IL family lawyerFor many married couples, it can be hard to know when to officially call it quits. Many couples consider divorce for months or even years before they make the decision to end the marriage. You may find yourself in that situation now. Perhaps you are unhappy in your marriage but you still hope that things can change. In situations like these, many couples decide to undergo a “trial separation.” If you are interested in temporarily separating from your spouse, it is crucial that you know the potential legal and financial ramifications.

An Information Separation Is Not a Legal Separation

People often use the word “separation” in reference to both living apart and getting legally separated. However, these are two completely different situations in the eyes of the law. If you are living apart from your spouse, this alone does not change the status of your relationship. A legal separation, on the other hand, involves a legal action. If you get legally separated, you and your spouse will formally decide on issues like the division of assets and debts, parenting time and parental responsibilities, child support, and spousal support. You can reach an agreement about these issues outside of court, or if you cannot reach an agreement, the court will hand down a decision. The only issue that Illinois courts cannot determine during a legal separation is property distribution.

An Informal Separation Can Leave You Vulnerable During Divorce

If you and your spouse decide to live apart for some time while you work out your differences, you should know the impact this can have on your finances and your potential future divorce. Simply living in separate homes does not afford you legal protections the way a legal separation does. For example, if your spouse racks up a great deal of debt during the trial separation, you could still be on the hook for repaying it. Courts also cannot enforce any informal arrangements you make about child support or spousal support.

You should also know that the child custody arrangements you decide on during the trial separation can influence future child custody decisions if you divorce. Illinois courts aim to make divorce as easy on children as possible. This means that they are more likely to favor the “status quo” as opposed to a new custody arrangement. For example, if your spouse kept the children during the school week during your trial separation and you decide to divorce, the court may favor keeping the custody arrangement the same.

Contact a St. Charles Divorce Lawyer

If you want to learn more about legal separation or divorce, contact Shaw Family Law, P.C. A Kane County family law attorney can help with matters related to child custody, property division, child support, and more. Call 630-584-5550 for a free, confidential consultation.

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IL divorce lawyerWe cannot control when we meet the man or woman of our dreams. Sometimes, a married individual meets someone else and decides to leave his or her spouse for their new partner. If you are planning to divorce your spouse and begin a new relationship with someone else, you may wonder how this situation will influence your divorce proceedings. There are several ways that a new romantic partner can affect your divorce – legally and personally – so obtaining legal guidance from an experienced divorce attorney is highly recommended in this situation.

Dissipation of Assets

Illinois is a no-fault divorce state. This means that there are not fault-based grounds for divorce. Marital infidelity does not automatically influence an individual’s divorce settlement. However, there are ways that your extramarital relationship can significantly impact your divorce. Dissipation of assets occurs when a married person uses funds or property on a purpose not related to the marriage while the marriage is undergoing a “breakdown.” If you spent a substantial amount of money on your new boyfriend or girlfriend at the end of your marriage, your spouse may file a dissipation claim against you and you may be required to reimburse him or her for the funds you spent on your new partner.

Spousal Support and Child Support

If you choose to get remarried to your new partner after your divorce, you should know that this can affect child support or spousal maintenance. Illinois spousal support automatically ends when the recipient gets remarried. Spousal support or “alimony” is eligible for termination if the recipient is cohabitating with a romantic partner. Your new partner’s financial support may also influence your child support order. If you receive child support, your partner’s income could result in you having more disposable income. This means that your ex-spouse could request a child support modification and may be eligible for a reduced child support obligation.

Personal Implications

Divorce is never easy, but it is often especially dramatic when someone leaves their spouse for a new boyfriend or girlfriend. Your spouse may be heartbroken or angry about the split. He or she may take this out on you by refusing to agree to a divorce settlement or unnecessarily dragging out the divorce proceedings. The best way to handle this complicated situation is to speak with a divorce attorney early in the process. Your attorney can help you prepare for divorce and help the split go as smoothly as possible.

Contact a Kane County Divorce Lawyer

If you are ready to end your marriage, contact a skilled St. Charles, IL divorce attorney from Shaw Family Law, P.C. Our team understands that your situation is complicated and we are ready to help. Call 630-584-5550 and schedule a free, confidential consultation today.

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IL divorce lawyerArguments about finances are common among married couples. However, there are some situations in which money becomes a tool that an abusive spouse uses to control and manipulate the other spouse. Financial abuse is not discussed as frequently as physical abuse, but the consequences of financial abuse can be just severe as physical violence. If you have been a victim of financial abuse and are planning to end your marriage, you should know about the ways that financial abuse can impact your divorce.

When Control Over Money Crosses the Line

Many people like to keep track of their income and expenses, stick to a budget, and have tight control over their finances. However, there are times when control over finances becomes abusive. Financial abuse is typically defined as controlling a person’s ability to obtain, use, or save money or property. It may also involve stealing or withholding funds or property from the rightful owner. Some signs that you may be a victim of financial abuse at the hand of your spouse include:

  • Your spouse spends money you have earned without your consent
  • Your spouse insists on having your bank passwords and other financial data
  • Your spouse demands that you turn over your paychecks to him or her
  • Your spouse requires you to ask permission to spend even a small amount of money or gives you an “allowance”
  • Your spouse does not allow you to work or make your own money
  • Your spouse makes all of the financial decisions without your input
  • Your spouse uses threats, intimidation, or violence in order to access or control your money
  • Your spouse sabotages your efforts to become more financially independent

Divorce Involving a History of Financial Exploitation or Manipulation

If you are planning to divorce and you have been a victim of financial abuse, you need to take steps to protect your rights during divorce. If it is safe to do so, gather copies of important financial documents like tax returns and credit card statements. Consult with a divorce lawyer experienced in handling cases involving financial intimidation or domestic abuse. Your lawyer can provide legal support throughout your divorce. He or she will protect your rights and make sure that you are not tricked into a divorce settlement that is lower than what you deserve.

