Posted on April 07,2021 in Divorce

When you get a divorce, there are dozens of things that you will have to do before the dissolution of your marriage is finalized. Many important issues must be settled, such as determining how you will divide your marital property and working out a parenting plan, and it is easy for some details to be forgotten or left on the back burner. Though your tax situation may not be at the forefront of your mind during the divorce, addressing it is important nonetheless. Here are three tax considerations that you should be sure to keep in mind.

Update Your Tax Filing Status

When you file your taxes each year, you will need to note your filing status, which influences the deductions you can claim and the income tax you may owe. Many married couples file their taxes as “married filing jointly,” but once you are divorced, you must revert to filing as “single” or “head of household” depending on your circumstances. However, your filing status will depend on when your divorce is actually finalized. The IRS considers you to be married for the entire year if your divorce was not finalized by December 31 of that tax year. On the other hand, you are considered to be divorced and unmarried for the entire year if your divorce is granted by December 31.

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 Posted on March 25,2021 in Asset Division

For many Americans, having a vehicle is extremely important and practically necessary to live everyday life. In the suburbs of Chicago and surrounding counties, many people rely on their vehicles to commute to and from work every day, making them a vital asset. However, as a physical and often valuable asset, vehicles can be subject to division during a divorce. This means you and your spouse will be tasked with the job of determining how your vehicles will be handled. Before you start the negotiation process, there are certain considerations you should make pertaining to your vehicles.

Are Your Vehicles Subject to Division?

Before you do anything, you should determine if your vehicles will even be included in your marital estate. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA,) only marital property, meaning that which was acquired during the marriage, is subject to division. If the vehicle was purchased prior to the marriage, it is likely not considered marital property and therefore not subject to division in your divorce.

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 Posted on March 18,2021 in Family Law

Divorce affects families from all walks of life, but the specific issues that each family deals with are different depending on their circumstances. When it comes to families with high incomes, the division of property and assets can be especially challenging. Child support can also easily become a contentious issue between high-earning parents, especially if the parents’ financial situation is not covered under the Illinois child support guidelines.

Understanding the Income Shares Model

In an effort to maintain as much fairness as possible, the state of Illinois currently uses an income shares model to calculate the amount of child support that should be paid each month. It is not the responsibility of just one parent to financially support a child, and as such, instead of just the paying spouse’s income being considered, both parents’ incomes are taken into consideration when the payment calculation is made. The calculation also takes into consideration the number of children that are being supported and how many overnights the children spend with the non-custodial parent each year.

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 Posted on March 12,2021 in Divorce

There are not many divorces that are completely amicable, with both spouses on the same page about all of the issues to be resolved. Sometimes, disagreements between spouses can lead to one or both lashing out in the form of destructive, high-conflict behaviors. Not only can this distress everyone around them, but it can also make the divorce much more difficult. Going through a divorce with a high-conflict spouse can be unpredictable, but temporary orders can help take some of the uncertainty away.

What Type of Temporary Orders Can I Petition For?

In almost all divorce situations, the family unit has been disrupted and the household no longer functions as it used to. Both spouses may not even live in the same home anymore. In high-conflict divorces, this marital breakdown can bring much uncertainty, especially when it comes to things such as spending time with the children and paying household bills. Temporary court orders can be requested when there are concerns of a high-conflict spouse.

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 Posted on March 04,2021 in Divorce

So many uncertainties pop up when you know that divorce is in your future, and one of the biggest questions people have is about the price tag. It is no secret that getting a divorce can be expensive, but many people do not realize just how expensive a divorce can be until they are in the middle of the chaos. Some divorces can be completed for as little as a few thousand dollars, while other divorce price tags can jump into the hundreds of thousands. But why is there such a big price difference from divorce to divorce? For the same reason there are such big differences in the divorce agreements: no two situations are the same.

Factors That Influence the Cost of Divorce

There are various elements that factor into a divorce that can affect the cost of the process. These factors can include:

• Whether your divorce is contested or amicable: One of the biggest factors in determining how expensive your divorce ends up being is the ability for you and your spouse to cooperate. If you and your spouse are on the same page and you do not have any major disagreements, your divorce will likely cost much less than if the same issues were contested.

