IL family lawThe holiday season has its own difficulties for everyone. For some, family parties and the amount of money being spent on gifts become their source of stress. While for others, December becomes breakup season. It is fairly common for couples to decide that divorce is best amidst the holidays. Due to the additional amount of time that couples spend with their families and each other, along with the financial pressures that the holidays can bring, divorce decisions are often made during or immediately following festivities. The idea of “new beginnings” can also spark a need for change. Breakups that occur during the holiday season can be difficult; however, those going through their first holiday season after a recent divorce often struggle the most.

Survival Tips

Whether you are considering divorce, are in the process of one, or have just come out on the other side, it is important to keep the following things in mind throughout the holidays:

  1. Validation: Many try to ignore their pain or sadness thinking that it is wrong to be depressed during a time when everyone else appears to be jolly. It is important to remember that your feelings are valid under such circumstances. The pain of divorce does not take a break just because Christmas is around the corner.
  2. Remember Your Children: In the midst of divorce, holidays often become irrelevant; however, those with children cannot cancel the holidays. While you may be lacking holiday cheer, it is important for your children’s lives to remain relatively similar as before. This includes the celebration of holidays as a family, whether or not this includes your ex.
  3. Create New Traditions: Continuing to celebrate with old traditions can cause old sentiments to resurface. Discontinuing old traditions and creating new ones is a good remedy, especially for those traditions that include your former spouse.
  4. Volunteer: Many families volunteer their time throughout the holidays whether they find themselves in a tough place or not. Volunteering is a great way to keep your mind off your own matters and also reminds you of the great things you have in life.

Contact a St. Charles, IL Divorce Attorney for Help

Deciding divorce is the correct path during the holidays can be difficult for all parties involved. It is important to have an experienced divorce attorney help you through this difficult time. At Shaw Family Law, P.C., we work with our clients to make the process as painless as possible. Contact our Kane County divorce attorneys for a free consultation at 630-584-5550.

 

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IL divorce lawyerThe rights of the LGBTQ community and same-sex relationships have greatly evolved in the United States within the last 20 years. Unlike many countries, the United States has legalized same-sex marriage throughout all 50 states. Learn about how historical changes can result in difficult divorces and dissolutions:

Making History

Same-sex marriage officially became legal across the country just three years ago. The 2015 decision of Obergefell v. Hodges resulted in the highly anticipated legalization of marriage. Before permitting same-sex marriage, the various states across the country allowed for “civil unions.” A civil union is a legally recognized arrangement that is similar to marriage. The first civil union was offered by the state of Vermont in 2000. The legal trend spread throughout the United States, including in Illinois in 2011. Though civil unions did recognize same-sex relationships, many people within the LGBTQ community did not view civil unions as having the same power and meaning as marriage. Obergefell v. Hodges put an end to marriage inequality, making the loving agreement legal in all 50 states.

Divorce and Dissolution

Like all other relationships, just because one can get married does not mean it will always work out in the end. Divorce between same-sex couples is often easier said than done. Before the legalization of same-sex marriage, many couples had been together for 10, 15, even 20 years. This means their life together is often much longer than their marriage certificate recognizes. As a result, it can be much more difficult to determine parental rights, alimony payments, and various other aspects that are decided in a divorce. Some courts will recognize prior years of cohabitation; however, this is not always the case. On the other hand, some couples decided never to say “I do” and simply stuck to their legally recognized civil union. As is the case with marriage, a civil union is a binding contract. Thus, more goes into the ending of a civil union than simply walking out the door. The dissolution of a civil union is very similar to the procedure for divorce. Assets get divided, parental rights must be decided, and spousal maintenance is allocated if necessary. Though the words divorce and dissolution may be different, the result is the same: a terminated contract with loose ends to tie up.

Legal Help for Illinois Divorce and Dissolution

Divorce and dissolution when it comes to same-sex couples is an extremely complicated process. It is difficult to divide the assets and results of a relationship that has not been legally recognized for the length of time that it has existed. At Shaw Family Law, P.C., we understand that the delay in legal recognition should not mean an unfair divorce or dissolution. Contact us at 630-584-5550 for a free consultation with a seasoned Kane County divorce attorney so that you can have a fair ending to your marriage.

 

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Posted on in Divorce

IL divorce lawyerDivorce is commonplace in today’s society. Many families go through this legal process and some even have to sign the papers multiple times. Like the statistics say, 50% of marriages end in divorce. Though high-conflict divorce is seen on television and social media every day, divorce is not always conducted through a screaming match. Some couples divorce due to infidelity or constant arguing; however, two of the most common reasons for divorce are lack of intimacy and not being prepared for marriage. Divorce may not be pleasant for any of the parties involved, but getting a divorce does not mean you hate your spouse. Learn about the two types of divorce and the common options available to those going through the ending of a marriage.

