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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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 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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