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Algonquin divorce lawyersMost couples begin their married life together with good intentions that it will last forever. Many partners scoff at the idea that something or someone could come between them. That is, until they find themselves in a loveless marriage or confronted with the fact that their spouse cheated. Statistics show that between 40-50 percent of all U.S. marriages end in divorce

In some cases, the divorce may not be mutual, and one spouse can be blindsided by the news. The thought of being single after several years or even decades of being married is often overwhelming. That is why it is important to seek professional legal counsel to represent your best interests if you suddenly find yourself at a crossroads. In addition, below are a few practical ways to help you move on and find happiness again.  

Reinventing Yourself

Going through a divorce at any age can be daunting, filled with the fear of the unknown. Besides completing all of the legal aspects that go into finalizing your divorce, recognizing the emotional toll it can take on you and your children is also an essential part of the process. Once you realize and accept that your marriage is irretrievably broken, it is time to start thinking about what lies ahead. 

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Kane County divorce lawyersA divorce can impact all areas of a person’s life, from physically separating to breaking apart emotionally and financially. Once the decision to divorce has been made, a couple may think the hard part is over. However, the legal process of ending a marriage raises many new queries that need to be resolved. For example, how will property and assets be divided? If children are involved, who will be awarded the allocation of parental responsibilities and who will pay child support? What are the tax implications, especially when it comes time to file your taxes? With tax season upon us, it is important to be prepared by considering the tax consequences when you get divorced in order to protect your financial future.   

Tax Implications of Divorce

Even if you or your spouse has filed the divorce petition, if you are still married as of December 31 of that given year, you have the option to file jointly for that year’s tax return. Until a divorce decree has officially been issued, you are married in the eyes of the law. However, once your divorce is final, each party has the option to claim as Single or Head of Household. The right choice for your situation will depend on your specific circumstances, and it is advisable that you speak with a tax professional.

If you have children together, the parent with the majority of the parental responsibility typically files as head of household, and the tax exemption or credit for the children usually goes to this parent. In some scenarios, parents can split tax exemptions using IRS form 8332, which means the custodial parent allows the other parent to claim a child on his or her taxes. Parents can also claim a tax credit for each dependent who is under the age of 17. There are also other credits for contributions to education and childcare.

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Kane County divorce attorneysPeople often say that a marriage is hard work. Once the “honeymoon” phase is over, being married can be challenging for various reasons. Even if two spouses love each other, life circumstances can get in the way of living happily ever after. For example, a job loss or the death of a loved one can cause one partner to turn to alcohol or drugs as a remedy. In other cases, someone may become addicted to shopping, gambling, or pornography as a way of coping with stress. Regardless of the root cause of an addiction, this type of behavior can destroy a marriage and ultimately lead to divorce. If you are thinking about divorcing your spouse who has an addiction problem, it is important to know how to protect yourself emotionally and financially.  

Irreconcilable Differences

In Illinois, the only recognized “grounds” or reason for divorce is “irreconcilable differences.” This means the marriage has deteriorated without hope for reconciliation. Therefore, abusing drugs or alcohol cannot be the official reason to file for divorce, but it can definitely contribute to the breakdown of a relationship. When a couple has children together, addiction can put a significant strain on the family. In some cases, alcoholism can lead to physical or verbal abuse. Attempts at rehab or therapy may have failed to resolve the problem. A parent may feel he or she has no choice but to leave the marriage in order to protect him or herself as well as his or her child’s best interests. Even though it is not a legal prerequisite, if a couple has been separated for at least six months, that typically proves they have irreconcilable differences.

Protecting Yourself

Once you have decided to leave your addicted partner, there are a few things you can do to help prepare for the divorce process. In many divorce cases involving an addict, the two spouses do not agree on how to divide marital property or assets. For these situations, the court will consider many factors to determine the allocation of parental responsibilities or parenting time. Overnight stays may not be granted, or a judge can order supervised visitation for the parent who has a substance abuse problem.

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Kane County divorce attorneysThere are many reasons why a marriage may end in divorce. These can range from infidelity to financial problems to lack of communication to domestic abuse, the list goes on. Many couples who have children stay together even though they are unhappy for their “kids’ sake.” However, staying in a toxic relationship can be detrimental to your well-being, which in turn affects your children. There comes a point where it may be in your best interest to file for divorce. If you and your spouse have tried marriage counseling and put forth a concerted effort to salvage your union but problems remain, it may be necessary to make a decision about how you want to spend the rest of your life. 

Problems Can Negatively Impact Your Relationship

Regardless if a couple has been married for a few years or several decades, marriage is hard work. Life circumstances such as a job loss, a child with special needs, or a family member’s death can strain even the best of relationships. If issues are not addressed, they can simmer over time and cause feelings of resentment, anger, or loneliness, ultimately leading to the breakdown of a marriage. One of the most important aspects to a successful marriage is communication. In order to solve problems, a couple needs to talk about them and try to find ways to conquer them. 

Some of the typical behaviors that often lead to one spouse considering filing for divorce include:  

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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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