Contested Divorce

This is the type of divorce often televised or included in movie plotlines. A contested divorce occurs when neither party can come to an agreement about the terms and details of the divorce. This includes the division of assets, allocation of debts, alimony, child support, or child custody. Those going through a contested divorce will find themselves arguing in court, in front of a judge. Because of the lack of agreement between the parties, a judge will make the decisions for the couple, by taking all aspects of their relationship, family, and financial situation into consideration. This takes away all forms of decision making from the divorcing couple and places it into the hands of the judge. Often times, couples will begin the divorce process in a contested manner but eventually come to agreement to save themselves from enduring a divorce in front of a court.

Uncontested Divorce

An uncontested divorce is one of agreement and compromise. Those going through an uncontested do not necessarily have to “get along” but they do need to be able to come to a conclusion on matters such as division of assets, allocation of debts, alimony, child support, or child custody. Though this may not be an easy task, learning to compromise can save couples from wasted time and money. Many couples going through an uncontested divorce seek divorce mediation. The purpose of divorce mediation is for the couple to decide on the terms of their divorce with the helping hand of a divorce attorney. The lawyer is not there to act as a referee between arguments, but rather to legally record the terms of the divorce while acting as a neutral negotiator between the two parties. Though mediation does not work for all couples, it is a good option for those going through an uncontested divorce. Not only does it save time and money, but it also allows for the couple to sustain an amicable relationship after the ending of their marriage.

Legal Assistance

Regardless of the type of divorce you and your spouse are involved in, an experienced divorce attorney is necessary to ensure fairness and equality in the terms of the divorce. At Shaw Family Law, P.C., we have experience with both contested and uncontested divorces. We also have mediation attorneys available to couples seeking a conversational format for their divorce process. Contact our skilled Kane County divorce attorneys at 630-584-5550 for a free consultation to discuss your options for divorce.

 

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IL family lawyerOver the years, legal separation has gained popularity. This has nothing to do with love and everything to do with money. A legal separation is a court order that specifies the rights and responsibilities of each spouse while they remain married yet apart. This can be a “loophole” from losing lots of money in a divorce case. Though there are other reasons for separation, such as religious beliefs or hope for improvement in the future, many have discovered the money-saving capabilities that legal separation can have and decided this was the best option for them and their family. Read about the various financial stipulations that a legal separation can eliminate before deciding to choose divorce.

  • Social Security Benefits: By law, a marriage must last at least 10 years to receive social security benefits that coincide with your spouse. Though these benefits do not begin until you reach 62 years of age, many couples think of this before signing the divorce papers, especially those who are close to the finish line. Many couples will choose to be legally separated until the 10-year mark, then use their legal separation agreement as an outline for their divorce.
  • Health Insurance Benefits: Whoever is the “breadwinner” of the household usually holds the health insurance benefits; however, some employer’s health plans allow spouses that are legally separated to continue with the benefits. This is a case-by-case basis and is dependent on the employer’s contract and plan.
  • Tax Benefits: Some choose legal separation in hopes that they will save money if they file their taxes together. This is also dependent on a case-by-case basis. Because of the complexity of tax law at the state and federal level, some states allow legally separated couples to file their taxes together while others do not.
  • Personal Finances: It is no secret that divorce is an expensive life adjustment. Some couples simply cannot afford to move out on their own and buy everything needed to start a new life. In this case, couples will get legal documents stating their separation and “divide” the belongings in their household.

Discuss Your Situation with an Attorney

Legal separation changes state to state, making it necessary for a detail-oriented lawyer who knows the federal and state regulations inside and out. Our Kane County legal separation attorney has extensive experience throughout Northern Illinois, serving clients in St. Charles, Geneva, Aurora, Batavia, Wheaton, Yorkville, Elgin, and the surrounding areas of Kane, DuPage, DeKalb, and Kendall Counties. Call the office of Shaw Family Law, P.C. to receive your free consultation, educating you on the legal separation process and the benefits involved.

 

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IL divorce lawyerDivorce is the legal process of dismantling a marriage, and as such, the divorce process involves many financial decisions like dividing a couple’s marital property and determining whether spousal maintenance is necessary and appropriate. For the individuals getting divorced, the divorce process can be expensive. It also involves individual planning on each partner’s part to ensure that he or she does not face financial hardship after the divorce. Your discussions with your lawyer should cover every financial topic related to divorce, such as the tax obligations that come with certain marital assets and how to divide your retirement accounts through a QDRO. On your end, take the following initiatives to make the divorce process as financially straightforward for yourself as possible.

Completely Sever Yourself from Your Spouse Financially

Before the divorce is finalized, work with your spouse to close all your joint accounts. If he or she is an authorized user on your credit cards, remove him or her from them. You might choose to divide your outstanding credit card debt yourselves by transferring it to two new, separate credit cards. This is also the time to determine how to divide your shared investments.

Determine Your Post-Divorce Obligations and Create a Budget

After your divorce, you will probably be living off just your own income. This significant change in household income warrants a new budget.

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