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How Are Assets Divided During an Illinois Divorce?
As much as it is an emotional process, a divorce is also a legal process that is meant to separate you and your spouse from having anything lawfully in common. Like any legal proceeding, this can take time to complete, especially when it comes to the division of your assets. This is typically a point of contention between spouses when getting a divorce. When you are married, you and your spouse may have accumulated a lot of property together, but asset division deals with much more than just physical property. You must also divide things such as retirement funds, bank accounts, life insurance, and even any debts you and your spouse owe. The state of Illinois has a specific process for doing this, and it is important that you understand how your assets will be divided in the event a judge must intervene.
How Is Marital Debt Divided in an Illinois Divorce?
During the asset division phase of your divorce, you and your spouse will decide which marital assets you each get to keep. What you may not realize is that you will also have to figure out who will be responsible for your debts. Any debt that you and your spouse jointly incurred during your marriage is considered marital debt. This means both you and your spouse will be responsible for repaying that debt after you are divorced. When it comes to dividing what you owe, things can become contentious, since debt is one of the few things in your divorce that you will not be fighting to keep.
Try to Be Debt Free Before You File
Creditors do not care what a divorce decree says. All they care about is being reimbursed. Even if your spouse was ordered to pay back a certain debt, if your name is on that account, and your spouse does not pay, you could be held responsible. The easiest way to prevent any issues arising from your debt is by not having any debt when you file for divorce. This is not a possibility for some, though you should still try to wipe out as much marital debt as possible before you file for divorce.
A Simple Guide for Sorting Out Your Finances in an Illinois Divorce
Many people who get a divorce state that finances were the reason or at least played some part in the breakdown of the marriage. For those couples--and many other couples--the stress of money does not stop there. Many divorces are also quite contentious and filled with anxiety over the couple’s financial issues. Most couples have their assets intermingled in some way, and when they get divorced, they have to figure out how to separate them. Below are a few common financial issues that divorcing couples face and how best to deal with them.
Assessing Your Assets
Not all assets were created equally. Before you begin to do anything involving your finances, you need to understand them. Make a list of every asset you have. These can include:
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Cash
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Savings accounts
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Checking accounts
What Are the Benefits of a Collaborative Divorce in Illinois?
Making the decision to get a divorce is never easy. For many people, it takes months or even years to come to the conclusion that a divorce is their best option. Once a couple has accepted the idea of ending their union, they do not want to regress by going through a contentious and drawn-out divorce. For some couples, a collaborative divorce is a solution that works best for them. A collaborative divorce is a dispute resolution process that takes place in conference rooms or lawyers’ offices, rather than in the courtroom. The collaborative divorce process offers many benefits that the traditional divorce process cannot offer, including:
Less Hostility
One of the benefits that a collaborative divorce offers is the possibility of a more civil, less hostile divorce process. In a litigated divorce, you and your spouse are likely to have much more contention and may not be able to come to an agreement on issues. This does not mean that you and your spouse will not disagree with one another or that the negotiations will be simple in the collaborative process. However, you and your spouse are working together to create solutions that will benefit everyone in a collaborative divorce.
Helping Your Children Cope With Your Illinois Divorce
If you think your divorce is stressful for you, it can be even more taxing on your children. For kids, their parents' divorce is a very confusing and tumultuous time. While it is completely normal for children to be sad, uncertain, or even angry when their parents are going through a divorce, it is important for you to understand that there are things you can do to make the change somewhat easier. Divorce is a process, not only for you but also for your children. Your job as a parent is to help your children through this process so they are able to come out on the other side stronger and more well-rounded individuals.
Breaking the News
Many parents do not know how to talk to their children about divorce, much less how to break the news to them. The way you first tell your kids about your divorce can set the tone for the entire healing process. You should tailor your conversation to your children; if they are younger, it is best to keep the message simple and sweet. If you have older children, you can provide a little more detail, but it is still important to only share the information they need to know.
What Should Be Included in My Illinois Parenting Plan?
Change can be hard for anyone, but it can be especially difficult for children. When it comes to divorce, children will typically experience a lot of change in a short period of time. Their living arrangements will change dramatically, they will not be spending as much time with either parent anymore, and in some situations, they may even have to adapt to new routines. All of this change can be hard on children, because they depend on stability and routine so much. This is a known fact, which is why the state of Illinois requires every divorcing couple who has children to create a parenting plan before they can finalize their divorce.
What Is a Parenting Plan?
A parenting plan is a legal agreement that contains information about how two parents will take care of their children once they are separated. In Illinois, a parenting plan will contain information about how parenting time is divided, along with how parental responsibilities are allocated. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains the basic elements that all parenting plans must include in order to be approved.
Acknowledging Your Adult Children’s Feelings About Your Divorce
For many couples going through a divorce, their biggest worry is how it will affect their children. Most people think that the only children who will be affected by divorce are those who are still young and living with their parents. In reality, children of all ages can still feel the effects of their parents’ divorce, even when they are adults. When parents who have adult children get a divorce, it can be particularly difficult for the whole family, because these marriages have typically lasted for years, if not decades. If you have older children, and you are going through a divorce, it is important to be sensitive to their feelings and needs. Here are a few tips to follow to help your adult children during this family transition:
Tell All Your Children at the Same Time
Once you and your spouse have made the decision to end your marriage, it is usually best to tell all of your kids at the same time. You should schedule a specific time and place to inform your children together in a family meeting. It is never a good idea to confide in only one child first because it would be unfair to expect him or her to keep that secret until you are ready to tell everyone.
Tips for Handling Finances During a Legal Separation in Illinois
Making the decision to get a divorce is often one of the most stressful periods in a person’s life. For many people, it can take months or even years to come to the conclusion that a divorce is the best option. During this time, many couples turn to legal separation to begin the process of ending their marriage before they become legally divorced. During the separation, financial issues can be confusing and daunting to manage. Planning ahead regarding your finances is essential to ensuring a smooth divorce process. If you are contemplating divorce and think a legal separation is the best first step, here are a few tips to help you manage your finances during this period of transition:
Create a New Budget For Yourself
One of the first things you should do when you become separated from your spouse is to figure out a new budget. Once you are divorced from your spouse, you will likely only be living off of one, rather than two, incomes. You should reconfigure a budget that allows you to live comfortably based on your new expenses and your own income.
What Is Included in an Illinois Divorce Decree?
Most people have heard of a divorce decree, but they may not know what it actually is. If you are going through a divorce, you probably know that getting your divorce decree is the last step in finalizing the process. There can be a lot of paperwork and forms involved in a divorce, but the divorce decree is perhaps the most important legal document of all. It is, therefore, best to have a skilled Illinois divorce lawyer guide you through the process to avoid any mistakes that could impact your future.
What Is a Divorce Decree?
A divorce decree is a legal document that formally declares and finalizes a divorce. The divorce decree contains information pertaining to the marital issues that have been decided on in the divorce. The contents of the divorce decree will vary depending on the couple, but most divorce decrees typically address the following topics:
Three Signs You May Need Litigation for Your Illinois Divorce
Contrary to what many people think, there is more than one way to get a divorce. Traditionally, divorces have been negotiated and issues decided between the two spouses and their attorneys. Occasionally, the court system would be involved if the spouses could not come to an agreement on certain issues. In recent years, alternative forms of dispute resolution, such as mediation or collaborative law, have become popular ways of completing a divorce. While it is true that divorces are often less stressful and much less expensive if you choose one of those alternative forms of divorce, they are not for everyone. Mediation and collaboration may be preferable, but when is it necessary to skip over the niceties and head straight for litigation? Here are a few signs that indicate a litigated divorce could be your best option: