Posted on December 00,0000 in Division of Property

Like many other legal fields, divorce is a complex process that can be emotionally overwhelming. Adding to the confusion are the many myths that circulate the Internet. Because each case is unique, the outcome of one person’s divorce is not a good indicator of what yours will yield.

Sometimes, acting upon divorce myths can compromise your interests. For example, many husbands believe that the mother automatically will receive custody of the child, so they do not attempt to fight for custody. The truth, though, is that the courts do not view the mother as the default parent. Consulting a family lawyer is the easiest way to separate fact from fiction when it comes to divorce.

Myth 1: Prenuptial Agreements Are Permanent and Non-Negotiable

Prenuptial agreements, or “prenups,” are popular among wealthier individuals. The goal of signing a prenup is to protect a person’s wealth and assets if the couple decides to divorce.

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 Posted on December 00,0000 in Aurora Family Law Attorney

As most people who go through a divorce are aware, ending a marriage involves a lot more than filing paperwork and relocating. Although each case is unique, many divorcing spouses must deal with complicated child support and custody negotiations, property division, or alimony. Understanding how the law relates to your divorce can make the process a whole lot easier. Marital finances during a divorce can become particularly stressful. In addition to transitioning into a single income, divorcing spouses may not understand how to manage credit cards and other financial accounts. This article will provide some helpful insight into the monetary side of divorce:

 Joint Credit Cards

 According to Creditcards.com, creditors do not necessarily recognize a divorce ruling. Debt is debt, and as far as a credit card company is concerned, couples are responsible for paying joint debt when the marriage ends.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Divorce is a reality for couples from all economic classes. Although the process of dividing assets, businesses, and bank accounts may be slightly more complicated for spouses with a high net worth, all divorce cases can be emotionally challenging and legally complex.

In addition to the emotional hardship, most divorce cases are similar on certain levels. Here is a breakdown of three parallels between high-asset divorces and regular cases:

1. Court etiquette is always important.

As with all legal matters, courtroom etiquette applies to divorce cases. It is always a smart idea to arrive on time—if not early—and to dress formally.

Before the court date, you and your attorney should both understand when to arrive, where to meet, and the pertinent details of the case. While much of this may seem like common sense, the stressful nature of divorce cases can make it easy to forget certain details that end up making the situation more complicated.

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 Posted on December 00,0000 in Children of divorce

Losing custody of a child is a devastating prospect. Although most people think of divorce when they imagine child custody cases, the state can also assume custody of children if it determines that neither parent is fit to raise them. This often happens if one or both parents faces criminal charges.

It is possible for parents to regain custody of children, however, some erroneously decide to take the law into their own hands. Suddenly a child custody case becomes a parental kidnapping case. A recent story demonstrates the consequences of breaking custody laws.

According to news reports, two non-custodial parents have been charged with abducting their own children eight years ago. Law enforcement arrested them in the state of Illinois.

The children had been missing since 2007. Those close to the case believed the parents had taken them illegally, but suspicions remained unconfirmed until the recent arrest.

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 Posted on December 00,0000 in Division of Property

When spouses divorce, they lose a lot more than a long-term relationship. The end of a marriage can mean the loss of property, social circles, and even custody of children. Property division is one aspect of divorce that often leads to disputes.

Most spouses quickly learn that there are two main categories of property: separate and marital. Separate property includes any property that one spouse owned before the marriage. It may also include inheritance or a gift from a third party. Marital property, however, includes just about everything that the couple acquired during the marriage.

 When it comes to mortgages, however, many divorcing spouses have a long list of questions and concerns. This article will discuss the ways that divorcing couples can handle a mortgage.

What Happens to a Mortgage after a Divorce?

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 Posted on December 00,0000 in Children of divorce

Divorce always comes with several challenges and unique adjustments to each spouse's life. Whether these are financial, emotional or parental challenges, they often feel as if they come at an abrupt time and demand quick change.

Single parents face many distinct hurdles, and these vary depending on the family structure, income, and assets. Children who enjoyed living in a tight-knit family will have to adjust to living with a single parent and perhaps seeing the other only on weekends. Spouses must adjust to a single income, and they may lose their social circles. Still, divorce is often a smart decision for couples who are no longer in a healthy relationship.

When Is the Right Time to Leave Children at Home?

Single parents often base their schedules on when their children are in and out of school. Though this is true for married couples, as well, single parents more often struggle with whether or not to leave their children home alone.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Many people throughout the country have child support obligations. However, many people do not appreciate the seriousness of paying their child support in a timely manner. If you fail to pay child support and neglect to show up at what is called “a hearing to show cause” for failure to pay, you can be found in civil contempt and spend time in jail.

One of the most important aspects of child support is maintaining an amount that complies with the law. Furthermore, depending on which state’s laws apply, fluctuations in both the custodial and non-custodial parent’s income can affect the amount of child support obligation. Therefore, it is very important to seek legal advice concerning child support obligations because failing to pay can land you in jail.

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 Posted on December 00,0000 in Aurora Family Law Attorney

With so many issues to consider in a divorce, from property division, to child support, to spousal maintenance, separating spouses may forget to think about their estate and estate planning documents. However, spouses should take specific estate planning changes after a divorce in order to ensure that their ex-spouse no longer has rights to anything after the separation.

Changes to the Will

First, spouses should review their will. Most married couples designate their spouse as the main beneficiary of their will, either giving all or the majority of their estate to their spouse. Many divorcing spouses do not want their soon-to-be ex-spouse to inherit any of their estate. Of course, spouses that are currently going through a divorce have property that is still combined, which will most likely be divided equitably. However, spouses can rewrite a will to protect themselves during the divorce and into the future.

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 Posted on December 00,0000 in DuPage County divorce lawyer

Divorces can be a headache. If you have recently begun the process of ending your marriage, you might find yourself dreading the hours of meeting with attorneys and fighting your spouse in court that are ahead. Fortunately, there is a better way to do things. If you and your spouse feel that you can fairly and effectively create a divorce settlement that meets both your needs, consider taking the collaborative divorce route.

A collaborative divorce is a results-focused process that requires a divorcing couple to work as a team to end their marriage. It requires both parties to be able to verbalize what they want from the divorce and to be flexible with each other, compromising when necessary. Because of the tasks it requires from the divorcing parties, a collaborative divorce is not right for every couple.

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 Posted on December 00,0000 in Children of divorce

In the United States, a child is considered to be an adult when he or she reaches the age of 18. Usually, it is assumed that an adult can find work and support him or herself financially. But what about adults with significant physical or mental disabilities that prevent them from financially supporting themselves? If you are a parent of a child with special needs and you are currently making child support payments for his or her care, you might wonder how your responsibility to provide this support will change when he or she reaches adulthood.

The Illinois Marriage and Dissolution of Marriage Act outlines the requirements for child support in Illinois. It specifies the amount of money a noncustodial parent is expected to pay in child support and the circumstances under which he or she is required to pay it. It also addresses the needs of young adults with disabilities who require parental support into their twenties and beyond. Many divorcing couples with special needs children include the terms of this continuing child support in their child support agreement.

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