IL divorce lawyerDivorce settlements often contain orders regarding property division, debt payment, the allocation of parental responsibilities, parenting time, child support, spousal support, and other matters. One concern many people getting a divorce have is whether their soon-to-be ex-spouse will actually comply with the terms contained in the divorce settlement or judgment. It is important to remember that court orders are not optional. If an individual deliberately refuses to follow a court order, including orders related to divorce, he or she can be charged with contempt of court.

Contempt Charges for Failing to Comply with a Property Division Order

When you get divorced, you will be expected to fulfill the obligations specified in your property division order. For example, you may be required to make mortgage payments, pay off a shared credit card, or submit certain property to your former spouse. If you purposely do not follow the directions in your property division order, you may be held in contempt of court. The possible penalties for contempt of court include steep fines and even jail time.

Nonpayment of Spousal Support or Child Support

If a divorce settlement includes an order for spousal maintenance, also called spousal support or alimony, the paying party is expected to make these payments in full and on time. This same is true for child support payments. If a paying party intentionally fails to make these payments, he or she can potentially be charged with contempt of court. However, if the paying party cannot make these payments because of a major change in circumstances, such as a job loss, he or she will most likely not face contempt charges. If you are a parent who is struggling to make child support or spousal maintenance payments, never simply stop payments. You may be able to obtain a modified order if the circumstances warrant it. Furthermore, it is very important that you follow directions regarding parental responsibilities and parenting time contained in your parenting plan. Deliberate failure to do so can also result in contempt charges.

Contact a Kane County Post-Divorce Enforcement Lawyer

The directions contained in a court order are mandatory. Failure to comply with these directions can result in serious consequences. If your former spouse is refusing to follow the orders contained in your divorce settlement or you want to request a post-divorce modification, we can help. Contact Shaw Family Law, P.C. at 630-584-5550 today and schedule a free consultation with a knowledgeable St. Charles family law attorney.

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IL divorce lawyerGetting a divorce in any circumstance can be heartbreaking and overwhelming. However, getting divorced when you have children with your spouse can be especially challenging. Many parents worry that ending their marriage will be traumatic for their children. While breaking the news of divorce to children is never a pleasant conversation, there are certain steps parents can take that may minimize the trauma as much as possible.

Have a Family Meeting About the Impending Divorce

Child development experts and mental health professionals generally agree that it is best to break the news of divorce with both parents present. Use the word “we” when explaining the split to the children – even if the divorce was not a mutual decision. When only one parent tells the children about the divorce, it can make the children feel like they have to choose sides. While some families choose to tell the older siblings before the younger siblings, many mental health professionals suggest telling the children all together regardless of their ages. When some children know about the divorce before the others, it leaves them with the unfair burden of keeping a secret.

Plan What You Will Say in Advance

Just as you probably plan for important work meetings, you should plan how you will tell your children about your divorce. Think about the main messages you want your children to take away from the conversation. You may want to reassure your children that they will still be loved and cared for and that the divorce is not their fault. Remind them that even though you and your spouse are no longer going to be married, this does not change the fact that you are still their parents.

Accept Your Children’s Reactions

Children are all different and may have a variety of reactions to the news of divorce. Some children may throw a tantrum or become extremely angry. Others may cry and want to be held and comforted. Some children may initially act nonchalant or even have no noticeable response at all to the news. These are all normal reactions. Try to give your children space to work through their emotions and remind them that you are available to talk and answer questions whenever they feel ready.

Contact a Kane County Divorce Lawyer

At Shaw Family Law, P.C., we know the toll that divorce can take on a family. Our highly-skilled, compassionate St. Charles family law attorneys are fully prepared to help you with issues related to property division, child custody, child support, and more. Call our office at 630-584-5550 to schedule a free, confidential consultation with a member of our team today.

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IL divorce lawyerThe National Coalition Against Domestic Violence estimates that one in four women and one in nine men have been the victim of violence or stalking at the hands of a romantic partner. Domestic violence affects people of all ages, ethnicities, and income levels. If you have been a victim of domestic violence or abuse at the hands of your spouse, you may be considering divorce. Leaving an abusive spouse takes a tremendous amount of courage. If you are divorcing a spouse who has abused you physically, emotionally, financially, or otherwise, you should know that you do not have to face the divorce process alone. A skilled divorce lawyer can help you with orders of protection, child custody, and child support concerns, property division, and more.

Emergency Orders of Protection

If you are worried that your spouse will react violently when you leave him or her, you may want to obtain an emergency order of protection (EOP), sometimes referred to as a “restraining order.” An EOP is a court order that instructs an abusive spouse or other family member to stay a certain distance away from you, your children, or your workplace or school. EOPs can contain many different types of directions depending on your particular needs. If the abuser violates the terms of the EOP, call the police and he or she will be arrested.

Child Custody Concerns

Child custody and visitation are called “the allocation of parental responsibilities” and “parenting time” in Illinois. If you or your children have been abused by your spouse, it is crucial that you notify the court of this abuse. Illinois courts make all child-related decisions based on the best interests of the child. If you believe that your children will not be safe with your spouse, you can petition the court for the sole responsibility of your child, sometimes called “sole custody.”

