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Avoid These Common Financial Mistakes in Your Illinois Divorce
Everyone knows that divorces are expensive, but they cost a whole lot more than just money -- they also cost you precious time, energy and emotional stress. Money is one of the biggest stressors in both marriage and divorce, which is why divorces can be so tense and combative. There are many complicated decisions you must make during a divorce and a good amount of them revolve around your finances. The decisions that you make about your finances when you get divorced are decisions that will affect you for a good portion of your life. Try to avoid making these four common financial mistakes during your divorce:
Not Having All of You and Your Spouse’s Financial Documents on Hand
Preparation is key when it comes to divorce. You will want to make sure that you have all of you and your spouse’s financial documents before you begin to negotiate who gets what. Make sure you have bank statements, credit card statements, mortgage and loan information and any other relevant financial documents on hand. If you think that your spouse is hiding assets from you, let your lawyer know. They will be able to help you uncover any hidden assets.
Establishing Paternity Through Genetic Testing in Illinois
In the state of Illinois, a man is only legally presumed to be the father of a child if the mother was married or in a civil union with him when the child was born or within 300 days before the child was born. If the mother was not married when the child was born, the man she names as the father of the child is then referred to as the alleged father. That man will only become the legal father after one of three things happens:
- Both parents complete and sign a Voluntary Acknowledgement of Paternity form when or soon after the child is born;
- An administrative paternity order is entered into by a child support agency; or
- An order of paternity has been entered in court by a judge.
If the father contests the paternity of the child, the mother will then have to file a paternity suit that seeks to establish a parent-child relationship between the father and the child. Once you enter into a paternity suit, the judge will more-than-likely order the mother, the alleged father and the child to submit to genetic testing.
Considerations for Stepparent Adoptions in Illinois
In the United States, the traditional family unit has been changing more and more with each passing year. Families only comprised of a married mother and father and their biological children are now not the only “acceptable” form of a family. With the legalization of gay marriage in the U.S. in 2015, more families are composed of same-sex couples with adopted children. With divorce becoming more common and more socially acceptable, blended families have also become more common. Sometimes, to complete a blended family, step-parents may want to adopt their spouse’s children. This is called stepparent adoption and it is the most common form of adoption in the U.S.
Special Considerations
Related and unrelated adoptions are very similar in some ways, but also very different. Related adoptions can often be easier to complete than unrelated adoptions, but they do come with their own specific set of factors that should be taken into consideration. These include:
Dealing with a Difficult Spouse During Divorce
Divorce is already stressful enough for the entire family. When you are dealing with a spouse who has it out for you, it can become even more difficult and it can make dealing with even the smallest issues a lengthy process. Adding children into the mix makes everything even more difficult, especially when your spouse insists on settling things in the courtroom when they could just as easily be settled outside of the courtroom. Dealing with a toxic spouse is emotionally draining, so here are a few tricks you can use to cope with your spouse during your divorce:
Make Sure You Document Everything
When it comes to toxic spouses, they will often bend the truth, change what they said previously or lie altogether. Do not allow your spouse to make you rethink events that happened in the past. You should not have to question your own memories, so making sure you document everything is key. If you communicate about something important, make sure you either record the conversation or get it in writing, that way you have hard evidence of the conversation that actually took place.
Child Custody Disputes and the Role of the Guardian ad Litem
In divorce cases that are less-than-amicable, things can get heated and they usually get heated quickly. While most divorce cases involve children, those cases can often be the most stressful to deal with. Each parent truly wants what is best for their child, but because of the situation, thoughts on what is best for the child may become skewed or muddied with all of the other feelings that the parent may be feeling toward their spouse. In situations like these, the judge or either of the parents is allowed to request a guardian ad litem (GAL) to be a part of any child-related decisions.
What Is a Guardian ad Litem?
In Latin, guardian ad litem literally translates to “guardian for the lawsuit.” In modern-day divorce cases, a guardian ad litem is typically assigned to cases when they are ordered by the judge, but either spouse of the divorce can request a guardian ad litem for their child. The guardian ad litem is a guardian appointed to your specific case and is tasked with the role of protecting the interests of the child.
