IL divorce lawyerDivorces in which children are involved require legal assistance in a different sense than other divorce cases. Most parents do not come to a custody decision without some disagreements. It is uncommon for both parents to share equal custody of their children. One parent is named the “custodial parent” since the child lives primarily under their roof. The other parent is known as the “non-custodial parent”. The non-custodial parent does not pay for things such as groceries, clothes, or the gas needed to drive the child around every day, they are often required to provide the custodial parent with a set amount of money on a monthly basis in order to compensate for these expenses. These payment amounts are determined by a variety of factors. These include income, bonuses, properties owned, and other forms of financial value owned by both parents. Continue reading to learn how child support payments are regulated based on each individual’s situation.

Unique Solutions to Difficult Situations

Most parents do not have the “American dream job” that pays six figures and has them working 9 am to 5 pm Monday through Friday. In reality, Americans work a variety of different jobs resulting in numerous “gray areas” for child support payments. Some individuals have the child support payments deducted from their paycheck by their employer to avoid missed payments while others place the responsibility on their own shoulders on a month to month basis. Regardless of the method used, these payments are due monthly and legal action can be taken against anyone who withholds these funds. For those purposely withholding child support payments, their wages can be garnished. This means that the amount will be forcibly removed from their paycheck before the parent receives it, taking away their ability to miss or avoid payments.

Some employers have refused to withhold the child support amount from paychecks despite being ordered to by a court or requested by an employee. While this is not always the case, it is not uncommon. Under every state’s law, an employer must withhold the amount if ordered or requested to do so. If this is the case, the employer will receive a withholding notice notifying them of their obligation. If the employer still refuses to do so, they will be charged the amount personally.

Child support payments can be increasingly difficult for parents that have recently lost their job. While this situation may not be the fault of the unemployed parent, the finances are still owed each month. The best solution in cases like these is a request for a payment adjustment. Because child support payments are determined based on a parent’s income and financial state, it can be adjusted if the parent cannot afford to pay the original allotted amount. If this request is made, a court may require the individual to seek out an employment program to help truncate the amount of time spent paying a lower amount.

For those that are self-employed, regulating income is still possible. This will be done through the Internal Revenue Service. While it may not be possible to withhold income through their employer, there are other forms of withholding that exist. Liens are holds on property until the amount owed is paid. This can include revoking required licenses, securing liens on client payments or garnishing the parent’s bank account.

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IL divorce lawyerThe way one looks and acts is crucial throughout the entire divorce process. Not all divorces go so far as a court appearance. Amicable divorces are typically done behind closed doors, with the assistance of attorneys. This is common for those who mutually decide that divorce is right for them and are able to settle the different facets of divorce without a judge’s third-party assistance. Conduct is especially important in cases involving children. If a judge notices that one parent is acting in a way that is unfit for a parent, custody decisions will be affected. Whether or not you are in front of a court or in a private space, your conduct is crucial for getting a “fair trial”.

How Should I Behave During the Divorce Process?

  1. Timeliness is everything: Arriving on time to every legal appointment is key. This is the only concrete evidence that a judge can see that shows reliability and responsibility. This also tells the court that you see this as a priority. Each spouse is compared throughout the legal process so it is important to be on time.

  2. Dress professionally: Spouses should dress in business attire. Not only will you be at the same dress level as your legal team, but this also shows your professional side. It does not matter whether or not you work in a “business attire” setting, but showing that you can dress up when necessary is a clear sign of recognizing priorities.

  3. Keep your emotions in check: Getting divorced is emotionally taxing on both spouses as well as their family and friends. Often times those emotions can come flooding out in the courtroom as your relationship is opened up for others to see. That being said, keeping your emotions under control is very important. Some people will display anger or sadness in the midst of an ending relationship, but both can come off as unprofessional and hysterical, especially in the court.

  4. Be organized and prepared: Legal assistance is necessary for every divorce regardless of the level of friendliness that exists between you both. Sometimes the amiability that exists can be a tactic used to catch your spouse unprepared thus keeping them from receiving proper amounts of alimony or child support. Having a lawyer who is experienced in divorce cases is the best way to protect you from receiving less than you should.

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Posted on in Divorce

IL divorce lawyerMarriage is known to be one of the few opportunities to reduce your tax payments. Once married, spouses can file a joint tax return. This obviously changes once the divorce papers are signed and complete. Because your incomes are no longer considered tied, they cannot be filed together whether or not you have children together. For some couples, this makes little difference to them. While for others, the money from a tax return can help keep them afloat. Some couples go so far as staying separated to keep this financial benefit. This is typically not an idea that is suggested by an attorney since tax returns can be unpredictable. Couples that are in the divorce process but have not finalized it yet can still file their taxes together until the year that they are officially divorced. Most people do not consider the effect that divorce will have on their taxes until they have to file for their taxes for the first time post-divorce. Continue reading to learn about the different areas of your tax return that will need to be adjusted after your divorce papers get signed.

Areas of Adjustment

  1. Dependents: This is the area that is most familiar to those that do not work in the financial field. Any child is considered a dependent and must be claimed on tax returns. For those who are divorced, the custodial parent is the only one allowed to claim their child as their dependent. In other words, the parent that spends the most time caring for the child can legally claim the child on their taxes.

