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Any child can struggle with the divorce of their parents, but children with special needs are often more vulnerable to the changes and stress that often accompany the divorce process. As such, divorcing parents with special needs children are encouraged to go the extra mile to help their child cope. The following can help you learn some strategies to use with your child, and it can help you discover how an experienced divorce lawyer may be able to help.
Discussing the Divorce with Your Child
Divorce is about the parents, and their need to separate. However, children are still greatly impacted by divorce, which is why parents are encouraged to speak to their children before the process starts. Of course, talking to a special needs child is going to be different than talking to a child without special needs.
Honesty is typically the best route, but certain things will need to be considered, such as the developmental age of the child, the coping ability of the child, and the child’s overall understanding of their family’s structure before deciding on discussion points. Also, if possible, both parents should be present at the time of the discussion.
When the bills are piling up and the collectors keep calling, almost any solution can seem like a relief. However, debt relief solutions are not created equally. In fact, some may do more harm than good. Such can be the case with debt settlement. Learn more about this debt relief option, including how it compares to bankruptcy, with help from the following information.
What is Debt Settlement?
Debt settlement is usually done by a third-party entity, which debtors pay for, but it can also be done by the debtor. It involves contacting creditors and then “striking a deal” (usually a lump sum payment) to clear the debt. Once the agreed upon amount is paid, the remainder of the debt is forgiven. Considering all this, debt settlement can seem like a viable alternative to bankruptcy (which it sometimes is), but in most cases, it pales in comparison.
Bankruptcy versus Debt Settlement
Divorce, in and of itself, is a complex and difficult process. However, those that are incarcerated may find obtaining a divorce nearly (if not completely) impossible. They may lack money or resources to hire an attorney or file the paperwork. Transportation can also be difficult to come by, especially since these court proceedings are not related to their criminal case. Thankfully, it appears the Chicago courts may have a solution. Learn more with help from the following information, and discover what an experienced attorney may be able to do for you during your divorce – even if your spouse is currently incarcerated.
Disadvantages of Imprisonment Mostly Impact Women
Although men are certainly at a disadvantage in family courts while they are incarcerated, the biggest impact seems to be on women. They tend to have fewer visitors in court, so they may not have someone on the outside to help them navigate through the red tape of divorce. Also, they tend to have more complex issues when it comes to child-related matters. As such, the program is focusing mostly on incarcerated women wishing to seek a divorce.
Welcoming a child into the home, either by birth or through adoption, is a joyous experience. Unfortunately, when it comes to adoption, that joy can be overshadowed by the concept of a home study. A process that requires transparency, honesty, and a willingness to work as a team, the home study ensures that a placement is safe and stable. It also helps to build a relationship between the prospective parents and adoption social worker. Learn more about preparing for the adoption home study process, and discover how an attorney can help.
The Anatomy of a Home Study
On average, it takes anywhere from three to six months to complete the home study process. During that time, information and several documents will be collected. Most will include:
Deciding to file for divorce is not an easy decision, and the common myths about divorce rarely make it any easier. For example, a couple that still cares for one another may fear divorce because they believe it will ruin the friendship they still have. Alternatively, fathers may be afraid to file for divorce because they think they will not receive a fair amount of time with their children. Thankfully, these common divorce myths could not be further from the truth.
Illinois is Not a 50-50 State
Perhaps one of the most common divorce myths in Illinois is that assets are divided equally, right down the middle. While this may be the case in other states, Illinois is an equitable distribution state – not an equal one. Essentially, this means that assets are divided “fairly.” What is fair, exactly? That is typically determined by looking at some specific guidelines, such as the duration of the marriage and the contributions of each spouse. From there, couples can either agree upon a “fair” distribution in negotiation, or they can take the matter to court.
Dividing a retirement account during divorce is an exacting matter, with numerous pitfalls to avoid. Any failure to do so can result in a significant financial loss to one or both divorcing parties. Learn how to avoid the most common IRA division mistakes made during divorce, and discover how an experienced attorney can help with the process.