Contact a Kane County Divorce Lawyer

If you are planning to divorce and you have been a victim of financial abuse, you need a strong advocate on your side. Contact a St. Charles divorce attorney from Shaw Family Law, P.C. for dependable legal guidance at every step in the divorce process. Our team can help with property and debt division, child custody, child support, and much more. Call our office at 630-584-5550 and schedule a free consultation.

 

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b2ap3_thumbnail_lawyer.jpgThere are two main categories of divorce in Illinois, contested and uncontested. A contested divorce is one in which a couple cannot reach an agreement about the terms of their divorce. Because they cannot reach a settlement about property division, child custody, spousal support, or other issues, the court must make a determination on their behalf. An uncontested divorce is one in which the spouses are able to reach an agreement about the relevant divorce issues without court intervention. Unlike spouses in a contested divorce, spouses in an uncontested divorce do not need legal representation during a divorce trial. However, a lawyer is still a valuable source of legal guidance, support, and assistance during an uncontested divorce.

Helping You Resolve Disputes That Arise During the Divorce

Many divorcing spouses still care about each other. They no longer wish to be married, but they still want the best for their soon-to-be ex-spouse and do not want to cause unnecessary stress or hostility for either party. Unfortunately, things rarely go as planned when it comes to divorce. You may think that you and your spouse have agreed on the terms of the divorce until you run into a disagreement. A divorce lawyer can identify all of the divorce issues that need to be settled upon and help you and your spouse reach an agreement about these issues. If a disagreement about child support, parenting time, the division of marital property and debt, or another issue does arise during the divorce process, your lawyer can help you negotiate possible solutions.

Avoiding Legal Issues After the Divorce

Your lawyer can also help you take steps to avoid legal disputes in the future. This is an especially important step in marriages involving children, significant marital property or debt, or spousal maintenance. For example, have you considered what will happen if one of the spouses moves away and wants to take the children with him or her? What happens if the spouse who promised to pay off the marital credit card debt falls behind on payments and the credit card company goes after the other spouse? Your lawyer can help you take steps to avoid future conflicts. He or she can help you determine in advance how any post-divorce modifications or concerns should be handled and formalize your decisions in the divorce decree.

Correctly Documenting Your Settlement

Most courts provide fill-in-the-blank forms that divorcing spouses can use to document their agreements about divorce issues. However, these forms typically only include the “bare bones” issues and do not go into detail about divorce concerns. Your lawyer can ensure that your settlement is documented fully and accurately. Your lawyer can also help ensure that the divorce settlement is not flawed or unreasonably one-sided.

Contact a St. Charles Divorce Lawyer

If you are thinking about divorce and are unsure of where to start, contact Shaw Family Law, P.C. for a free consultation. We can identify the legal issues you will likely encounter during your divorce and advise you as to the best course of action moving forward. Call us at 630-584-5550 today and set up your free consultation with one of our experienced Kane County divorce attorneys.

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IL divorce lawyerIf you are a parent who has decided to end your marriage, announcing the divorce to your children may be the most dreaded part of the entire ordeal. You may be worried about how your children will react to the news or afraid that you will not have the answers to their many questions. You may also be concerned that your children will think that the split is somehow their fault. Unfortunately, there is no avoiding this important discussion. On the bright side, a tremendous amount of research has been conducted about how to help children cope with divorce. There are several things experts say you can do to make the divorce announcement go as smoothly as possible.

Include Both Parents in the Conversation

Understandably, you and your spouse may not be on the best terms right now. However, psychologists and other experts suggest telling the children about divorce together, if possible. When one parent announces the divorce in the other parent’s absence it can sometimes make the children feel as if they have to choose sides. Having the conversation as a whole family can help your children feel more secure. Explain that even though you and your spouse will no longer be living together, you will still love and care for the children just the same.

Avoid Oversharing Details About the Reasons for the Split

Children are naturally inquisitive. While it is important to remind children that their actions did not cause the divorce, be careful not to divulge too much information about why you have decided to split up. Talking about the reasons for the divorce can quickly lead to blame and accusations between the adults. Even if the divorce was largely caused by one spouse’s infidelity or other harmful behavior, telling the children too much adult information will only burden them.

Remind Children That Their Feelings Are Normal

Children can have a wide variety of reactions to the news of divorce. Some will pretend that everything is fine and act like they did not even hear what you said. Others will break down and cry or become angry and non-communicative. Some children, especially those who have been exposed to numerous parental arguments, may even feel a sense of relief. Remind your children that their feelings are valid. Answer their questions to the best of your ability and remind them that you are available if they want to talk or ask other questions in the future.

Contact a Kane County Divorce Lawyer

The practiced St. Charles family law attorneys at Shaw Family Law know just how difficult divorce with children can be. We are here to help you with all aspects of your divorce including child custody matters, child support, property division, and more. Call our office at 630-584-5550 and schedule a confidential consultation to discuss your needs today.

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