Recent Blog Posts
Parenting: How to Be a Successful Father After an Illinois Divorce
Divorce is difficult for everyone in the family, but it can be especially difficult for fathers who are going through a divorce. Even though it is 2019 and most people agree with the fact that a child does his or her best when both parents are involved in their life, fathers are often given the short end of the stick when it comes to divorce. Mothers are still seen as the primary caregiver and are often still given preference when making determinations about parenting time and decision-making rights. Though it may seem that there are numerous societal and cultural factors that are working against fathers, having help from a divorce lawyer who focuses on father’s rights can be beneficial. Here are four things you can do to be a good dad after your divorce:
Fight for Your Right to Parenting Time
Protecting a Business in a Divorce
There were an estimated 27.9 small businesses in the United States in 2010. Owning a business can be a very rewarding and fulfilling experience, but it can also be scary if you get a divorce. Typically in Illinois divorces, the two spouses must split their assets according to Illinois’ equitable division guidelines. This does not necessarily mean that each spouse will get half of the marital assets, but it does mean that the judge will determine what is equitable. The only things that are subject to division are those that are considered marital property. Your business may or may not be considered marital property and figuring that out is your first step in protecting your business from your spouse. Here are a few ways you can protect your business and keep it in your control during your divorce:
Get Your Business Valued
How Child Support Is Calculated in Illinois
Even though there has been a rise in alternative forms of co-parenting after a divorce, couples typically live in two different residences after they become divorced. Most of the time, children of divorced couples travel between the two parents’ houses according to the parenting time agreed upon by the couple. Illinois recognizes that the presence of both parents in a child’s life is important, which is why more and more couples are receiving equal or nearly equal parenting time. If one spouse has more parenting time than the other spouse, then the spouse with a lesser amount of parenting time will typically be responsible for making child support payments to the other spouse.
Calculating Basic Support Obligations
The first step to calculating child support payments is finding each parent’s monthly gross income. Once the monthly gross income is figured, then the Gross to Net Income Conversion Table is used to figure out each parent’s monthly net income. Then, both parents’ monthly net incomes are added together and the corresponding value is taken from the Income Shares Schedule. The amount from the table is the basic amount of money that should be spent on the child each month for living expenses, food, clothing, and other basic needs.
What Happens to the Family Home in an Illinois Divorce?
While you and your spouse were married, you probably accumulated quite the collection of assets, which can range from money in the bank to vehicles and real estate. Many couples who divorce own a home together, which can be difficult to deal with when it comes time to split your assets during the divorce. If you and your spouse purchased the house during the marriage, your house will be considered marital property. If one of you owned the home prior to tying the knot, then your home may be considered non-marital property unless you and your spouse refinanced the mortgage or put both of your names on the deed to the home. There are basically three options that you and your spouse have when it comes to dividing the value of your home: you sell the house, one of you keeps the house, or you both keep the house. Everyone’s situation is different, so what may work for other people may not work for your family. Before you make the decision, you should weigh the pros and cons of each option. You Sell the House The easiest thing to do for most couples would be to sell the house, split the proceeds, and go their separate ways. This option is obviously ideal for couples whose home has appreciated in value, but couples whose home has depreciated in value may want to look at other options. If the house has appreciated in value, capital gains may be owed on the sale of the house and both spouses will be responsible for paying half of the bill. One Spouse Keeps the House This can be a tricky option. If one spouse wants to keep the family home, that spouse will have to become the sole owner of the home. To do this, the spouse will have to refinance the house with a new mortgage. The new mortgage would take the spouse’s own creditworthiness into consideration when refinancing and your interest rate could go up if this happens. You may also need to buy your other spouse’s half of the home from them, which could become expensive. You Both Keep the House Though it may be rather unusual, some couples may agree that the best option is to keep the home as a jointly owned asset. Most of the time, this is a short-term option for couples who either do not immediately qualify for a new mortgage, do not have the funds to buy out each other’s half, or just do not want to sell the house because of the children. Consult with an Aurora, IL Property Division Attorney
Tips for Successful Co-Parenting After Your Illinois Divorce
Parenting is a full-time job and it is never really easy. Co-parenting can be even more difficult after a divorce, especially if your divorce was particularly heated and contentious. You may wish that you never have to see or talk to your ex-spouse ever again, but the truth is when you have children, you will never truly be completely separate from your spouse. Your children are the most important aspects of your life and for their sake, you should learn how to co-parent peacefully with your spouse. Here are a few tips you can use to help form a successful co-parenting relationship with your ex: Put Your Emotions on the Backburner Co-parenting is almost never easy. You may feel emotions like anger, disappointment, sadness, rage, and even hatred, but you must try to put these feelings aside and work with your ex, rather than against them. Never allow your feelings to put your kids in the middle of your problems with your ex. You can argue with your ex all you want, just do not do it in front of your child. Work to Communicate Effectively When it comes to successful parenting and co-parenting, communication is key. Though you may not want to communicate with your ex, you will have to in order to co-parent effectively. Try keeping conversations with your ex centered around your children rather than yourselves and try to keep the tone of the conversation formal and business-like. Be Consistent Consistency is key with children. They thrive off of routine and it can even help them to cope with the divorce by not adding more stress and different expectations at each home. Try to keep their schedules as similar as possible at both homes, like having the same bedtime at each home. Make Decisions Together Your child’s well-being is your number one priority. Decisions about your child should be made by both you and your ex -- not just one of you. When it comes to decisions about your child’s education, medical care, and other important life issues, you should always include your spouse in the decision-making process. Hire a DuPage County Child Custody Attorney Today
How Illinois Fathers Can Prepare for Child Custody Hearings
Even just a decade ago, it was uncommon for fathers to win custody of their children, rather than just having visitation rights. Partial custody was awarded in some cases and full custody was rarely awarded unless the mother was a substance abuser, physically abusive, in jail or somehow otherwise unfit to be a parent. Now, most attorneys, judges and other divorce professionals agree that children do their best when both of their parents play an active role in their children’s lives. Still, fathers may have a more difficult time gaining a majority of or even partial parenting time with their children. Here are a few tips you can use to help you win at a parenting time hearing:
Build a Strong Relationship with Your Child
When judges allocate parenting time, one of their main concerns is what custody situation would be in the child’s best interest. The judge will be examining the relationship that the child has with you and the child’s other parent, so it is important that you ensure your relationship with your child is strong. Keep in touch with your child, even when they are not in your custody. Check in with your child often and make sure that they know you are there for them whenever they need you.