  2. Medical Expenses: This is similar to claiming a dependent. If you have a child that has extensive medical expenses, you can legally claim that on your taxes. This is only allowed for the parent who paid for the majority of the expenses, even those that are not considered the custodial parent. Just because you do not house the child does not mean you cannot claim some of their expenses.

  3. Alimony Payments: This is another term for spousal maintenance. If the law is requiring you to pay a significant amount of money to your ex-spouse to help support them, you can legally claim that in your taxes. In a way, this is the most similar alternative to filing jointly.

  4. Asset Shifts: Divorce settlements often result in properties being divided between the two former spouses. This means that these payments also transfer from one hand to the other. On the bright side, the recipient will not be required to pay taxes on the property’s transfer. However, if the recipient decides to sell the property, he/she will have to gains tax on all the appreciation before and after the transaction.

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Posted on in Divorce

IL divorce lawyerMost couples have some form of debt that they have incurred over the years, especially if they have been together for a long period of time. You buy expensive things, put it on the credit card, and worry about it when the bill comes in. This usually only becomes an issue if the couple cannot find the means to pay off the debt when it is due or if the couple decides they are filing for divorce. Continue reading to learn what to do if you are filing for divorce and have incurred a significant amount of debt throughout your marriage.

Dividing Debt when Going Through Divorce

Most married couples sign credit cards and make large purchases together. While this is convenient throughout the marriage, it also makes it much easier to incur debt jointly. “Joint debt” does not necessarily mean that all of the purchases were made together, it just means that they were made on a joint account. This is important to note if you are considering getting a divorce. In the eyes of the bank and court, all purchases made on joint accounts are liable by both parties. Banks do not change their policies based on a couple’s marital status, thus they can and will come after you if your spouse is not paying off the debt and vice versa.

There are ways to avoid being on the hook for purchases made by your spouse that were not under your approval. Noting which purchases are yours and which are not is a good start to officiating which debt is yours. Providing your attorney and/or financial planner with this information is one of the first steps in trying to unravel the debt that you and your spouse are tangled in. The best way to avoid financial issues after your divorce is finalized is to pay off your debts before your divorce is official. Whether you and your spouse divide it personally or need legal assistance to do so, paying off this debt is the best way to avoid any problems throughout the divorce process.

There is a loophole that many couples do not realize exists. If the card is under the name of one spouse and the other spouse is just listed as an additional cardholder rather than a co-signer, the debt will be solely on the one spouse. The best way to ensure that your debt is your own is to cancel all joint cards and sign them solely under your own name. This is the only way to be sure that your spouse will not run up your debt and card throughout and after your divorce.

Contact a Kane County Debt Allocation Attorney for Help

Proving that debt on joint cards is not your own is almost impossible without experienced legal help on your side. Attorneys can offer you a variety of different solutions to avoid being on the hook for your ex’s debt. If you are considering filing for divorce and have incurred debt throughout your marriage, contact our St. Charles, IL divorce attorneys at 630-584-5550 for a free consultation.

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IL divorce lawyerFor married couples, "proving paternity" is not much of a process and more of an assumption. For those who are not married, proving paternity can be a difficult legal situation. Some fathers do not want to be tied to their child to avoid parental and financial responsibilities. On the other hand, some mothers do not want their child’s father in their life and will avoid telling the biological father that the child is theirs. Regardless of the situation, proving paternity is important for multiple reasons. Not only should the child know for their own peace of mind, but there are also legal and health benefits. Legally, a child will receive financial support payments as well as social security or veterans’ benefits. A child should also know their father in order to know his medical history. Without this knowledge, it can be easy for a child to contract illnesses that could easily be avoided if they had both parents’ medical history.

How to Prove Paternity Voluntarily

Voluntarily proving paternity is best for both parents. You avoid keeping secrets and/or potential confrontation. The easiest way to do so is for the father to be present at the time of birth. This does require the signing of a declaration of paternity but it does not require any form of DNA testing. If the father is not present at the time of birth, an affidavit is required. This will need to be done before the birth certificate is issued in order for the father’s name to be present on the birth certificate. If his name on the birth certificate is not a concern of both parents, the affidavit deadline extends to anytime before the child’s eighteenth birthday.

How to Prove Paternity Involuntarily

If the father will not voluntarily sign the legal paperwork and you would like your child’s father to be legally recognized, it is crucial to have an experienced attorney who can help. The mother will first sign the affidavit naming the child’s alleged father then try and get in contact with the man. This can be done through investigation if necessary. It is worthwhile to first allow the father to voluntarily establish paternity in the case that he was uninformed about the situation initially. If he still refuses to voluntarily claim paternity, genetic testing is the next step. Both parents and the child will submit to genetic testing to ensure that all parties are linked. Once the results reveal who the father is, the father will be notified within 60 days of testing.

Contact a Kane County Parentage Lawyer for Help

Proving parentage is a stressful time for both parents, especially for cases that are involuntary. The legal process can be tedious and frustrating if you do not have experience in that area. It is important to have a hardworking attorney on your side to ensure that your child’s true parents are known. If you are trying to prove paternity or prove against an accusation that has been made, contact our experienced St. Charles, IL paternity attorneys for a free consultation at 630-584-5550.

