting custody of your children, dividing your marital assets, or figuring out who will end up keeping your family home, divorce marks a significant transition. One area of life that is also impacted by divorce is taxes. This article will explain how, but if you have any further questions, feel free to contact a knowledgeable DuPage County, IL, divorce lawyer.
Divorce and Tax Filing
Something important for you to consider is your filing status. Married couples typically file their taxes together, and the timing of your divorce can impact how you should file your taxes. If you are still officially married on the last day of a tax year, the IRS will consider you as married for the entire tax year and you are legally allowed to file your tax return for the previous year together. If the divorce is final before December 31st, that is no longer an option. You will need to file separately and can do so as single or as head of household. There are pros and cons for each, depending on your specific circumstances.
Important Information for Parents of Child Influencers in Illinois
With the number of child influencers constantly increasing, it is time for the law to begin addressing issues that have risen as a result. With children appearing in videos, live streams, blogs, and websites and monetizing their content, there is now a generation of children earning significant money in a way kids never did before. There is a whole set of laws regulating matters like working hours, privacy, and income for these young quasi-celebrities. If you are the parent of a child influencer, speak with a knowledgeable DuPage County, IL family law attorney to avoid accidentally violating the law.
What Does the Law Say About Child Influencers?
There are several things parents or legal guardians of child influencers are required by law to do, including:
- Protect their privacy: There are strict child privacy laws in the state of Illinois. You need to make sure no personal information about your child is shared online. That includes their school, address, social security number, youth group location, and anything else that could be used to harm them. Kids’ personal information is protected by the Illinois Children’s Privacy Law in a greater effort to keep children safe.
Can I Stop My Ex From Homeschooling My Children in Illinois?
When parents go through a divorce in Illinois, they generally have some type of shared custody arrangement. Even if one parent has the majority of parenting time and parental responsibilities, the other parent is typically entitled to some time with the children and some ability to make decisions for them. A major area that can have a big impact on the child’s life is their education. Deciding how your kids will be educated is important, and both parents usually want what is best for them. What happens if the parent with a greater share of custody wants to homeschool the children but the other parent strongly disapproves? If you are in this situation, speak with a qualified DuPage County, IL divorce lawyer to understand your options.
Legal Steps You Can Take
Homeschooling can be an excellent option for some children but is not the best choice for everyone. If you are against homeschooling your children but your ex will not listen to your concerns, there are legal steps you can take to address the situation while your divorce is being settled:
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