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Recent Blog Posts
What Are Some Common Mistakes People Make During a Divorce?
It is without question that deciding to get a divorce is a life-altering decision. Divorce carries significant implications for both spouses, which may be both financial and emotional. It is not uncommon for someone to experience a flood of emotions throughout the divorce process. Many emotions, like fear, anger, or guilt, may linger for years, even after a finalized divorce.
Getting a divorce can be complicated, not to mention a complex one. As a result, it is possible and also quite common for people to make mistakes. These mistakes may affect how divorce proceedings play out and leave lasting scars on the parties getting divorced and their families. This blog will look at some of the most common mistakes people make during divorce. Notably, the worst mistake someone can make is failing to hire a highly knowledgeable divorce attorney to represent them and advocate for their rights.
Examples of Common but Costly Mistakes People Make During Divorce
College Expenses for Divorced Parents in Illinois
Paying for college is already a significant financial burden but can be even more complicated when receiving child support. If you are a parent receiving child support who is trying to help your children pay for college, there are specific steps you can take to ensure that your obligations and responsibilities are met. Here, we will discuss navigating college expenses with child support in Illinois.
Child Support Obligations and Responsibilities
If the noncustodial parent (or supporting parent) is obligated to pay child support, they must continue making payments until the child reaches 18 years of age or completes high school. The obligation ceases at age 19 or when the child graduates from high school (whichever comes first). In Illinois, if it is determined that additional payments must be made for college expenses, both parents can agree on an amount or have the court decide. It is important to note that any agreement between parents must comply with state laws and regulations.
How Do Changes in Income Affect Child Support?
Changes in income for either parent can significantly affect child support payments. If the non-custodial parent’s income increases, the court may increase the child support they must pay. If the non-custodial parent experiences a decrease in income or becomes unemployed, the court may reduce the amount of child support.
Either parent can petition the court to modify their child support payments if there is a significant change in income. The process usually involves filing a formal request with your state’s family court system and providing evidence of income change. Depending on the situation, both parents may be required to attend a hearing and present their case before the court.
What to Keep in Mind During the Process
In Illinois, the Department of Child Support Services will review child support payments every three years unless a parent petitions for an earlier review based on a substantial change in circumstances.
3 Things to Know About Marital Debt During an Illinois Divorce
Debt is often a significant issue in a divorce. Most people have some sort of debt, so it is vital to understand how to navigate the process of splitting marital debt during your divorce. If you or your spouse have student loans, credit card debt, personal loans, a mortgage, or any other type of debt, it is important that you know your rights and responsibilities during divorce. Here are four essential things to know.
1. Marital Debt is Divided Equitably
Like marital assets, debts accumulated during the marriage are considered marital debts. Debts acquired by a spouse prior to getting married are usually non-marital debts. If the court divides marital debt, it will be divided equitably between both parties. This applies to long-term debts, such as mortgages or car loans, and short-term debts like credit cards or medical bills. Each party is responsible for paying its share of the marital debt.
Child Relocation Issues in Illinois Divorces
The Illinois Policy Institute reported earlier this year that Illinois had the most state residents moving to other states in 2021, with Chicago also having the most people moving out of any metropolitan area in the United States. The news marked eight straight years of population declines for Illinois, and there seems to be no avoiding the likelihood that more and more Illinois divorces now seem to be more and more likely to involve an out-of-state child relocation.
When one parent will remain in Illinois but the other parent is heading for a better climate elsewhere, the decision to move can have major implications on child custody determinations. Parents need to retain appropriate visiting time with children despite these moves.
How Relocation Works in Illinois
A custodial parent or parent who shares equal parenting time must notify both the other parent and the court when they plan to move, and written notice must be provided at least 60 days before the date of a move. The notice must contain the new address the person will be living at, the date they will begin living there, and whether the move plans to be temporary.
Alternative Dispute Resolution in Illinois Divorces
Litigation in any divorce case can be an expensive and time-consuming process that most spouses want to avoid, but there are issues that may not be resolvable and require court intervention. Any person who is dealing with a particularly contentious divorce will want to be sure to contact a Rolling Meadows divorce attorney as soon as possible for help exploring all options for dispute resolution.
It is not uncommon for judges in some cases to order couples to seek alternative dispute resolution in their case, and the three forms of alternative dispute resolution used to resolve divorces in Illinois include arbitration, collaborative divorce, and mediation. There are major differences between all three of these models, so you should not assume one method is the same as the others.
Types of Alternative Dispute Resolution
Arbitration is essentially a mini-trial presided over by a third party known as an arbitrator who hears evidence and renders a judgment. An arbitration decision can be final and binding, so it does not offer much flexibility.
Illinois Child Custody Laws in 2022
When a couple is in the midst of a divorce, child custody can be one of the most contentious issues between the spouses as both parents will usually be seeking as much time as possible with their children. One of the first things to understand about major changes to Illinois child custody laws is that the Illinois Marriage and Dissolution of Marriage Act no longer refers to the matter as “child custody,” but instead as parental responsibility and parenting time. Multiple factors go into court determinations in these types of cases.
Parenting Time and Parental Responsibilities
As it relates to child custody in Illinois, parenting time means the amount of time and the schedule during which parents can spend time with their children. Parental responsibilities is the decision making capability each parent will have when it comes to the health care, educational, and social, religious or extra curricular activities in a child’s life.
Financial Documents You May Need as Evidence in Your Divorce Case
As with any other type of contested case, your divorce proceedings are likely to involve quite a bit of evidence. If you proceed to divorce litigation, it is likely that you and your spouse are unable to reach an agreement - and may not agree on certain facts. For this reason, strong evidence is needed to back up any legally relevant assertions your attorney makes in the course of litigation. When it comes time to allocate marital assets and debts, it can be challenging to make determinations about who should keep what. Spouses may disagree about whose responsibility a debt is, or who brought a certain asset into the marriage. There may be disputes over what is marital as opposed to separate property. It is wise to begin gathering financial documents like bank records if there is any possibility of your case going to court. Strong evidence is often the key to a fair allocation of marital property. Our attorneys can offer you more particular guidance about what types of evidence may be needed in your case.
Protecting a Child With Temporary Orders During a Divorce
For many parents, ensuring that their child will be protected is of the highest priority during a divorce action. Children generally cannot act in their own self-interest from a legal perspective. Minor children have little say during divorce proceedings. Depending on their age and maturity level, their preferred custody arrangement may or may not be respected. In most cases, they cannot take legal steps to protect their interests. It is almost always up to the parents to act in the child’s interest and to protect them while divorce proceedings are pending.
Parents may be able to obtain certain types of temporary relief that could help safeguard their child’s financial security and safety until a finalized divorce decree can be achieved. If you have concerns about protecting a minor child while your divorce action is in the courts, an attorney may be able to help you secure temporary orders to guard your child’s interests and minimize the short-term effects of divorce on them.
Steps to Take Before Divorce Resolution Talks Begin
A large percentage of spouses getting divorced in the modern era do not turn to a court to decide each issue in their case, but rather, arrive at a mutually agreeable settlement on their own through alternative dispute resolution techniques, such as mediation and attorney-facilitated negotiation. These techniques can save both parties substantial time, stress, and money when used properly. Avoiding a need to litigate your divorce can prevent the diminution of the marital asset by sparing expenses associated with gathering evidence and proceeding through a trial. However, it is important that you take certain steps to protect your interests before beginning the dispute-resolution process. A lack of preparation can interfere with your ability to strike a fair bargain and influence the ultimate outcome of your divorce. A qualified divorce attorney can assess your case and offer you advice particular to your unique situation, as the preparation needed for divorce mediation or negotiation can vary based on the specific issues of your divorce.
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