Getting a Fair Divorce Settlement

If your spouse tried to manipulate and control you through violence or intimidation during your marriage, it is likely that he or she will try to do so during your divorce as well. It may not be possible for you and your spouse to reach a fair agreement about the terms of your divorce by discussing these issues on your own. Mediation can sometimes help a couple reach an agreement about property division, child custody, child support, and spousal support, but the mediation process is not typically recommended for divorces involving a history of domestic violence or abuse. A lawyer will protect your rights and advocate on your behalf so you receive a fair divorce settlement.

Contact a Kane County Divorce Lawyer

No one deserves to be abused by their spouse. If you are ready to divorce your abusive spouse, contact a St. Charles family law attorney from Shaw Family Law, P.C. for help. We can assist with obtaining an emergency order of protection, petitioning the court for sole custody of your child, fighting for your rights during property division, and more. Call us at 630-584-5550 today to schedule a free, confidential consultation with a compassionate lawyer from our firm.

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Posted on in Divorce

IL divorce lawyerMultiple studies show that disagreements about finances are the top predictor of divorce. Finding a way to manage money in a way that meets the needs of each spouse in a marriage can be extremely difficult. This is especially true if one spouse is more of a spendthrift and the other spouse considers saving money a greater priority. If you are getting a divorce, you may be concerned about how you and your spouse’s debts will be divided. The division of property and debt is often one of the most complicated and contentious aspects of a divorce. Finding a fair way to allocate property and debt often requires help from an experienced divorce lawyer.

Marital Debt Versus Nonmarital Debt

In Illinois, only the marital estate is divided during divorce. The marital estate includes all of the marital debt and property acquired during the course of the marriage. Property and debt which was acquired before the couple was married is typically not divided and is instead assigned to the original owner. If your spouse had incurred a great deal of credit card debt before you were married, you are not responsible for repaying the debt. However, if your spouse took out a car loan during the marriage, you may still be on the hook for this debt even if you did not drive the car. If you and your spouse had previously signed a valid prenuptial agreement that allocates debt and property in the event of divorce, the terms of this agreement are followed.

Student Loan Debt

Differentiating between marital and separate debt is not always straightforward. In the case of student loans, educational debt incurred before the marriage took place is typically considered nonmarital property. However, this is not always the case. Illinois courts consider several factors when determining whether or not educational debts are considered part of the marital estate. These factors include but are not limited to:

  • How the money was used
  • Who benefited from the money
  • At what point in the marriage the debt was acquired
  • Tax implications
  • Each spouse’s earning power

If the student loans are considered part of the marital estate, they are subject to division according to the rules of equitable distribution. This means that the debt is divided equitably, or fairly, based on each spouse’s income and assets, the duration of the marriage, each spouse’s earning capacity, and many other factors.

Contact a St. Charles Divorce Lawyer

Illinois courts use a property division method called equitable distribution to divide debt and property fairly. However, the courts have discretion to deviate from this method in certain circumstances. A Kane County divorce attorney from Shaw Family Law, P.C will protect your rights and advocate on your behalf during property and debt division. Call our office at 630-584-5550 for a free consultation to learn more about how we can help you achieve a fair divorce settlement.

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Posted on in Divorce

IL divorce lawyerLegal separation is one way that a married couple can live apart, manage parenting issues, and isolate their finances from the other spouse without getting divorced. There are a great number of reasons that a couple may choose to get a legal separation. Separation offers many of the same benefits as divorce, but unlike divorce, separation is reversible. Only you can decide whether or not legal separation is right for you. If you do decide to separate, make sure to understand your rights and responsibilities regarding separation under Illinois law.

Why Do Married Couples Become Legally Separated?

In some cases, a couple knows that there are major problems in their marriage, so they separate for a period of time in order to work on these problems independently. Other times, a couple separates because they are not ready for the finality of divorce but they want to live apart and divide their parental responsibilities and finances until they decide if divorce is the next step. Some religions prohibit divorce, so members of those religions who do not want to live with their spouse get a separation in order to gain some of the benefits of divorce without actually ending the marriage. There also may be tax, social security, and health insurance-related advantages to remaining legally married. Legal separation can also be a great way to protect your finances from a spouse you are currently in the process of divorcing.

Requirements for Legal Separation in Illinois

If you want to file for a legal separation in Illinois, there are a few prerequisites you should be aware of. In order to qualify for separation, either you or your spouse must have lived in the state of Illinois for at least 90 days. For the court to determine the allocation of parental responsibilities and parenting time, your children must have lived in Illinois for at least six months. You must also be living physically apart from your spouse in order to qualify for legal separation. It is very important to note that physical separation is different from legal separation. You may be living apart from your spouse, but you are only legally separated if you request a petition for legal separation and are granted a separation through the court. If you later decide that you want to get divorced, you can file a request with the court to convert your separation into a divorce.

Contact a St. Charles Family Law Attorney

Legal separation offers many of the same advantages as divorce. Legal separation allows you to divide your finances, parental responsibilities, and manage spousal maintenance issues. However, separation does not formally end a marriage the way divorce does. If you have further questions about separation or divorce, want to formulate a legal separation agreement, or have other family law needs, contact Shaw Family Law, P.C. Schedule a consultation with an experienced Kane County legal separation lawyer by calling us at 630-584-5550.

 

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