Reasons You Should Consider Collaborative Divorce
It is no secret that divorce is difficult. What some people do not know is that there is more than one way you can get a divorce. From DIY divorces to mediated divorces, there is a process that fits almost everyone’s situation. One type of divorce -- a collaborative divorce -- can be beneficial to the entire family. A collaborative divorce is one in which both spouses sign an agreement stating that neither of them will go to court and will instead determine solutions to their problems through meetings with attorneys, financial advisers, child specialists, and other professionals. There are many reasons to choose a collaborative divorce over a traditional litigated divorce, but here are just a few:
- You can actually end up saving money with a collaborative divorce. Traditional litigated divorces can end up costing you four times as much as a collaborative divorce would cost. While you do end up hiring more people to help you complete your divorce, the trained specialists actually help you complete your divorce quicker and with less arguing. Plus, you are saving on countless hours of lawyers fees and court costs.
Tips to Reduce Stress for Children During Divorce
Although a divorce may be exactly what you wanted, your children may not think that a divorce is a good thing. Divorce can be extremely tough on families -- especially on kids. Changes in the home, daily routines and living situations can be a big stressor to children, who very much thrive off of routine. All children react to divorce and cope with the stress of divorce differently. While some children may act out by misbehaving in school, other children may act out by reverting to habits of younger children. Divorce is difficult for everyone, but here are a few ways you can help your children cope with the inevitable stress of divorce:
Be Honest with Your Children
Especially when telling your children about the divorce, you should strive to be as honest as is appropriate. Your children deserve to know why you are getting a divorce, but you should adjust the level of detail to suit the age of your child. Younger children need simple, concise answers, while teenagers may need more detail.
Valentine's Day During Divorce
Most people have a love or hate relationship with Valentine’s Day. Some people cherish the thought of pink and red hearts, chocolates and flowers. Other people loathe the insincerity of giving presents on a random day to declare your love. For those who are going through a divorce or have recently finalized their divorce, Valentine’s Day can be a giant reminder that you no longer have a significant other. While this can be depressing to some people, you should not let it get you down. Here are five ways you can survive your first Valentine’s Day as a single (or almost single) person:
Do Not Spend the Day Alone
It will help no one if you stay at home and wallow in your sadness all day. Call your friends, spend time with family, volunteer at a homeless shelter or nursing home -- the idea is to surround yourself with people on Valentine’s Day so you do not feel so alone.
Let Your Feelings Out
One of the most important things to remember is that it is OK to be sad. You are completely entitled to feel however you want to feel on Valentine’s Day -- whether that be angry, sad, depressed or hopeless. Allow yourself to release your anger, cry, yell, whatever it is that will make you feel better -- but then compose yourself and go about your day.
What to Wear to Your Illinois Divorce Proceeding
Most people do not spend a lot of their time in court, which can make for some trepidation when you are required to appear. When you get a divorce, no matter the route you decide to take, you will have to appear in court before a judge at least once to finalize your case. When it comes to Illinois divorce cases, dressing for success takes on a whole new meaning. While it may seem ridiculous, the way you dress can have an effect on the outcome of your divorce proceeding. Here are a couple of tips to help you determine what to wear before you attend your divorce proceeding:
Guidelines for Women
The courtroom is a very formal place where you are going to represent yourself to the judge. Because of this, you should aim to dress conservatively and professionally. Women should wear items of clothing such as:
- A dark, non-patterned dress;
Mental Health and Parenting Time and Responsibilities
According to the National Alliance on Mental Illness (NAMI), there are around 44 million people who experience a mental illness in any given year and around 10 million adults live with a chronic mental illness. Mental illness can include a vast variety of diseases, including bipolar disorder, schizophrenia, eating disorders and post-traumatic stress disorder, though the most common mental illnesses in the United States are depression and anxiety disorders. Going through a divorce can affect those with a mental illness more than the average person, emotionally and mentally. While it is not a major and definite factor in deciding parenting time and responsibilities in Illinois, it can play a factor.
Making Decisions Involving Children in a Divorce
According to the Illinois Marriage and Dissolution of Marriage Act, when a judge is making decisions involving children in a divorce, he or she must make those decisions in consideration of the child’s best interests. Many factors are taken into consideration when determining the child’s best interests and some of these factors include: