Money issues can cause a lot of fighting during any marriage. The stress that builds up when bank accounts are low can make your partner look like an enemy rather than an ally. This is the case especially if each spouse tries to manage their joint account differently. Some research suggests that arguments about money are a top predictor of the dissolution of marriage. But just as money issues can cause a divorce, there are money fears that are prevalent even through the divorce process.
One fear during a divorce is not getting what you deserve. Throughout marriage, each spouse plays a role in the accumulation of wealth. In some cases, that is simple assets like a house and a bank account. In some cases, the marital property is complex and its division can be the cause of fear. No one wants to be a sucker especially during a divorce. Make sure to talk to your divorce attorney to ensure that you uncover any hidden assets and set a fair value for your shared property.
Another fear that persists during a divorce is the fear of the unknown, specifically regarding the assets you will received after the divorce is finalized. The dread is that some assets are better to have like cash rather than equity in a house or even stock in a family business. A good way to alleviate your concerns is by speaking to a financial advisor who can explain what assets are more advantageous.
The last financial fear during a divorce is how it will affect your lifestyle once it is over. Their are certain things you can account for like spousal support, child support, your income and even investment assets. This can start to give you a picture of what your life will look like post divorce. Sit down and create a budget that you can follow once you are single again. If you have other questions or concerns, a legal professional can give you guidance. Contact an experienced divorce attorney in Saint Charles today to voice your fears.
If you are considering or actively seeking a divorce, then you will need the help of experts and legal professionals. They can provide insights into contentious issues like child custody, division of property, and support. In some cases, an expert can give you guidance on the proper settlement to your divorce. In other cases, they can provide trustworthy testimony in a litigated divorce. No matter what type of divorce you are seeking, these experts can assist you in the process.
1. Property Experts
Just as you would get your house appraised before selling it, a property expert will estimate the value of your marital home and other property. Their job is to compile prices of neighboring properties to have a sense of your house’s market value. They will also review custom upgrades, the structure of the home, and curb appeal. They will ensure that you get the proper value for your home when property is divided.
2. Occupational or Salary Experts
When deciding the fairness of child and spousal support, a judge will look at a variety of factors. They look specifically at each spouse’s current and potential earning ability to decide a fair amount. That can also mean that they look at any unemployed spouse’s educational and professional background to evaluate their earning potential. Having the testimony of an occupational expert can be invaluable during your divorce.
3. Psychological Experts
Another issue that can be difficult to decide in divorce proceedings is child custody. A psychological evaluator will assist in determining the right place for your children based upon your specific circumstance. Their informed judgment can define which spouse should retain primary custody and what the parameters should be in place for visitation. Child custody is often determined by what is in the best interest of the children.
Another expert that you should seek is a divorce attorney. Their experience can also help you in the divorce based on your specific needs. Contact a skilled divorce attorney in DuPage County today.
Most parties are able to agree to the terms of a divorce without having to go through the trial. In these cases, the parties would memorialize the terms of the agreement into a marital settlement agreement, which they present to the judge for approval. Absent some glaring deficiencies, the judge will usually make the agreement part of the final divorce decree.
Parties who have hired qualified divorce attorneys will also present the judge with a joint parenting agreement (“JPA”), which sets out the child custody provisions. For example, the JPA will state whether parents have joint legal custody or whether only one has legal custody and the other has visitation rights. In cases where parents are splitting physical custody, the JPA will set forth the daily custody schedule. Yes, the attorney will take a calendar and note on each day which parent has custody.
The JPA is a fluid document and an DuPage family lawyer will adapt it to each case. For example, if the parties are concerned about providing for the children in the long term, the attorney may advise them to create a trust and fund that trust with marital property. The attorney could set up the trust so that it invests the original funding amount and uses the income to provide for their children.
A JPA should also contain a provision requiring either parent to have life insurance and name the children as beneficiaries. The life insurance amount should be large enough to insure support for several years to come. For example, if the children are young, a life insurance policy of $20,000 or $50,000 would hardly be enough. A good rule of thumb would be to calculate how much the children would need yearly until they turn 18 and take out a life insurance policy for that amount. An experienced Illinois divorce attorney can easily make that calculation.
If you facing a divorce, you may have questions. Do not fight alone; contact an experienced Illinois divorce attorney who can represent you with the experience and professionalism you deserve.
The anxiety of divorce can be amplified when you are attempting to part ways with a partner afflicted with mental illness. According to Susan Pease Gadoua, founder and executive director of the Transition Institute of Marin in California, understanding the scope of the mental illness before getting a divorce can be helpful in preparing you for some of the challenges you might face.
One of the challenges in considering dissolving a marriage with a mental ill partner is that he or she may lead you to believe that they need you in order to cope with their illness or overcome it. This can feel like an extra burden and may make you feel guilty, too. If you have already put in months or years of helping your spouse manage or work through the issues related to their mental illness, making that final determination to divorce is all the more difficult.
Gadoua says that guilt over leaving a partner is a leading reason why partners stay in these relationships and marriages. One of the biggest challenges in living with a mentally ill partner is that behaviors that would be “red flags” or reality checks in other relationships become everyday normality for the healthy partner.
