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Whether or not we want to admit it, celebrities are often the trendsetters in life. Trends in divorce are no different, which is probably why the concept of birds nesting divorce has gained so much traction in the past few years. In many ways, it is a positive thing; it can allow non-celebrity parents the time they need to save money (especially if they are sharing a non-home location as well). However, it is not the right option for every couple. In the following, you can learn some tips to help you determine whether a nesting divorce may work in your case, or if another type of parenting plan may be more suitable for your Illinois divorce.
How a Nesting Divorce Works
In a nesting divorce, children stay and sleep in the same home every night (usually the home they lived in before the divorce) while the parents rotate in and out. Some experts believe this is less traumatizing for young children who may not do well with going from one parent’s house to the other. However, there are other studies that indicate even infants and toddlers can switch houses with little to no issue. Still, there are some things to be said about keeping the children in the family home.
When one party is severely disadvantaged in a broken marriage, it can feel like an excuse to stay. Yet, unbeknownst to some, it is not necessary to do this. Instead, it may be possible for a party to obtain child support and/or alimony before a divorce has been completely finalized. Learn more in the following sections, including how to go about the process, and discover how a seasoned divorce attorney can assist and improve the outcome of your case.
Are You Eligible for Alimony or Child Support?
Not all parties are eligible for alimony or child support in a divorce. In fact, alimony is becoming less common in divorce, and some recent changes to Illinois’ child support laws have created situations in which neither parent pays support (i.e. parents have near equal income and near equal parenting time). However, if you are disadvantaged in your marriage - perhaps because of a health condition or because you stayed home to raise your children - you may be eligible for alimony, child support, or perhaps even both.
While most spouses embark on their divorce with no malicious intent, there are others who attempt to “get even” before they have even told their spouse that they want to separate. Some do this by running up debt, taking out new lines of credit under their spouse’s name, and intentionally dissipating their marital assets. Still, there are some who cash out an investment account, such as their pension plan or retirement account, and then spend or hide it to keep it from being added to the marital estate. Learn how to deal with this challenge in your Illinois divorce, and discover how the assistance of a seasoned divorce attorney can improve the final outcome of your case.
Tracking Down the Missing Money
Most partners who remove money from their pension or retirement account to avoid having it added in the divorce will allow a great deal of time to lapse before divulging their desire to divorce. The reason for this is simple: by waiting, they hinder your ability to track down the missing money. However, it may still be possible to determine whether they spent the money or are simply trying to hide it. In most cases, there is a paper trail or large and frivolous purchases. Financial experts and a seasoned attorney can help you in this step by providing you with support, assistance, and valuable knowledge and resources.
While divorce can be financially devastating at any stage of life, those who are nearing retirement are considered to be at the greatest risk for severe financial losses. Thankfully, it is possible to mitigate against this all-too-common gray divorce issue. Learn how in the following sections, including how a seasoned divorce attorney can help improve the outcome of your Illinois divorce case.
Understanding the Risks of a Gray Divorce
The risks associated with gray divorce are no different from those seen in other divorce cases. Instead, it is the age and stage of life of the divorcee that creates additional risks. Financial losses are more difficult to overcome because the individual is nearing the end of their income-earning years. That also means that the individual is nearly done contributing to the account. When one considers that retirement accounts are often one of the more valuable assets that a party owns, the risk of severe financial loss in a divorce becomes clear and extremely real.
During an Illinois divorce, a couple’s marital estate is totaled and then divided according to the law. In that marital estate is not just a couple’s assets and income; debt is factored in as well. Unfortunately, this can be especially problematic in a divorce - and not just because it can affect the amount of one’s settlement.
Couples might have different values when it comes to money and debt, and one party may have contributed more to the couple’s debt load than the other. Alternatively, one party may have less of an ability to repay the debts because they have a fixed or limited earning ability. Whatever the situation, parties are encouraged to educate themselves on dealing with debt in a divorce, and that includes learning how to go about deciding who should pay for the couple’s credit card debts.
