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Even in the simplest of cases, divorce can be a complex matter. If you add in assets that are difficult to divide, such as a retirement account or pension plan, the process can become even more difficult to effectively navigate. Thankfully, divorcing parties can improve the outcome of their case by ensuring they have the assistance of a seasoned divorce team on their side. Learn more about retirement plans in divorce, including the importance, challenges, and risks completing a qualified domestic relations order (QDRO) with help from the following information.
What is a QDRO?
Most often seen in divorce proceedings, qualified domestic relations orders are used to instruct the plan administrator on how the benefits of a retirement plan will be paid to a non-employee (the spouse of an employee). Required only in ERISA-qualified plans, these documents are complicated and subject to approval from the administrator. There are also federal regulations that must be adhered to and tax consequences that one must consider when completing their QDRO. As such, individuals are discouraged from pursuing a QDRO without the assistance of an experienced legal professional.
Parents are not the only influential people in a child’s life; grandparents can have a lasting and loving impact as well. Sadly, there are situations in which a grandparent may be denied time or visitation with their grandchild. What rights might you have while facing such a situation, and how can you exercise them? The following information explains, and it outlines how an experienced family law attorney can help.
Grandparent’s Rights Under Illinois Law
While Illinois law does recognize the importance of a child’s extended family – especially during divorce and other family law proceedings - not every grandparent has legal rights to exercise. Thankfully, there are certain extenuating circumstances that may open an opportunity to pursue legal rights to a grandchild. These situations include:
One of the most commonly asked questions for people considering bankruptcy is, "what is a bankruptcy discharge?" A bankruptcy discharge is a court order that makes previously charged debts permanently unenforceable, effectively wiping the slate clean. The debtor becomes no longer responsible for the payment. As an additional benefit, all harassing calls, letters, and other forms of communication from creditors attempting to collect the money must stop. If collection attempts continue, creditors risk being in held in contempt of court and face potential punishments.
Are All of My Bills Dischargeable?
Not all debts discharge. Some obligations remain valid even after the completion of the bankruptcy process. Eligibility for payment discharge depends on the chosen bankruptcy chapter. Typically, Chapter 13 has a broader range of dischargeable payments. The following expenses are commonly non-dischargeable:
Terminating a parent’s rights to their child is not something that occurs regularly, but it is sometimes necessary to ensure the safety and well-being of the child. How, exactly, does one go about doing this? Can it be applied in all situations, or are there only certain scenarios in which a parent’s rights can be terminated? The following answers these questions, and it provides important details on how an experienced family law attorney can assist you with the process, should it be warranted in your case.
Terminating a Parent’s Rights for Stepparent Adoption
Perhaps the best scenario in which a parent’s rights may be terminated is when there is a prospective adopting stepparent who wants to become the child’s legal guardian. Mostly, this is done with the consent of the biological parent. However, there are scenarios in which the family must go through the courts to prove that the biological parent is unfit, unsafe, or otherwise incapable of providing the love and support that the child deserves. In either scenario, the guidance and assistance of an experienced attorney is highly recommended. Note that grandparents, siblings, and other family members may adopt a child if both parents are willing to terminate their parental rights.
When parents file for divorce, they are required to complete a parenting plan that outlines their wishes on parenting time and the allocation of parental responsibilities. Of course, since every family is unique, each parenting plan is (and should be) different. However, these variances in needs, desires, and circumstances can make what sounds like a straightforward process rather complicated. Learn how to make the most of your parenting plan by adopting some creative parenting plan solutions that may address your family’s unique needs.
Consider Your Child’s Age
Perhaps one of the biggest mistakes that parents make when designing their parenting plan is not taking their child’s age, activities, or personality into account – yet these factors can greatly influence their specific needs. For example, it might make sense for an infant who has spent most of their life with a stay-at-home parent to have more parenting time with that individual. However, child mental health professionals typically recommend more frequent transitions for extremely young children, as they need a great deal of time with both parents to ensure proper bonding. Depending on your situation, a two day stay with one parent, a two day stay with the other parent, and three days back with the first may be appropriate until the child is a bit older. At that point, the family may want to consider going to a 2-2-5 parenting arrangement.
During an Illinois divorce, a couple’s debts and assets are valued, summed, and then equitably divided. Of course, some assets are far easier to split than others. Take, for example, vehicles. Most couples have two – one for each spouse. In divorce, each typically takes their own vehicle.