 

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IL divorce lawyerFamily vacations are a common occurrence in the summertime. Your children have time away from their academics and the beautiful weather typically motivates families to spend time away from their home state. Whether or not you and your family regularly took vacations, your summer will probably look different post-divorce. It is important to reflect on summer plans in light of your divorce with summer vacation beginning in a few weeks. Continue reading to help plan your summer and spend quality time with your children.

What You Need to Consider

  1. Financial Planning: For most families, money is set aside to pay for family vacations. The planning is done well in advance to avoid budget issues and travel restrictions. Family vacations after divorce will problem happen less frequently due to the supply of funding coming from a single income rather than two. If you would like to take a vacation, it would be advantageous to plan it out well in advance.

  2. Look at your Parenting Plan: You will now have to verify your plans with your former spouse if you share custody. Most parenting plans will have specified rules about which holidays are spent with which parent. The plans also have legal requirements on how much time must be spent with each parent. If you plan on taking your child for more than your usual time allotted, you will have to run this by your former spouse. This can typically be done without the intervention of an attorney depending on your relationship.

  3. Traditions May Be in the Past: Many families have the family tradition to go on one vacation every summer. This can be difficult to let go of but is not always feasible for divorcees. A good outlook on things is to end old traditions and start new ones. You may have to trade in your tradition vacation spot for a newer, more economical option. Not only will this be helpful for your wallet, but it can also feel like a fresh start for many parents.

Contact a Kane County Divorce Attorney for Help

Family vacations may not be on your mind while you are involved in the divorce proceedings; however, this can be very important for some families. Discussing this with your spouse during the divorce process can help alleviate the stress once the paperwork is finalized. It can be helpful to divide holidays and vacations in the contract to avoid discussing this afterwards. If you are considering divorce and need assistance, contact our experienced St. Charles, IL divorce attorneys at 630-584-5550 for a free consultation.

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IL divorce lawyerStay at home parents are not as common today as they once were. This can be attributed to a higher standard of living with a minimal increase in pay as well as the feminist movement and workplace equality. According to the U.S. Census Bureau, 18 percent of parents in 2016 spent their time at home instead of being employed. This number has not changed significantly for women; however, stay at home dads have become more common. The percentage of men who are considered “stay at home dads” rose from four to seven percent in a 25-year time period. Having one unemployed parent can be manageable while married, but can become increasingly difficult after divorce. Continue reading to learn about the different options stay at home parents have to stay afloat.

Hire an Experienced Attorney

A good divorce attorney is crucial for parents who rely on their former spouse financially. With their assistance, a parent could potentially remain financially stable living off of the divorce settlement. This includes alimony and child support payments. Alimony is another term for spousal maintenance or more specifically, money being given to the lower-earning spouse. This can be used for those who earn less money in their occupation or those who do not have a job. Alimony is determined from a variety of financial factors but can be greatly increased with an experienced attorney’s help. The amount given in child support payments can also be changed with a lawyer’s help. These payments are meant to help the parent with primary custody to ensure an equal amount of “effort” is provided by both parents.

Go Back to School

Some stay at home parents choose this life path because they never sought out higher education or the proper training they needed for their dream job. Going back to school can be stressful and overwhelming, especially for parents who have been out of school for a long period of time. Not only will getting the necessary education for your occupation make you more marketable for companies, but it can also make people feel more independent, truly giving them that post-divorce “fresh start”.

Search the Job Market

Although many stay at home parents try to avoid going back to work, it can be impossible in some cases. Spousal maintenance and child support do not always add up to a fully functioning lifestyle. Going back to work can seem stressful; however, it is usually not as difficult as one thinks it will be. Digital job boards and quick internet searches have made job searches much faster and simpler.

Contact a St. Charles, IL Family Attorney for Assistance

Divorce is a major lifestyle change no matter the familial circumstances though stay at home parents may have to make the most adjustments. Working with an experienced stay at home divorce attorney can often help improve your financial compensation post-divorce. If you are a stay at home parent considering divorce, contact our Kane County divorce attorneys at 630-584-5550 for a free consultation.

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IL family lawyerUnhealthy and abusive relationships can be easy to spot from the outside but can become difficult to recognize when you find yourself in that situation. They say that love is blinding and this is often the case in relationships like these. A man or woman in a relationship gets used to their partner’s behavior and often gives them excuses in regards to their abusive tendencies. Statistically speaking, one in four women (24.3%) and 1 in 7 men (13.8%) aged 18 and older in the United States have been the victim of severe physical violence by an intimate partner in their lifetime. Physical abuse is not the only form of abuse that takes place in relationships. Emotional and sexual abuse are often more common. Continue reading to learn about what is considered abuse and why victims of abuse stay in unhealthy relationships.

What Is Abuse?

