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Kane County divorce attorney property division

Illinois requires an equitable distribution of property during the divorce process, but this does not necessarily mean that every last asset owned by either spouse must be divided. Rather, properties that are considered non-marital are excluded from the process of property division, and one of the best ways to protect your assets and financial interests in your divorce is to ensure that you have a strong understanding as to which of your personal assets are considered non-marital. However, this is often complicated, and it is important to work with an experienced attorney who can provide qualified advice and assistance.

How to Identify Non-Marital Property in Illinois

As you prepare your financial records for your divorce conference or trial, you should pay special attention to the following forms of non-marital property as defined by Illinois law:

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Kane County divorce attorney parenting plan

Divorce can be especially difficult for children. It can be hard for them to understand the reason why their parents’ marriage is ending, and they are certainly not the ones responsible for the final decision, but their lives will nevertheless be turned upside down as a result of the separation. As a parent, it is important for you to understand how a divorce can affect your children so that you can provide the best possible support for them now and in the future.

Common Effects of Divorce on Children

On a surface level, the most notable effect of a divorce on children is the major change to their routine, as they will likely be dividing their time between both parents’ homes. Working with your spouse to develop a thoughtful parenting plan that addresses parenting time and decision-making responsibilities can go a long way toward helping your children adjust to this transition and ensuring that their best interests are protected.

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Kane County divorce attorney asset division

Getting a divorce can have significant financial implications not only for your immediate future but also in the long term. In particular, it may have an impact on your retirement plans, especially if you are divorcing later in life. Statistics show that more and more older couples are getting divorced these days, referred to as “gray divorces.” It is important to be aware of the potential effects of ending your marriage at this stage and to consider options that allow you to keep your retirement goals within reach as much as possible.

Divorce and Your Golden Years

Often called the “Golden Years,” retirement can be an enjoyable time for active adults who are done working. However, divorce brings a number of changes that can affect your retirement plans, including:

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Algonquin family law attorney legal separation

If you are confident that staying married is no longer in your best interest, the finality of a divorce may be what you need to move forward with your life. On the other hand, if you have doubts or reservations, divorce may feel like too permanent of a decision for your current situation. In this case, a legal separation may be a good option, but you should be aware of the potential benefits and drawbacks before you begin the process.

Advantages of a Legally Separating

During a legal separation, you and your spouse will live separately while remaining legally married. One spouse’s move to a new residence does not automatically initiate a legal separation, however. Rather, you will need to bring the action before your county court.

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Kane County divorce attorney property division

A couple may choose to get a divorce for a wide variety of reasons, and chances are, there is more than one contributing factor in any divorce situation. A recent study in the Couple and Family Psychology journal sought to identify some of the common causes by interviewing divorced people about their reasons, and you may find your own situation reflected in the results. It is important to note that depending on the reasons for your divorce, you may be in for a very different divorce process.

Why Do Couples Get Divorced?

Some of the most common reasons for divorce reported in the study include:

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Algonquin divorce attorney

The decision to get a divorce often comes with concerns over financial security, especially if you are a stay-at-home parent or homemaker who relied on your spouse’s employment for financial support. It may be intimidating to think about starting over on your own with little education or work experience, but a divorce can also be an opportunity for you to return to school and get an education that can help you support yourself while following your passions.

Tips for Pursuing Higher Education After Divorce

It is never too late to make a decision that can set you up for a better future. If you are interested in earning a higher education degree after your divorce, here are some suggestions to make the most of it:

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St. Charles divorce lawyer parenting plan

When you and your spouse have children together, one of the most important parts of your divorce agreement is a parenting plan that addresses how you will continue working together to raise and provide for your children after the divorce. A thoughtful parenting plan can help your children cope with the changes your divorce brings, and can also help prevent difficult arguments between you and your spouse for many years after the divorce. As you begin to formulate your parenting plan, you should be sure to consider all of the elements that you and your spouse will need to address.