The family home is far more difficult to divide, for both obvious reasons and not-so-obvious ones. Businesses are also extremely difficult to divide in divorce. Learn more in the following sections, including how an experienced divorce attorney can improve the outcome of your case.
Dividing a Business in Divorce
Before a business can be divided, it must first be classified as either a marital or non-marital asset. (Note that it is rare for a business to be entirely excluded from the marital estate.) Like all other assets in a divorce, the business must then be valued. However, unlike with other assets, the valuation of a business is a complex and, in some cases, subjective.
Divorce is a complex and often emotional legal process – one in which the assistance of an attorney is highly recommended. Unfortunately, with all the choices that are now available, consumers often struggle to find the one that is most suitable for their situation. Learn why finding the “right” attorney for your Illinois divorce is so important, and discover some tips that can help with the selection process.
Strive for Balance Between Quality and Cost
Of all the concerns that divorcing parties have, those relating to cost are the most common. Understandable as that might be, parties should be careful to not let cost rule their decision – especially since many “discount lawyers” and “divorce mills” have little regard for the outcome of your case. Instead, do your research and strive to balance quality of the cost. Also, if you are afraid that you cannot afford the attorney of your choosing, discuss your concerns with them. Some may be willing to do payment plans, and in some situations, parties may be entitled to support from their spouse to cover any applicable legal expenses.
Children can be especially prone to emotional, behavioral, and mental health issues during a divorce. Worse yet, there are studies that show divorce can have a lifelong impact on the overall well-being of a child – but that does not necessarily mean you should stay together. In fact, experts now believe that the ill effects that children suffer in divorce are more closely linked to the contention and stress that often accompany divorce, rather than the divorce itself.
What all this means is that parents can mitigate the damage that divorce can do to a child – especially if they know how to recognize the signs of extreme stress. Learn more, and discover what an experienced divorce lawyer can do to improve the outcome of divorce for your family.
Severe or Prolonged Behavior Changes
In the initial stages of divorce, behavioral changes are considered both normal and typically benign, but prolonged or severe changes can be an indication of something bigger. Depression, anxiety, and maladjustment problems are some of the most commonly seen issues in children going through a divorce, but other mental health problems could occur as well. Examples of such behaviors can include everything from extreme aggression and social isolation to bedwetting and separation anxiety, which can occur at almost any age. If you notice such signs in your child, talk to an experienced mental health professional about your family’s situation.
The decision to declare bankruptcy is not easy. Admittedly, the cessation of bill collection attempts looks more appealing each time the phone rings, however, filing for bankruptcy has considerable secondary repercussions. Qualification standards and long-term effects may influence your decision when determining if Chapter 7 bankruptcy is the best solution for your situation.
What Is Chapter 7 Bankruptcy?
Chapter 7 Bankruptcy is often referred to as “liquidation bankruptcy”. It is a relatively quick process, typically completed between four and six months. Brevity appeals to a significant portion of the population, as does the discharge of unsecured debts. Discharge means credit cards, personal loans, and other unsecured debts become permanently unenforceable, never needing repayment. The downside is that you will need to sell many of your non-exempt assets; hence, the name, liquidation bankruptcy.
What Are the Long-Term Effects?
Stalking may not be an issue in all divorces, but it is common in marriages that have an element of abuse or violence. Thanks to technology and digital tools, stalkers also have more ways to track their spouses during and after a divorce. If you are leaving an abusive or dangerous marriage, learn more about the tactics that may be used to track you during your divorce, and discover how an experienced attorney can help protect you from a violent spouse.
GPS Tracking and Your Rights
Whether you are aware of it or not, your phone and the applications on it can track your location. Yet, even without a cell phone (or one in which the GPS function had been disabled), abusive spouses have a workaround. Miniature GPS tracking devices – some no larger than a button battery – can be installed in purses, on vehicles, and even jackets or other clothing items.
Most uses of trackers are illegal, and you may be able to press charges on a spouse that is attempting to track your location using a GPS monitoring device. However, there may be some limitations. As an example, consider the use of a GPS device on a vehicle that is financed under both yours and your spouse’s name; their joint ownership of the vehicle could (in the eyes of the law) validate their right to track its location. Because of this, victims are encouraged to avoid using any item that their spouse may have the right to track. If you suspect that you are still being tracked, speak to your attorney and contact law enforcement about your concerns.
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