Abuse can come in many forms and does not always have to be an act of violence. Consistently putting down your partner or making them feel less about themselves is a common form of emotional abuse that often gets brushed off. Many incorrectly believe that violence or assault is the only true form of abuse because there is physical evidence to look at. Manipulation is another common abuse tactic. This can be explained as your partner wanting to spend time with you; however, an unhealthy amount of time spent with your significant other is never a good idea for either person. This manipulation can be as simple as dictating who their partner’s friends can be or as complicated as threating suicide if their partner leaves them. Financial control is also an example. This is more common in marriages since your bank accounts are typically merged; however, it is not impossible in a dating relationship as well. A partner who makes all financial decisions without consulting their spouse can use this to their advantage. Having financial gain over another is an easy control tactic that can be used without the partner even recognizing it.

Common Reasons People Stay in Abusive Relationships

It can be difficult to understand why someone would stay in an abusive relationship when they have never been in one themselves. There are a variety of different reasons why partners stay.

  • Love: This is one of the most simple and common reasons why abusive relationships continue - love. It can be difficult to leave someone you love no matter how much they hurt you. Remembering the “good times” from the past can be strong enough to motivate individuals to keep trying to get them back.
  • Lack of Finances: Financial abuse is so successful because not having the money to be independent can force people to remain in their current situation. Many people do not see another option since they do not have the means to do so.
  • Normalizing Abuse: This is similar to the lack of recognition of abuse. Many partners do not realize how serious the abuse has become. They think abuse simply comes with all relationships.
  • Low Self-Esteem: The way a person sees themselves determines many of the decisions they make in life. Emotional abuse typically deteriorates an individual’s self-esteem over time. Their partner will plant the idea that they will never find anyone else causing them to stay out of fear of loneliness and low self-esteem.

Contact a Kane County Domestic Violence Attorney for Help

Finally leaving an abusive relationship often requires more steps than telling your partner “it’s over.” For those who are married, divorce is one of the best ways to ensure that you cut all ties with your former spouse. Orders of protection may also be necessary depending on the dangers of the situation. If you are considering divorce or need help filing for an order of protection, contact our St. Charles, IL domestic violence lawyers for a free consultation at 630-584-5550.

 

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IL divorce lawyerWhen a couple realizes their marriage is coming to an end, many spouses decide to separate for a period of time before filing for divorce. This has become a social norm and many couples do not even think about getting their marriage annulled. Not only does an annulment mark the end of a marriage, but it also states that the legal union never existed. Annulments are most commonly sought out for religious reasons. For instance, the Catholic church views divorce in a negative light thus requiring its members to obtain an annulment before they are allowed to remarry in the “eyes of the church”. Annulments may be most common for spiritual individuals; however, some decide an annulment is best based on the benefits it provides each former spouse. Continue reading to learn about the details and benefits of annulments.

Eligibility for an Annulment

A couple must meet the following requirements to qualify for an annulment:

  • The marriage was forced on one or both of the spouses.
  • One or both of the spouses were unable to make a clear decision because of the consumption of alcohol, drug use, or mental disability.
  • One or both of the spouses were already married at the time of the wedding or the relationship was incestuous.
  • The spouse(s) was underage at the time of the marriage.
  • Either spouse was impotent at the time of the marriage.
  • Information was withheld from either spouse such as children from a previous marriage, an unwillingness to have children, legal/criminal problems.

Benefits of an Annulment

There are various benefits of an annulment that extend past religious acceptance.

  • Avoiding financial support: One of the typical requirements of a divorce is one spouse providing the other with financial support. This is often unavoidable, especially when one spouse works and the other does not. These payments can include child support, alimony, or spousal support. Those who decide to have their marriage annulled will no longer be required to help their former spouse financially since the marriage no longer exists in the eyes of the court.
  • Debt is determined and divided: Most couples will accumulate some form of debt throughout their marriage. In the case of an annulment, this debt is divided equally between both parties. Any debt that was incurred before the marriage is given back to the spouse that accumulated it.
  • Assets assignments: Property assets are typically split in half during divorce proceedings, but annulments are different. The property is given back to the party who originally purchased it.

Contact a Kane County Family Law Attorney for Help

Whether a couple is filing for an annulment for religious reasons or for personal reasons, it is crucial that you seek out an attorney who is experienced in this particular area of family law. Divorce and annulments are two very different legal processes that should be dealt with as such. If you would like to get your marriage annulled, contact our St. Charles, Illinois family law attorneys at 630-584-5550 for assistance.

 

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Posted on in Divorce

IL family lawyerThere are a variety of different reasons why divorce happens, especially since one couple has a different dynamic than the next. The commonly known statistic for divorce is that 50 percent of marriages end in divorce and many believe that this only applies to young couples. However, the baby boomer generation is seeking out divorce more than people realize. This is known as “gray divorce” and the number has doubled over the last 20 years. Regardless of the husband and wife’s ages, there are a few common denominators that often lead to divorce.

Getting married for the wrong reason. Often times those who decide to get divorced realize that they should not have gotten married in the first place. This can be for a variety of reasons such as social pressure to get married, feeling obligated to tie the knot after having a child together, or getting caught up in the romance. The desire to divorce is often mutual by both parties in these sorts of situations.