Dividing the IRA Before the Divorce is Final
IRAs, when disbursed, are considered taxable income by the Internal Revenue Service (IRS). Divorce does receive a special exclusion, so there are no penalties for either party. However, the split of an IRA account must be justified with a divorce decree. Without it, the division becomes subject to fees and penalties. That is not to say you cannot make an informal agreement with your spouse, or that you cannot discuss or determine how the account will be divided once the divorce has been finalized; such information can be sent to the courts for approval. Instead, it simply means that you cannot divide the IRA until you have a final decree.
Alimony, though less common now than it once was, is still awarded in some divorce cases. More specifically, it may be awarded to a disadvantaged spouse – an individual that earns less money than their spouse, or one that has given up their career, education, or employment to take care of the home or children. Stay-at-home fathers are included in this definition. Learn more about your right to pursue spousal support in an Illinois divorce, including how an experienced divorce lawyer can help improve your chances of a favorable outcome.
Gender No Longer a Determining Factor
Not long ago, alimony was awarded mostly to stay-at-home moms and women that did not work outside the home. With family structures changing, and more women serving as the primary or sole breadwinner these days, the gender bias for alimony no longer exists. In fact, statistics indicate that some 40 percent of wives now earn more than their husbands, and the pursuit of alimony among men is becoming more and more common.
Divorce, in and of itself, is a complex legal process. Abuse, particularly the abuse of a shared child, can complicate matters even further. Thankfully, there are actions that you can take protect your child during the divorce process. Learn more, including what an experienced divorce attorney can do for you, with help from the following information.
Focus on Safety First
If you and your child are in an abusive situation, find a place where you can be safe. Family, friends, and even domestic violence shelters are examples of viable emergency options. It is also advised that you develop a safety plan and that you seek assistance with a restraining order. Both can provide additional protection while you are going through the divorce process.
Get the Authorities Involved
Law enforcement, medical professionals, and the Illinois Department of Children and Family Services (DCFS) all offer services to victims of abuse. Depending on your situation, they may also be crucial to your divorce case. All agencies can provide you with proof of the abuse, which can be used in the courtroom. DCFS can also conduct a thorough investigation into your circumstances, which may also help ensure protection for your child.
Although children of any age can struggle with divorce, toddlers may be especially vulnerable to the stress and changes within their environment. To make matters worse, to children in this developmental stage, parents are everything. They are the center of their world, the place they turn to when they feel hurt, alone, or scared. Divorce can disrupt that bond, especially when one of the parents leaves the home. Thankfully, parents can mitigate against this issue. Learn more with help from the following information, and discover how an experienced divorce lawyer can help you through the process.
Keep Conversations Simple and Child-Centered
Telling your child about the divorce is the first step in the process, and it should be approached with great care and consideration. Keep the conversation simple and straightforward, focusing mostly on the ways that the divorce will impact (or not impact) your child. Remember: toddlers are self-centric, and they are unable to grasp the complexities of divorce, so the impact that it will have on them is the information they want and need most.
Of all the elements of divorce, few are quite as contentious as the division of marital assets. Illinois divorces can become especially heated since, unlike in other states, assets are divided “fairly,” rather than equally. Learn more about how assets are divided in an Illinois divorce, and how an experienced attorney can protect your financial future during the process.
Equitable Distribution versus Equal Distribution
While many states distribute property equally in divorce – meaning, the value of the estate is divided equally between both parties – Illinois uses an equitable distribution method. Essentially, this means that the estate is divided “fairly” between the divorcing parties. Unfortunately, everyone has a different perception on what, exactly, fair means.
Negotiation versus Litigation
Divorcing parties can divide their marital estate in one of two ways: they can negotiate a settlement between one another (generally with the aid of a mediator and/or attorneys), or they can take the matter to litigation. If the divorce is negotiated, the definition of fair will depend upon each party’s interpretation of it, their willingness to compromise, and any advice given to them by their attorneys. Parties who cannot agree on settlement terms and those that may be at risk for asset hiding or depreciation may have the term “fair” decided by the courts; this type of divorce is known as the litigated divorce.
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