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Divorce has become so commonplace that there are now “trending” issues. One of the most recent examples is the destination divorce, in which couples travel to a remote location to celebrate the end of their marriage. Is this an option you should consider once your divorce is complete, or is the hype more appealing than the actuality of such a celebration?
Unlike a destination wedding, the actual proceedings do not occur at your locale of choice. Most of this is due to the laws, which tend to require that you reside in the state and county where you file for divorce. Instead, a destination divorce is simply a celebration or relaxation retreat - a place you go to visit and celebrate your newfound freedom.
While destination divorce locations are about as varied as the people involved in the proceedings, some places are more common than others. At the top of the list is Las Vegas, which has morphed from your typical bachelor and bachelorette party locale to a place where almost anyone can find fun. International locales are also highly popular, particularly for those that felt limited in their marriage. Relaxing retreat locations (i.e. Hawaii, the Bahamas, etc.) are also exceptionally commonly seen in the destination divorce trend.
Family structure has changed drastically over the last couple of decades, with many wives now serving as the sole or primary breadwinner. Unfortunately, studies have found that divorce is more likely to occur if the wife is the only one working, and now a new research project suggests that divorce risks are still greater when the husband works but earns less than the wife. So, what happens when a couple goes through a divorce and their familial structure is different from the typical but outdated societal norms? Learn more in the following sections.
In many ways, the process of divorce does not change, simply because the wife is the sole or primary breadwinner. Debts and assets are calculated to determine the value of the marital estate, and the estate is then divided equitably between the divorcing parties. Yet, because of social issues - particularly those involving lower wages for women - the financial stability of a woman may be even more threatened than a man’s after the division of assets in a divorce. Additionally, you may be ordered to pay alimony to your spouse, which only increases your risk of financial issues after the divorce. For this reason, it is critical that wage-earning women have a seasoned divorce lawyer on their side, protecting their financial interests during the entire divorce process.
Divorce changes many aspects of your life - everything from where you call home to the amount of time you spend with your children. Then there are the emotional aspects to muddle through. So, all things considered, insurance coverage may seem like the least of your worries while going through a divorce. Yet, without it, you and your family could be at risk for significant financial loss. Learn what you need to know about insurance and divorce, and discover what our seasoned divorce lawyers can do to help you manage the many aspects of your case.
Many Americans seek health coverage through their employer. If your spouse is the one employed and you are covered under their policy, the divorce will generally end their obligation (and maybe even their ability) to provide you with coverage. However, you may still be eligible for COBRA benefits, temporarily. You will probably have to pay out-of-pocket for this coverage, but the fee is likely to be less than paying for any health-related expenses.
As a parent, you want the best for your child. To provide that, you need to ensure that their emotional and financial needs are met. In many cases, the establishment of paternity can help you in that quest - yet, this is not always the case. Learn more about the potential pros and cons of establishing paternity in Illinois, and discover how assistance from a seasoned family law attorney can help protect your child’s best interests, both now and long into the future.
Regardless of whether you and your child’s father are currently involved in a relationship, your child deserves all that they have to offer. Sometimes, that involves you fostering a relationship between your child and their biological father. Other times, it means ensuring that your child’s financial needs are met - generally through financial support from the father. Unfortunately, many of the benefits that may be owed to you or your child (i.e. child support, military dependent benefits, health insurance, inheritances, and other similar benefits) can only be obtained if the biological father is legally named. For this to happen, you need to legally establish paternity, either through the hospital or through the courts.
Divorce can be a tumultuous process, full of pain, grief, and anger. When paired with the sensitive topic matters often seen in a divorce (i.e. the division of assets and parenting plans), proceedings can become explosive. Yet, in many cases, communication with your spouse is necessary (particularly when there are children involved). The following tips, along with assistance from a seasoned divorce attorney, can help to improve the situation.
Communication may be necessary during a divorce, but you do not have to speak with your spouse face-to-face. You can opt to use technology instead. Email, text, and even phone applications allow you to discuss pertinent matters, such as child pick-up and drop-off schedules with little to no contact. These measures can do more than just reduce stress; they can give you the chance to carefully examine your statements before sending them. Read over everything, or ask someone that you trust to examine your text or email to reduce the chance of a miscommunication, and always stick to the matter at hand.
Thanks to studies and real-life families, shared parenting plans are on the rise. In fact, several states have introduced bills that would make a 50-50 parenting time split the starting point in all divorces - but is this trend appropriate for every family? Consider the following pros and cons of a shared parenting plan, and learn how our seasoned divorce lawyers can help you in deciding whether one may be right for your family.
Shared parenting plans typically involve a near-equal split of the child’s time. Some families switch off weekly, with one parent having the child for a week and then the other. In other shared parenting plans, the child may switch homes throughout the week, perhaps with one parent taking the beginning of the week (i.e. Sunday through Wednesday) and the other taking the remaining days. The latter plan will typically involve a switch-off, where the child may spend four days with one parent one week, and then three with that same parent on the following week.
Bills and other financial obligations do not end just because you are filing for a divorce. In fact, money management is usually more difficult while trying to navigate the divorce process because there are more bills and less money to go around.
Thankfully, there are measures that one can take to improve their financial situation, even while pursuing a divorce. Learn more in the following sections, and discover how our seasoned divorce lawyers can assist.
The first step to improving your financial situation is to understand your finances. Start by tracking how and where you spend your money, then determine if any of your expenses can be eliminated or temporarily suspended. Doing this can give you more in the way of liquid assets. It also allows you to develop a new budget so that you can start saving for your new future.
Domestic violence, which impacts approximately one in three women (and one in four men) is a near silent epidemic. Terrified to leave or speak out, victims often live behind the facade of a happy home, despite being in constant danger. Sadly, the longer they stay in the relationship, the more they risk serious injury or death at the hands of their abuser. Thankfully, there are legal steps that victims can use to protect themselves when they find the strength and courage to leave.
Restraining orders are designed to provide legal protections to victims of domestic violence. More specifically, they:
While many parents are able to complete their divorce with little to no fanfare, there are situations in which the best interest of the child comes into question. In these difficult and often heartbreaking cases, a Guardian Ad Litem (GAL) may be assigned. Learn more about what an assignment of this court liaison may mean for your Illinois child custody case, and discover what our seasoned Wheaton divorce attorneys can do to help with the situation.
Either parent can request that a Guardian Ad Litem be assigned to their case. Alternatively, a judge may assign one, if they feel that the aid of one is warranted. Considered a liaison for the court, they serve as an advocate for the child. They may visit them at school, or at home. They may also meet privately with each of the parents, the school, and persons of interest to the child or family (i.e. stepparents, grandparents, etc.). Requests for a list of witnesses may also be made.
In the past, pets were treated as property in a divorce. Of course, a pet cannot be divided, so instead, the courts examined financial factors to determine who received the family’s furry friend at the end of the proceedings. Thankfully, the laws have now changed, ensuring that the owners’ emotional attachment and time invested are considered when determining who should get the family pet in a divorce.
That has not been the only change to the law regarding pets. Families can also set up a “custody plan,” so long as both owners are fully and completely invested in the animal’s happiness, care, and well-being. Learn more about how “pet custody” works in today’s Illinois divorce in the following sections, and discover what our seasoned divorce lawyers can do to help protect the interests of you and your pet in contentious or potentially dangerous situations.