  • Infidelity. Cheating on a spouse can break even the strongest of relationships. Infidelity breeds distrust and can make people feel inadequate. This is often caused by intimacy issues, which is more important than many people realize. Divorces due to infidelity are highly common even though some couples try to stay together after affairs have occurred.
  • Loss of Identity. It is a well-known fact that when couples have been together for an extended period of time, they become somewhat dependent on each other, They get used to having the other around and it can feel odd if things change. Although relying on another is common, it can also become unhealthy. Those who spend too much time with their partner can feel as if they are no longer an individual. Many will choose divorce as a way to gain back their independence.
  • Constant Conflict. Being unhappy in your relationship is the basis for divorce and arguing is often at the root of this unhappiness. Marriage is a difficult commitment to maintain, especially since you live together and share everything. An excessive amount of conflict can also make it difficult to have the motivation to talk through your differences.
  • Financial Burdens. Monetary stress can make a perfect relationship break into pieces. Financial problems can be difficult to fix because it often takes time to do so. This can become an even larger conflict if one spouse works and the other does not. The working spouse can feel as if the pressure is only on their shoulders and may blame their partner for that stress.

Contact an Illinois Divorce Attorney for Help

Regardless of the reason for wanting a divorce, it is important to seek out an experienced attorney for assistance. At Shaw Family Law, we handle a variety of different situations. If you are considering divorce, contact a Kane County divorce attorney at 630-584-5550 for a free consultation.

 

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IL family lawyerAdopting a child is an exciting time for parents. This excitement can lead to unrest from future parents since the adoption process can be quite lengthy. It is impossible to give an accurate timeline for adoptions since there are a variety of types and availability can change at any moment based on biological parents’ choices. Although the wait time can be unpredictable, there are various things that can and should be done before your child arrives at your home.

Learn About the Different Types of Adoption

While this may have already been completed, it is important to research every option available. This can help ensure that you make the best choice for your family and can sometimes shorten your wait time. Adoptions can be completed privately or with the help of an agency. Private adoptions are often done if the couple personally knows the birth parents. Agencies can be helpful for adoptive parents because they can provide you with a variety of resources to aid you with your adoption. Once you have decided whether the adoption will be completed privately or with professional help, you must determine if an international adoption or domestic adoption is best for you. International adoptions can often be quicker but can be more expensive depending on the situation and country. Researching each individual adoption outlet is important before making final decisions.

Be Prepared for the Home Inspection

Every adoption will be preceded by a home inspection. This is completed to ensure that the child will be safe and happy in your environment. The home inspection will require significant amounts of documentation. These include personal background checks, health statements, financial information, references, and autobiographical statements. These documents will help a social worker determine your own background in addition to your personal environment. When conducting the home inspection, the social worker will look for safety hazards such as accessible firearms, an unfenced pool, unscreened windows, etc. The social worker will provide the potential parents with advice about how to make their home safer for children.

Budget Your Adoption

It’s no secret that children are an expensive investment for parents. Adopted children incur more bills due to the adoption costs, especially if one has to travel to bring their child home. You and your spouse should create an adoption budget to ensure that your costs will be covered as the months go on. The budget should include adoption costs as well as parenting costs. This includes the furniture and materials that need to be purchased for the child in addition to food, clothing, and medical costs.

Contact a St. Charles Adoption Attorney for Assistance

In adoption cases, it is important to hire a professional to complete the legal portion. Adoptions are an exciting time for future parents. At Shaw Family Law, we work to take the legal stress off your shoulders, allowing you to focus on the preparation work. If you are considering adoption, contact our dedicated Kane County adoption attorneys at 630-584-5550 for a free consultation.

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IL family lawyer Getting a divorce affects every aspect of an individual’s life. One has to readjust their living situation, parenting schedule, and finances. Most couples have their finances intertwined, especially in terms of insurance policies. Sometimes this is because only one individual has a job; however, often times couples will use one person’s insurance policy over the other based on the benefits that job provides them with. Although jobs usually provide some sort of insurance policy, this is not always the case. Some couples seek out insurance policies of their own but still remain tied to their spouse. Continue reading to learn how your impending divorce will affect your various insurance plans.

Life Insurance

Filing for divorce can unlink you and your former spouse’s life insurance plan; however, some divorce agreements require ex-spouses to be beneficiaries. This is common if children are involved. By naming your ex-spouse as the beneficiary, you will have a “backup plan” for your children. This is often done by the spouse who is paying alimony. In case of an emergency, the life insurance will become a safety net for your children and continue providing alimony payments if one can no longer pay them.

Health Insurance

Remaining a beneficiary on your ex-spouse’s health insurance plan is not possible after the divorce papers are signed if their health insurance plan is provided by their employer. Most divorcees will utilize their own employer’s health insurance plan if they have not already. For those whose employer does not provide coverage, they will need to seek out health insurance themselves. One can stay with the same health insurance provider as long as they seek out their own plan.

Car Insurance

Many people fail to remember that their car insurance will also be affected by their marriage’s termination. After the cars have been divided between the two of you, each person should contact their insurer to let them know about the divorce. Each party will be removed from the other’s insurance plan. If you decide to find a new insurance provider, looking at various providers is important. Married couples often get breaks in pricing; however, the same is not usually true of divorcees.

Contact a St. Charles Divorce Lawyer for Legal Help

Divorce is a complicated process, especially in terms of finances and insurance plans. Our attorneys understand that insurance policy changes can be difficult to understand, particularly when major life changes are happening. If you are considering divorce, contact our Kane County divorce attorneys at 630-584-5550 to help you through the process.

