IL divorce lawyerSeparation is typically seen as the step taken before divorce; however, this is not always the case. Some use separation as a trial period to see a life without their spouse in it while others see separation as a substitute for divorce. Many that are considering separation have already experienced a mental or emotional gap without physical distance coming between them and their spouse. There are three types of separation, each of which gets progressively more serious.

Types of Separation

The following are the three types of separation available to married couples:

  1. Trial Separation: A trial separation can be the “trial period” that couples are looking for when they are having difficulties in their marriage. This form of separation does not require any legal paperwork and is not considered a legal process. Trial separation has the two spouses living apart with the potential to get back together. This form of separation often helps couples decide if their marriage is still meant to be or if divorce is on the horizon.

  2. Permanent Separation: This type of separation occurs when couples decide that they no longer want to be together but do not wish to have legal processes involved. Some choose permanent separation to continue to have financial benefits of a legal marriage. The division of property can become difficult in this form of separation without third-party assistance. Property purchased or debts incurred after the separation but without a divorce present is typically considered separate unless the debts are formed to care for children or the marital home.

  3. Legal Separation: This form is closest to a divorce. Legal processes are involved to officially divide assets, make child custody decisions, and to request financial support. Much like permanent separation, legal separation can be an alternative to divorce; however, legal separation is often the first step towards divorce for unhappy couples. Without a legal divorce, it is impossible to remarry since you legally never ended things.

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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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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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