Making the Decision Through Negotiation
Although some divorces are far too contentious to go through a negotiation, most find it to be an affordable alternative to litigation. Unfortunately, debt is a hot topic that can stand in the way of reaching a final settlement. In some cases, it may even completely derail a couple’s hope to end things amicably.
Divorce can be a massive undertaking with numerous pitfalls, and many can cause extreme but unnecessary stress and financial loss. Thankfully, divorcing parties can mitigate against some of the issues using a strategy known as divorce planning. Learn more about this process in the following sections, including the role and importance of an attorney while navigating through it.
What is Divorce Planning?
Although the emotional toll of divorce cannot be denied or ignored completely, parties are encouraged to see the legal process for what it really is: a detangling of assets. What that really means is that legally speaking, divorce is more like a business transaction. Certainly, your feelings are valid, and you have every right (and should expect) to be angry, confused, or hurt - but these emotions will not benefit you in the courtroom. In fact, if anything, they could cause you to make irrational or hasty decisions.
Being laid off or terminated from a job can have a significant and lasting impact on your finances. It can also restrict your ability to pay court-ordered child support. Thankfully, it may be possible to reduce your obligation amount with a modification to your order for support. Learn more in the following sections, including how a seasoned family law attorney can assist you with the process and improve the outcome of your case.
Are You Eligible for Modification?
Once an order for child support has been entered into the court system, it can be difficult to modify it. That it is why it is so critical that parents attempt to ensure that their original order is based on the most accurate, up-to-date information. However, when circumstances change, a paying parent may be eligible for a modification to their order of support. Examples of such circumstances may include:
Victims of abuse often assume that a documented history of violence will protect them and their children during and after a divorce. Sadly, this is rarely the case. Instead, abusive spouses often use their children as a way to get close to the victim again. The means and methods for doing so vary from one case to the next, but with proper advocacy and protection, victims and their children can reduce the risk of future abuse. Learn more in the following sections, including how the assistance of a seasoned divorce attorney can help to mitigate against the issues that often arise in a divorce from an abusive partner.
Make Safety Your Primary Focus
Divorce is a complex process, with many pitfalls, but the biggest threat to victims of domestic violence is that of continued abuse. As such, the primary focus should be safety. Create a safety plan and, if necessary, obtain an order of protection. If the children are not covered under the order of protection (which is a possibility), then victims are encouraged to make child exchanges in a safe, public place (i.e. the police station). Do not engage in arguments and never agree to meet your spouse alone - not even to talk about the children. Instead, seek assistance and support from an experienced attorney.
Families choose adoption for a variety of reasons. Whatever your family’s reasons may be, it is critical that you take the time to adequately prepare for the mental and emotional toll it can have on all involved parties. Learn more in the following sections, including how the aid of a seasoned family law attorney can help ease the process and improve the overall outcome.
Educate Yourself on the Process
Prospective parents are not always prepared for the mentally and emotionally taxing adoption process, which often exacerbates matters even further. Thankfully, the risk of excessive and unnecessary stress can be reduced if prospective parents take the time to familiarize themselves with the adoption process, as well as any potential obstacles that may arise (i.e. a birth mother changing her mind). Parties are also encouraged to research the various types of adoption (i.e. foster adoption, international adoption, closed adoption, etc.) and the associated costs and requirements to help them in determining which avenue may be most suitable for their situation.
While even happily married parents can disagree over the best interests of their child, those who are going through a divorce are far more likely to argue excessively over the matter. Sometimes this is because there truly is a risk to the child’s well-being, but other times, it can be related to a vindictive or alienating spouse. Learn more about what happens in these situations, and discover how a seasoned divorce lawyer can help you mitigate against such issues.
Parents Disagree Over Child’s Football Career
In an unprecedented Pennsylvania divorce case, two parents are fighting over whether their son should be allowed to continue his football career. At age 17, he has already suffered three previous concussions. His mother has not questioned their son’s doctors, who say there is no reason why he cannot continue playing. His father says he is concerned that continuing to play could cause severe permanent damage. He is filing suit against the mother as a way to advocate for his son, but he fears that his concerns will be dismissed.
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