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IL family lawyerDivorce is difficult for all parties involved, especially children. Because of their lack of life experience, children usually do not understand why their parents are deciding to end their relationship. Some even blame themselves for the divorce. Some parents seek out counseling for their child to help them talk through a difficult time. Special needs children often need more help from their parents to understand what is going on in their life. Continue reading for tips on helping your special needs child through your divorce.

Telling Your Child About the Divorce

For many parents, breaking the news about their divorce to their child can be scarier than the divorce itself. It is important to be completely sure that you and your spouse are permanently separating. Being on and off again can be confusing for your child and give them unrealistic expectations for the future. Plan what you will say with your spouse and talk to your child together. Use concise language and reassure your child that your relationship with them will remain the same after the divorce.

Child Custody Determinations

Many parents do not have a say in the child custody proceedings; however, sometimes their input is taken into consideration for cases regarding special needs children. Custody for special needs children can be more difficult because constantly transitioning from one household to another is not always the best decision. These household transitions can become easier as they become habitual.

Transitioning After the Divorce

One of the best ways to help special needs children transition to living in two households is to have some uniformity between both homes. Many families will have a calendar in both homes to provide visual stability for the child. The calendar includes things like your work schedule, your former spouse’s work schedule, and your child’s extracurriculars. A good practice for parents is to set aside individual time with their child. By putting aside time for you and your child, they will be reassured that your love for them has not changed.

Contact a St. Charles, IL Divorce Attorney for Help

The divorce process is stressful no matter the circumstances. At Shaw Family Law, P.C., we work to take the legal stress off your shoulders to allow you to focus on your family and the lifestyle change you are going through. If you are considering divorce, contact our dedicated Kane County divorce attorneys at 630-584-5550 for a free consultation.

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IL divorce lawyerParenting has evolved over time, especially with the integration of technology into most aspects of life. Rather than going outside to play with their friends, many children play video games together. Puzzles and painting are sometimes done digitally instead of at the kitchen table. Games and trends for children may have changed, but parenting styles follow certain patterns regardless of the generation. Each parent leans towards a particular style of parenting regardless of their marital status. This can become difficult to balance for couples going through divorce. Raising children using different styles can be easier while still living under the same roof. Couples usually perform a parent balancing-act while they are married; however, good-cop-bad-cop can be unproductive when you no longer take care of the children at the same time.

Authoritarian Parenting

This is often known as the strictest form of parenting. Authoritarian parents see their children as rule-followers at all times. These parents set rules for their children without their input and expect them to follow the rules without protest. A common phrase from these parents is “I told you so.” Authoritarian parents usually use punishments instead of discipline.

Authoritative Parenting

Authoritative parents also use discipline, but to a smaller extent than authoritarian parents. Authoritative parents have rules and consequence, but they spend more time explaining the reasoning behind their rules. These parents also place greater emphasis on their child’s emotions and feelings. They have firm rules and expect their child to follow them but also care for their feelings about those rules.

Permissive Parenting

Permissive parents put up a facade of rules but rarely enforce them. These are the lenient parents that every child is envious of their friend for having. Permissive parents allow their child to make a mistake and believe that they will learn best primarily by making their own decisions with slight guidance to lead them along the way. They take on a friend-role rather than a parental one.

Uninvolved Parenting

This is the most hands-off parenting style. These parents are even further down the spectrum from permissive parenting. Uninvolved parents are distant with their child and are often more of a stranger than a parent. These parents rarely know where their child is, hardly ever ask for details about their lives, and do not spend ample amounts of time with them. Uninvolved parents allow their children to raise themselves and do not provide much parental guidance at all.

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 IL family lawyerOne of the most difficult decisions when going through a divorce is what your parenting arrangement will look like. This is often known as custody arrangements; however, parenting consists of many more details outside of where your child will be sleeping each night. Continue reading to learn about the different types of parenting plans and what details are included in them.

What Should Be Included in Your Parenting Plan?

When making a parenting plan, the following should be considered:

  • Living arrangements and parenting schedules: In most cases, the child will spend time between each home. One of the main considerations that parents should think about is the distance between each household. Many former spouses will decide to move far from their original home to place a large distance in between them and their former spouse; however, they fail to realize the difficulty that this poses in terms of visitation.
  • Vacations and holidays: It is better to divide vacations and holidays between each parent before the divorce is finalized to avoid future conflicts. This can be one of the more difficult decisions to make as it is much different from the life you previously lived with your child and former spouse.
  • Healthcare details: This portion of the parenting agreement often depends on each parent’s occupation and the coverage that they receive. Parents should come up with plans in regards to doctor visits, adjust medical record access, and decide who will care for the child if he/she is sick.
  • Education: Decisions made regarding education are dependent on the type of school your child attends. For those who attend public school, education costs are not up for debate. However, those who are enrolled in private schools will need to determine the allocation of tuition payments. This is also true of children who hope to pursue higher education.

Contact a St. Charles, Illinois Divorce Attorney for Help

Making decisions regarding your child can become difficult without a third-party present to ensure that emotions affect the legal decisions being made. At Shaw Family Law, we understand that determining child custody is a difficult choice to make and we plan to help you at each step of the way. If you are considering divorce and are trying to determine child custody parameters, contact our Kane County divorce attorneys at 630-584-5550 for help.

