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St. Charles complex divorce lawyerEven under the best circumstances, divorce can be a challenging process. Many marital issues are sensitive in nature and difficult to resolve. These matters may include allocation of parental responsibilities, child support, parenting time (visitation), as well as spousal support or maintenance (alimony). They can also involve valuables or high net-worth assets that need to be divided. Complex divorce proceedings can seem intimidating at first, but they can be managed with professional legal guidance.    

Child-Related Issues 

Many of the disputes in a complex divorce involve a couple’s children. These arguments can include how much time each parent will spend with the child or how much support will be paid by one of the parents, among other issues. A parenting plan is a legal document that establishes the legal rights and obligations of both parents as relating to their child. This plan outlines a schedule for when each parent will see their child. Creating this timeline can be difficult since most parents do not want to give up time with their kids or relinquish control to the other parent, especially if there are bitter feelings.  

Some of the child-related issues that may need to be addressed in a divorce settlement include:

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Kane County divorce attorneysDepending on the couple and their circumstances, a divorce can take weeks or months to finalize. Once the legal proceedings are complete, a final divorce decree will be issued, which officially documents the terms of the divorce. However, sometimes a significant change in circumstances can warrant a modification of part or all of the original order. When a divorce settlement is no longer relevant for a couple or does not fit the needs of their children, it is possible to alter the terms of it through a post-decree modification. If you or your ex-spouse requests a post-divorce order modification for any reason, it is helpful to know the process and how it affects your rights regarding matters such as child-related issues or spousal maintenance.  

Reasons for Changing a Judgment Order

We all know life can change in an instant, whether it be from a sudden medical event such as a heart attack or stroke to unexpectedly losing a job. For instance, child support payments are calculated based on parent’s income. If the paying parent loses his or her job and cannot afford the payments, he or she may request a modification of the child support order. Some other examples of major life events that would justify a modification can include: 

  • Being laid off or fired from a long-time occupation, which impacts child or spousal support (alimony)
  • Being transferred out of the state or country for work, ultimately affecting the allocation of parental responsibilities and/or parenting time
  • Contracting a serious illness that requires extensive medical care 
  • Suffering a catastrophic injury that results in a disability or lost wages
  • One or both ex-spouses remarrying, which typically requires a reduction in spousal or child support payments

Steps for Amending a Judgment Order

To request a change to an order, one of the former spouses must file a “motion to modify” the divorce judgment. This motion is typically filed with the same court that issued the original divorce decree. The main steps to take when modifying an order are:

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Posted on in Divorce

Kane County divorce attorneys“We are getting a divorce,” are the five words that every child dreads to hear from his or her parents while growing up. When two parents choose to dissolve their marriage, the separation of the family follows, making life difficult for the child. Living arrangements, education, religion, and life at home can all change upon the parents’ split. Allocation of parental responsibilities (previously known as child custody) and parenting plans are established to ultimately secure the best possible scenario for a child after a divorce, although situations can change rather quickly. Adjustments can be difficult for a child, especially the addition of a new adult into the child’s life when one parent decides to get remarried. .

Unintended Consequences of Remarriage

An individual who is trying to move on from a divorce and find happiness with a new partner can sometimes overlook the side effects that his or her romantic pursuit could cause. For a child whois coping with divorced parents and trying to get accustomed to a new way of life, the introduction of a stepmom or stepdad could produce a great deal of confusion:

  • When a new parent is introduced, the divorce may, for the first time, become permanent for the child, as he or she realizes that his or her parents are not getting back together.   
  • After a divorce, tight bonds often form between the child and his or her mother and father. Increased attachments can develop, leading to the child developing jealous feelings and behaviors directed toward a new romantic interest. 
  • A stepparent could also bring along his or her own children, resulting in drastic changes at home. If and when the new couple decides to move in together, living arrangements will once again change, which could lead to a new school and community, or uncomfortable living conditions.
  • Anxiety caused by the thought of hurting a parent's feelings could arise and result in the child remaining distant from the new stepparent. 

When constant changes are occurring in one or both of the parents’ lives, the child involved could be left with the feeling of unimportance. For a younger child especially, stability is crucial in his or her development and ability to form healthy relationships.   

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Posted on in Divorce

Kane County divorce attorneysThere are many reasons for a divorce. In some cases, it is because a couple grows apart and comes to the mutual decision to part ways. An amicable divorce typically means both partners agree on all or most of the marital issues. This makes the divorce process simple, fast, and less expensive than a contested divorce. An uncontested divorce is not always possible, especially if one spouse does not want the divorce in the first place. If a divorce is contested, it could also mean that the spouses do not agree on issues such as child support, spousal support, and the division of property. This animosity can carry over into the divorce proceedings, so if you are contesting any issues in your divorce, it is imperative to have legal counsel to protect your rights. 

Illinois Divorce Laws

In the state of Illinois, the only legal grounds for divorce is irreconcilable differences, which, defined by the law, “have caused the irretrievable breakdown of the marriage.” Also, it must be determined by the court that attempts to reconcile failed or that future attempts at reconciliation would not in the best interests of the family. Any divorce, whether contested or uncontested, begins with one spouse filing a Petition for Dissolution of Marriage and “serving” the other spouse with the papers. 

Reasons for Contesting the Divorce

The spouse who did not file can still try to contest the divorce by stating that there are no irreconcilable differences. However, under Illinois law, if the parties have lived apart in separate residences for at least six months right before one spouse files the petition, there is an “irrebuttable presumption” of irreconcilable differences between the pair. 

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Elgin divorce attorneyIf you are going through a divorce, the first thing on your mind may not be taxes or financial issues; however, it is important to know that a divorce does have tax implications. Your filing status, tax consequences of maintenance payments, property transfers, and more are typically decided by your divorce judgment/order and affected by any new tax law changes.

A division of assets agreement should take into account any tax issues so there are no surprises later. If you are ending your marriage, a knowledgeable divorce attorney can help you prepare for any financial consequences.

Asset Division 

When a couple negotiates how to divide marital assets or property during a divorce, it is imperative to consider the areas that may have potential tax implications. Most marital property does not incur a tax liability if transferred, but you should consider the potential tax consequences of considerations such as:

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