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 Posted on February 25,2021 in Child Custody

In today’s world, most divorces are settled in some sort of amicable fashion. As the understanding of family, child, and adolescent psychology has evolved in the past couple of decades, family courts have increasingly advocated for couples to settle their issues in agreement with one another, which can lessen the burden on everyone. Unfortunately, however, not everyone is able to do this. Some couples end up in contentious situations that breed resentment that follows them into their post-divorce life.

Child-related issues such as parenting time and parental responsibilities are very emotionally driven topics that are often the cause of disputes after the divorce is final. Sometimes, a parent can take a dispute to the extreme and begin to interfere with the court-ordered parenting plan, which causes even more stress for the family.

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 Posted on February 23,2021 in Asset Division

When going through the divorce process in Illinois, couples typically focus on how to divvy up assets they acquired during the marriage. Less attention is paid to the financial obligations the parties incurred since the wedding date, so debt in divorce is often overlooked. In particularly contentious cases, bitter disputes and court battles may erupt as one spouse attempts to hold the other accountable for the amount due. Even if you are on relatively good terms, marital debts can often stand in the way when you are trying to reach an agreement on distributing real estate and personal property.

It is always wise to rely on experienced legal counsel when addressing divorce-related issues, so you should consult with an attorney about your specific circumstances. However, an overview of Illinois law may help you understand the basic concepts.

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 Posted on February 19,2021 in Divorce

Divorce can be a particularly expensive legal endeavor, especially for couples who already have complicated finances. When a couple or one of the spouses is struggling with debt, the costs of divorce can be incredibly difficult to bear. Many people benefit from pursuing debt relief through bankruptcy around the time of their divorce, but if this is something you are considering, you should understand how the timing of your filings can affect your finances and the divorce process.

Timing Your Divorce and Bankruptcy Filings

Some couples choose to file for bankruptcy together before beginning the divorce process. One benefit of doing so is the ability to share bankruptcy fees and costs with your spouse. Filing for bankruptcy before divorce can also help to simplify the division of marital assets and debts, especially in the case of Chapter 7 bankruptcy, through which certain assets are liquidated in exchange for the discharge of debt. Having a more clear understanding of where your finances will stand after bankruptcy can lead to a more equitable distribution.

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 Posted on February 03,2021 in Child Custody

After the divorce process has been initiated, one of the most difficult things for parents to adjust to is the change in their parenting schedules. Instead of seeing and spending time with your child every day, you might only be spending a few days with your child each week. For many parents, this can feel as if they never get to spend enough time with their children. One option that can help a divorced parent spend more time with their children is including a clause known as the right of first refusal in the parenting agreement. An Illinois family law attorney can help you draft a parenting plan that includes this provision.

What is the Right of First Refusal in a Parenting Plan?

The right of first refusal means that when one parent is unable to take care of the child during their scheduled parenting time, they are to first check with the other parent to see if they would like to care for the child before making alternative child care arrangements. The idea behind this is to allow both parents to spend as much time with their children as possible rather than resorting to another option, and in some cases, it may even help parents save on child care costs.

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 Posted on January 27,2021 in Child Custody

In many divorces, the most contentious issues tend to be those involving the children. Both parents are usually concerned with protecting their rights, and it is not uncommon for parents to disagree on issues such as the allocation of parenting time and decision-making responsibilities. Even after the dust has settled, these disagreements can be dragged up again and get even more heated when one of the parents requests a modification to the parenting plan because of their intention to relocate with the children. If you are opposed to your former spouse’s relocation, you may have options to prevent it from happening.

Prior Notice of Relocation Must Be Provided

If your ex-spouse wants to move from their current residence to a new residence and take your children with them, they are not always able to do so without your permission. In some cases, a parent’s move is considered a relocation, which requires certain prior documentation and notice to the other parent before the relocation can take place. A notice must be provided to you prior to the relocation if the other parent’s new residence will be:

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