 

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 IL family lawyerParenting is one of the most difficult jobs a person can have, whether or not they have a partner by their side. It can be a tough transition moving from a two-parent household to trying to balance parental responsibilities solo after going through a divorce. Although the initial transition can be difficult, many families are in the same boat. It is more common for children to be raised by single mothers rather than fathers.

According to the 2017 U.S. Census Bureau, one in four children is being raised without a father. This means that out of about 12 million single-parent families with children under the age of 18, more than 80% were headed by single mothers. Whether you are a single mother or a single father, balancing a full-time job and a full-time parenting job is extremely strenuous. Read the following tips to help you save time on an everyday basis:

  • Identify Time: Wasters and Address Them: Create a “key bowl” to avoid struggling to find your keys every morning or use the time spent waiting for your children in the parking lot to catch up on your favorite Netflix show. It is better to utilize this time for your benefit rather than wasting the extra five minutes every day.
  • Use Your Commute Rather than Lose Your Commute: Sitting in the car or on the train ride back from work is a good time for moms and dads to take time for themselves. Listening to an audiobook or podcast on the way home from work can help parents decompress before arriving home to their children.
  • Prepare For Tomorrow, Tonight: Making lunches and setting out clothes for tomorrow can save you ample time in the morning. This is also a good way to eliminate stress about arriving at school or work late.
  • Meal Prep, Meal Prep, Meal Prep: The activity known as meal prep has gone viral with the use of social media. Making meals on the weekends then packing them away in Tupperware can save you lots of time each night, even if you only meal prep one dinner per week. This can save you time grocery shopping at night, the time spent thinking of which recipe you can whip up the fastest, and the actual cooking time. Meal prep allows you to skip the stress and enjoy dinner with your kids.

Contact a St. Charles, Illinois Divorce Attorneys for Help

Divorce is a difficult time in anyone’s life, especially for those who have children. Your life and parenting schedule turns upside down as soon as the signatures are on the paper. At Shaw Family Law, we understand that going through a divorce puts additional stressors on each individuals' lives which is why we strive to take the legal pressure off of your shoulders. Contact our dedicated Kane County divorce attorneys at 630-932-9100 for a free consultation.

 IL family lawyerDeciding to get a divorce is often discussed at length by both spouses. Many couples will make a pro-con list to compare the good things in the relationship to the bad ones. Most parents think that getting a divorce will adversely affect their children; however, this is often not the case. Studies have shown that it is better for children to grow up in a household where they have examples of healthy relationships, even if this means realizing that what is best for their parents is to be apart. Just because this is usually best does not make breaking the news to your children any less difficult. Continue reading to learn about the best way to tell your child that you and your spouse are getting divorced.

Telling Tips

Telling your children that you and your spouse are filing for divorce is difficult no matter the circumstances. The following tips may not make it easier to tell your children the truth; however, it will help your child in the long-run.

  • Tell Your Kids Together: This is a fairly obvious tactic that is crucial while talking to your children about divorce. It can be confusing if one parent shares the information with the child without the other parent being present. This can give children the idea that they are losing a parent rather than adjusting lifestyles.
  • Provide Your Child with Details: Before you have this conversation with your child, the details of the divorce should already have been discussed. For instance, you should be able to tell them who will be living where, what your parenting schedule might look like, and how day-to-day life will go. These do not have to be set in stone but they can help make the child feel less unstable.
  • Rehearse Your Lines: It is advantageous to plan out what you are going to say before speaking to your children. If you do not think about it beforehand, your emotions can get the best of you and you and your spouse’s decision may not be clear enough for the child.
  • Utilize Your Weekends: Hearing the news that your parents are filing for divorce can be confusing and devastating to children. It is best to tell them the news on a weekend day when they can have time to digest and reflect on the information they just received without having to worry about attending school or extracurricular activities.

Contact a St. Charles, IL Divorce Attorney

Divorce is difficult on the personal lives of all those involved. For this reason, it is important to find an experienced divorce attorney to take the legal stresses off of your shoulders. If you are considering divorce, contact a skilled Kane County divorce attorney at 630-584-5550 for a free consultation.

 

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IL family lawyerGetting married and starting a family is ingrained in Western cultures, especially in the United States. By the age of 50, 90 percent of people have been married at least once. Due to the high percentage of individuals who decide to get married, there is also a large divorce rate. According to the Centers for Disease Control and Prevention, divorce rates are not as high as many think. 3.2 people out of every 1000 individuals go through divorce. Divorce rates may be decreasing; however, they will never become obsolete. Continue reading to learn different ways to avoid divorce whether you are on the path to your wedding or have already said “I do."

Avoiding Divorce

Love Is Not Ageless: Studies have repeatedly shown that getting married as a teenager is extremely risky. This is not only due to the lack of relationship experience but also the lack of financial security. Money problems can bring even the best relationships under extreme duress. After a certain point, divorce rates begin to increase as age does. Statistics show that the best age window to tie the knot is between 28 and 32.