How to Uncover Hidden Assets in Your Illinois Divorce
There are many reasons why couples get divorced. Infidelity, financial problems, lack of commitment and different priorities are all common reasons why couples choose to get divorced, but they all typically contain one major common theme -- a lack of trust. When you no longer trust the person you are married to, it is difficult to have a successful marriage. During a divorce, it is not uncommon for one or both spouses to have assets that they have attempted to hide from the other. While this may seem like a good way to keep your spouse from getting certain things in a divorce, it is illegal. Full disclosure is required in divorces. If you feel like your spouse may be hiding things from you, here are a few ways you can try to uncover hidden assets in your divorce: Look Over Tax Returns A good place to start looking for hidden assets is on your tax returns. Pull your tax returns from the last five years and examine them carefully. You should be looking for any inconsistencies in the returns, such as inconsistencies in income, itemizations of assets, real estate taxes, mortgage interest. Keep an Eye on Your Bank Accounts Take a look at your joint bank accounts. Are there any canceled checks from your checking account? Are there unusual withdrawals or deposits into your checking or savings accounts? If so, you may be dealing with a spouse who has attempted to hide money from you. Make sure you get copies of all bank account statements to use in court. Utilize Public Records
How to Make Your Blended Family a Success
There was a time in the United State’s history when most families comprised of a mother, a father and their biological children. Now, the “typical” American family has become somewhat of a thing of the past. With more Americans remarrying and same-sex marriage being legalized throughout the country, the “typical” American family is not so predictable anymore. According to the United States Census Bureau, more than half of American families were divorced and remarried or recoupled in 2010. The Bureau also reported that nearly four million children were living in a blended family or stepfamily in 2010.
Blended families face their own unique challenges and can prove to be difficult for some children to adjust to. Here are a few tips you can use to help ensure the success of your blended family:
Plan Your New Family
Insurance Changes to Address in an Illinois Divorce
When you are going through a divorce, there are many changes that you will notice. These can range from obvious ones -- such as your living arrangements or income -- to ones you may not necessarily think about all of the time -- like insurance. Insurance is something that you will almost always need, but it is also something people do not necessarily think about. Many people forget about insurance changes when they are going through a divorce because compared to other things you might be dealing with, it may not seem very important -- but it is. Taking care of these crucial changes to your insurance policies can save you grief and money in the long run.
Life Insurance
If you have a current life insurance policy, you may need to reevaluate the terms of the policy before you finalize the divorce. As long as there are no ongoing obligations, such as child support or spousal maintenance, you may want to think about removing your ex-spouse as a beneficiary on your insurance policy.
What Is the Cost of an Illinois Divorce?
Most people have a long list of questions when they make the decision to get a divorce. By far, one of the most common questions people have before they begin the divorce process is, “How much will my divorce cost?” The answer to that question is not a simple one -- there are so many factors that can affect the price tag on your divorce. Some sources report that the cost of divorce can be as low as a couple of hundred dollars, while other sources state a divorce will cost more along the lines of tens of thousands of dollars. Here are a couple of different factors that can affect the cost of your divorce: The Type of Divorce You Choose Not surprisingly, the type of divorce you choose can determine how much you ultimately end up paying for your divorce. A do-it-yourself divorce can range from $600 to $1,800, depending on the type of service you use and where you live. Typically, the only costs associated with a DIY divorce are those that come from the service you use and the filing fees. A litigated divorce can range in cost from $15,000 for a straightforward divorce to $200,000 for a divorce that ends up going to trial. Your Divorce Attorney’s Hourly Rate and Retainer Fee If you choose to have an attorney help you with your divorce, costs between lawyers may differ. The average attorney’s fees can range from $200 to $500 per hour and most attorneys also require you to pay for a retainer before you begin. The average retainer fee ranges from $3,500 to $10,000, depending on the complexity of your case. Court Costs and Filing Fees For the most part, in Illinois, filing fees tend not to differ very much between counties. To file for a dissolution of marriage in DuPage County, it costs $290, though that is not the only filing fee or cost you will have to deal with. Whether or Not You and Your Spouse are Willing to Work Together Couples who are more argumentative tend to pay more for their divorces. This is rather obvious because you will be paying more money if you are spending more time coming to an agreement on issues. For example, a couple who has to have five to six negotiation sessions will be paying their lawyer more than a couple who settles the same issue in only two sessions.