It is very easy to give in and spend all your time focusing on the needs of your partner, but it is important to conduct reality checks for you, too. Take some time to consider how the behavior and challenges are affecting your life. Spend some time speaking with a counselor to get some additional insight.
If you make the decision to move forward with your separation, surrounding yourself with a loving support system to help you through what can be a hard transition in the Illinois divorce process. If you are ready for more legal advice about divorcing a mentally ill partner, speak with an Illinois family lawyer today.
If your marriage is on the rocks and you and your spouse feel you have no choice but to separate, there is another route you may have the option to take instead of divorce: annulment. Divorce, by law, dissolves, terminates, or ends a legally valid marriage. Annulment, on the other hand, “erases a marriage by declaring the marriage null and void and that the union was never legally valid.” Although annulment technically erases your marriage, it is true that the marriage record will remain on file.
A simple way to understand the divorce vs. annulment topic is to think of divorce as ending a marriage, making both parties involved single again, while an annulment ends the marriage because the parties agree the marriage should not have happened or was never legal.
There are various reasons to turn to annulment rather than divorce, which include:
- You and your spouse are close blood relatives
- Either spouse was illegally married to another person when the marriage occurred
- Either spouse was not legally old enough to marry at the time of the marriage
- Either spouse was forced into the marriage
There are many other reasons for annulment, some of which can get very technical and messy. Many people turn to annulment due to religious reasons or the social stigma that comes with the term “divorce.” However, many people agree that divorce does not carry the same stigma it once did.
According to Lawyers.com, “The main benefit of annulment is the law treats the marriage as if it never existed. It’s over, and there are no further issues to deal with. Divorce, on the other hand, may mean involvement with your ex-spouse for years to come on issues such as support, property division, and raising children…Annulment isn’t for everyone. Only a small percentage of those who are married can even qualify for one.”
If you and your spouse are contemplating an annulment or divorce, be sure to contact an experienced family law attorney to walk you through the process and help you figure out which route will work best for you.
If you have ever listened to the song “Gold Digger” by Kanye West, you’ve heard the term “prenup”, which is short for prenuptial agreement. However, although we know that it can have something to do with money, not many people know what exactly prenuptial agreements are or what they can entail.
One legal dictionary states that a prenuptial agreement is a “written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved.”
While many people believe that prenuptial agreements are reserved solely for the rich, a prenup can benefit any couple. Regardless of financial status, a prenuptial agreement can be used to pass separate property to children from a prior marriage, clarify financial rights, avoid arguments in during a divorce, and to get protection from debts.
There are a handful of steps you must take in order to create a prenuptial agreement, the first of which it to disclose all of your assets to your future spouse. If you fail to do so, your agreement could be declined in the future. Next, have your future spouse disclose all of their assets to you as well. After you have both discussed your assets, put the provisions of your prenuptial agreement into writing. To do this, it is best to use a standard form prenuptial agreement that complies with the laws of your state. In order to make this document valid, you both must sign it in front of a notary public.
Prenuptial agreements are becoming more and more common as time goes on. If you and your future spouse believe a prenuptial agreement would be a good idea for your marriage, do not hesitate to contact an experienced Illinois family law attorney to assist you in creating one.
Relationships with in-laws can be tricky to start with, but navigating those waters during and after a divorce can bring extra tension to the situation. If you do have mutual children with your former spouse, it’s natural to want to encourage them to maintain relationships with their grandparents, but it also may put you in a tough spot to communicate with what might be your former spouse’s biggest allies. Implementing a few tips for interaction may help you work through this difficult aspect of divorce.
Encourage Positive Relationships
According to Grandparents.com and Lillian Carson, Ph.D. of the book “The Essential Grandparents’ Guide to Divorce: Making a Difference in the Family,” that children who have relationships with their grandparents should continue to enjoy time with them in as similar-as-possible environments to that of pre-divorce.
So, if you were comfortable with the children visiting your spouse’s parents pre-divorce, try to be amicable about providing similar amounts of time and experiences. This can be very beneficial for your children, who could be struggling to cope with a world of change already. Wherever you can support continuity and a support system for the kids, make the effort.
Stay Friendly for Your Kid’s Sake
If you did have a positive relationship with your in-laws, etiquette guidelines suggest that it is acceptable to maintain some communication with them even if you and your spouse have split. Try to give them some time to adjust to the situation too, and recognize that they might feel pulled in two different directions at times.
Go with their flow. If they don’t seem comfortable continuing to speak or spend time together, don’t push the issue. In that situation, you can let them know you’re around if they would like to talk or get together sometime, especially when children are involved. This may give in-laws a great sense of relief that you’re interested in staying amicable.
Divorce is a complex situation that will affect many people in your life. Working with a professional can help you understand what to expect and how to prepare. If you would like to learn more, contact an Illinois divorce attorney today.
With divorce on the rise since the 1970s according to The Future of Children organization from Princeton University, more people than ever need to know about child support. The organization reported that nearly one million couples have divorced every year since the late 1970s.
- For one child, 20 percent of the income will go to child support
- For two children, 28 percent must be paid
- Three children require 32 percent
- Four children require 40 percent
- Five children require 45 percent
- Six children or more require 50 percent
These percentages are calculated from the non-custodial parent’s net income, which includes all income after deductions are made. Deductions included are federal and state income taxes, social security, union dues, mandatory retirement contributions, some medical expenses and important debts.
If the court cannot determine the net income for some reason, the court will decide on an amount they it sees fit to the particular case. In administrative cases, a standard amount is used based on the minimum wage of the state.
This simple rule is applied to every child support case, unless specifically instructed otherwise. Factors that may alter the amount of child support are:
- Financial resources and needs of the custodial parent
- Financial resources and needs of the child(ren), such as special assistance to physical or mental handicaps
- Any standard living conditions that the child would have if the marriage had not been dissolved
- Financial resources and needs of the non-custodial parent
If you are going through a divorce or a separation and you are concerned about child support, contact Mevorah Law Offices LLC. With locations in Lombard, Bloomingdale, Rockford, Joliet and St. Charles, Ill., these attorneys are available to help you through your divorce and child support settlement today.
Domestic violence often starts with one simple, usually lesser, offense, and builds. It is very rare that an abuser will be a one-time offender and if they find someone who does not stand up to them, they will continue to beat that same person over and over again.
Domestic violence typically begins either sexually or physically for a large number of reasons, but once it begins, the violence will cycle through all types because it gives the abuser a sense of power and control, according to DomesticViolence.org.
The different types of abuse that abusers cycle through with their victims include:
Using Male Privilege: Husbands and boyfriends may begin to take control of the relationship by treating the wife or girlfriend as a servant, not including her in any big decisions and making a clear definition of his and her roles.
Using Economic Abuse: The man may do whatever he has to to keep the woman in the relationship from keeping a job and having total control of their money.
Using Coercion and Threats: The abuser begins to physically abuse the victim after threats, he may also threaten to commit suicide or leave her, force her to break the law and threaten her if she does not drop any charges that she may try to file against him.
Using Intimidation: The man in the relationship scares the woman into submission by breaking property, displaying weapons to her and abusing pets.
Using Emotional Abuse: The abuser makes the victim feel badly about herself by calling her names, making her feel guilty about things like how she behaves in the relationship, playing mind games and humiliating her.
Using Isolation: The abuser often controls what the victim does, including where she goes, what she reads and who she is allowed to see, he insures that her involvement outside of their home is limited and he will justify his actions with jealousy.
Minimizing, Denying and Blaming: The abuser blames the victim for his abuse, speaks of it lightly, as if it isn’t as bad as it is and completely denying that the abuse ever happened.
Using Children: The abuser gets total compliance of the woman by threatening to take the children away from her, he may use the children to relay messages to her, he may make her feel guilty about how she takes care of the children and he may even use visitation, if they are divorced, as a means to harass her.
Domestic abusers may start their abuse with any of these stages, but will eventually cycle through most, if not all, of them.
If you have started to notice that you’re significant other is acting like any of these descriptions, it is important to get out of the relationship before the abuse goes too far. Contact a family law attorney for assistance. Attorneys at the Mevorah Law Offices LLC in Lombard, Bloomingdale, Rockford, Joliet and St. Charles, Ill. can help you get a safe divorce from an abusive spouse or get an order of protection from an abusive boyfriend or girlfriend now.
Infidelity has long been cited as one of the most common reasons for divorce. According to InfidelityFacts.com, 53 percent of marriages end in divorce, and in 41 percent of all marriages one or both spouses admitted to infidelity (either physical or emotional). Just slightly more men than women admit to being unfaithful (57 percent vs. 54 percent), according to InfidelityFacts.com. The idea that men cheat more often than women is a commonly accepted fact, and, according to a recent study conducted by Texas A&M University and reported upon by the Huffington Post, there’s an actual physiological reason for this inkling. “It’s males’ stronger sexual impulses—and not their lack of self-control—that could be to blame” when it comes to their increased rates of cheating and infidelity.
Natasha Tidwell, one of the main researchers and authors of the study, said in a press release that “when men reflected on their past sexual behavior, they reported experiencing relatively stronger impulse and acting on those impulses than women did.” Researchers found that there wasn’t an obvious difference between men and women when it came to self-control. In one of the studies that contributed to the report, “researchers used a rapid-response test on 326 men and 274 women in which participants were shown photos of potential romantic partners and asked whether or no they’d like to enter into a romantic relationship with that person.” Men were more likely to choose people that were deemed attractive, or desirable, despite not necessarily being a good fit.
And yet infidelity may not be the most common reason for divorce, at least at not any more. According to a different Huffington Post article, a U.K. study recently found that “modern couples are much more likely to cite unreasonable behavior as the cause of their splits.” In the 1970s, nearly 30 percent of divorces were blamed on cheating, compared to only 15 percent today.
If you or someone you know is considering divorce, especially if your spouse was a cheat, don’t go through it alone. Contact a dedicated Illinois family law attorney today.