Power Dynamics: One of the most important aspects of any relationships is equality. No one wants to feel like they have zero control over their romantic life. This sense of power can be in terms of finances, decision making, and many other aspects of a relationship. It is crucial to find a balance to maintain an equal power dynamic between you and your partner.

Communication Is Key: This is a pretty universal piece of advice that often gets lost in translation. It is easy to respond to your partner’s rude comment with an equally insulting one. Instead of nitpicking each other and creating a cycle of bad attitudes, it is better to be upfront with your partner about your feelings and emotions.

Change Is Not Always for the Better: Studies have shown that opposites attract meaning that a person’s unique qualities are what draws you in. However, once the “newness” of a relationship wears off, many of these quirks begin to lose their luster. One must remember that trying to “change” your partner is a recipe for disaster. You may spend most of your time together but this does not mean that you should begin to become each other.

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IL divorce lawyerWhen married relationships are no longer working for either spouse, most couples separate for a period of time before seeking out divorce. Most states require a couple’s separation, that is living under separate roofs, for a specific period of time before divorce can be initiated. The purpose of this forced separation is to allow each spouse to see what their life would be like without their significant other in order to decide if this is the best choice for them. While divorce is one of the most common answers if a couple is unhappy in their marriage, legal separation is also a valid response.

Legal Separation

If a couple is considering separation for a long period of time, a written agreement regarding their assets, debt, alimony payments, child custody, and visitation rights is advantageous for both spouses. While living under separate roofs and leading different lives may seem like a good way to move on, without legal documentation both spouses are still on the hook for the other’s finances. This includes debt incurred by either spouse.

Many couples decide to become legally separated for financial reasons as separation can have financial benefits for both parties. Some couples will use a legal separation agreement to reach the 10-year marriage requirement for social security benefits. If a marriage has lasted 10 years, a divorced spouse who has not remarried is eligible to receive such benefits later in life. Continuing under the same health insurance is also another advantage of legal separation. Many businesses will continue covering a separated spouse; however, it is crucial that you check the fine print of your healthcare plan as this is not always a guarantee. Legal separation can also lead to potential benefits when filing taxes. Sometimes couples, or ex-couples, can save money by filing their taxes jointly. This is also not always a guarantee but can be better determined with the help of an attorney.

Divorce

Divorce agreements include much of the same details regarding assets, debt, alimony payments, child custody, and visitation rights, yet all ties between the spouses become severed. Divorce agreements are also immutable. Once the papers are signed by both parties, the marriage is officially done. Divorce is most common because many couples wish to meet someone new after the ending of their marriage. If a couple is legally separated, they cannot get remarried and remain separated. A divorce is required. Many opt for divorce in order to completely disconnect themselves from their spouse and move on from their previous marriage.

Contact a St. Charles, IL Family Lawyer for Help

Divorce is a common result of unhappy marriages everywhere. However, many couples opt for legal separation because of the personal and financial benefits. Simply living in different houses does not qualify as legal separation. Couples must seek out an experienced legal separation attorney to hammer out the details. If you are looking to formulate a legal separation agreement, contact a skilled Kane County legal separation attorney for professional help at 630-584-5550.

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IL divorce lawyerSubstance abuse is one of the most common reasons why couples decide to divorce. With over 20 million Americans over the age of 12 suffering from addiction, substance abuse has become an epidemic throughout America. Individuals who suffer from drug and alcohol addiction can end up hurting their spouses and children mentally, physically, and emotionally. Many spouses will attempt to seek help for their addicted partner. While rehabilitation does work for some, many continue to have issues in the long-run. Continue reading to see how substance abuse can affect divorce if your spouse struggles with addiction.

Areas of Divorce Affected By Addiction

  • Child Custody: This is one of the primary areas in which addiction can have extreme ramifications. High intakes of drugs and/or alcohol can greatly impair one’s mental state, making it nearly impossible for a parent to fully care for their child. If one parent has struggled with substance abuse, the other parent is almost guaranteed full custody. One of the only ways in which the judge can be swayed is if said parent is actively participating in rehabilitation and is showing serious improvement.
  • Marital Assets: Judges attempt to divide marital assets as evenly as possible, though it may not always appear as such. Marital asset division is not necessarily dependent on each spouse’s everyday behavior, but rather their financial tendencies. If one spouse has spent a significant amount of the couple’s savings to feed their addiction, it is not uncommon for a judge to allocate more assets to the other spouse to make up for the finances that have been lost.
  • Negotiation of Settlements: Often times the spouse who struggles with addiction will not put up much of a fight throughout the negotiation of settlements. Judges take drug and alcohol addiction seriously when making divorce decisions and public knowledge of substance abuse can damage an individual’s reputation and career and potentially result in criminal charges depending on the severity of the situation.

Contact a St. Charles, IL Divorce Attorney for Help

If you are in the process of parting ways with your addicted spouse, it is important to have an attorney who will fight to win custody and a fair division of assets throughout the divorce proceedings. At Shaw Family Law, P.C. we understand that divorce from a spouse with a drug or alcohol addiction can be an emotional and difficult time for everyone involved which is why we work with your best interests at heart. Contact a seasoned Kane County divorce attorney for help winning the battle for the safety of yourself and your children.

 

Sources:

https://beginningstreatment.com/substance-abuse-and-divorce/

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