Items to Address in Your Parenting Plan

A complete parenting plan addresses all important elements of your children’s lives with the goal of protecting their interests, needs, and family relationships. Some of the most important pieces of your parenting plan include:

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Kane County divorce attorney division of marital debt

There is no doubt that student loan debt is on the rise in the United States, and something that is burdening the nation. According to America’s Debt Help Organization, the total of U.S. student debt loans is up to a shocking $1.4 trillion. The investment in college is a big decision, and this high price tag often comes with great rewards. Obtaining higher education is important to many, and can offer new career opportunities that can propel the future of families in a positive direction. However, this debt is increasingly becoming an issue of concern for couples who are considering getting a divorce. It is important to consider how the division of assets and debt during your Illinois divorce proceedings can impact you. 

Who Is Responsible for Student Loan Debt in a Divorce?

Typically, the debt that was acquired from student loans before the marriage is of the responsibility of the spouse who attended higher-ed schooling. However, if the student loan debt was obtained during the marriage, then it is likely that will be considered marital debt. Many factors are still taken into consideration, such as when the debt occurred in the marriage, who was the main benefactor, and the earning power of each partner. For example, if a partner acquired a medical degree to bring in a higher income for the family, it may be deemed marital debt since the increased income benefited the marriage as a whole entity. 

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Algonquin divorce attorney

Deciding to get a divorce is often a tedious process. Although most couples enter into marriage believing that they have found their forever partner, it is not always the case. This is a lot more common than you might think. It is estimated that 40–50 percent of all marriages in the United States end in divorce. The end of a marriage and a once-thriving partnership can cause a lot of physical and emotional stress on the body. It is important to hire an experienced divorce attorney who can help you with the legal aspects of ending your marriage, but it is also essential to learn how to cope emotionally. Below are a few ways to alleviate those anxious feelings as you navigate the divorce process.

Working Through Change and Learning to Adapt

This massive change in your life can bring about uncomfortable feelings, such as rejection, insecurity, and instability as if your world has flipped upside down. It is important now more than ever to make sure that you are taking care of yourself adequately. To ensure that you are keeping your physical, mental, spiritual, and emotional self in check, here are some helpful tips:

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Kane County divorce attorney asset division

In this digital age, do-it-yourself (DIY) projects have skyrocketed. With the help of creative websites and television shows that teach viewers how to do their own projects, rather than hiring someone else, DIY has become a valid alternative in a number of areas. Since the start of the COVID-19 pandemic, our society and the way we do things has completely changed. The high number of cases and demands for social distancing have made many people wary of going out in public, even for things as important as legal advice. Those considering divorce during these unprecedented times may be researching ways to complete the process without the involvement of a legal professional. While do-it-yourself projects may be a good idea for some home improvement, it is not a smart option for legal proceedings.

How Does a DIY Divorce Work?

Every state has its own stipulations that go along with divorce, as is the case with all legal proceedings. However, if you simply type “divorce papers” into your favorite search engine, hundreds of options for DIY divorce papers will appear from which you can choose. They likely range in price, all of which promise lower rates than an attorney, yet the generic nature of these documents can lead you into dangerous territory. Simply requiring a signature and a few additional details, these documents may seem like a valid option to save you time and money, but armed with the following information, you should think twice about taking on this DIY project.

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Barrington divorce attorney

Mental illness can manifest itself in many different forms, including depression, anxiety, or schizophrenia. Some of these conditions are recognizable while others are harder to detect. Studies show that nearly half of American adults will experience a mental illness during their lifetime. In many cases, these conditions can cause the breakdown of a marriage. The emotional upheaval that a divorce causes can be challenging for anyone to go through, but when one spouse has mental health issues, legally ending a marriage can be even more intimidating. Although Illinois courts do not consider fault in a divorce, it will weigh several factors when determining certain marital issues such as child custody or dividing assets and property. The mental well-being of one spouse may impact the outcomes since a judge will consider what is in the best interest of the children.   

Practical Steps to Protect Yourself

The stress of a divorce can escalate the symptoms of mental illness. For example, a person who suffers from depression may become suicidal at the news that his or her spouse has filed for divorce. In other situations, a mentally ill person can become violent toward his or her spouse or children in response to the marriage dissolving. In certain cases, Illinois courts may terminate parental rights when a parent is mentally ill is unable to perform basic parental duties. 

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