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Even people who have not been through a divorce before are aware of many of the ways it can impact your life: whether you are splitting custody of your children, dividing your marital assets, or figuring out who will end up keeping your family home, divorce marks a significant transition. One area of life that is also impacted by divorce is taxes. This article will explain how, but if you have any further questions, feel free to contact a knowledgeable DuPage County, IL, divorce lawyer.
Something important for you to consider is your filing status. Married couples typically file their taxes together, and the timing of your divorce can impact how you should file your taxes. If you are still officially married on the last day of a tax year, the IRS will consider you as married for the entire tax year and you are legally allowed to file your tax return for the previous year together. If the divorce is final before December 31st, that is no longer an option. You will need to file separately and can do so as single or as head of household. There are pros and cons for each, depending on your specific circumstances.
With the number of child influencers constantly increasing, it is time for the law to begin addressing issues that have risen as a result. With children appearing in videos, live streams, blogs, and websites and monetizing their content, there is now a generation of children earning significant money in a way kids never did before. There is a whole set of laws regulating matters like working hours, privacy, and income for these young quasi-celebrities. If you are the parent of a child influencer, speak with a knowledgeable DuPage County, IL family law attorney to avoid accidentally violating the law.
There are several things parents or legal guardians of child influencers are required by law to do, including:
When parents go through a divorce in Illinois, they generally have some type of shared custody arrangement. Even if one parent has the majority of parenting time and parental responsibilities, the other parent is typically entitled to some time with the children and some ability to make decisions for them. A major area that can have a big impact on the child’s life is their education. Deciding how your kids will be educated is important, and both parents usually want what is best for them. What happens if the parent with a greater share of custody wants to homeschool the children but the other parent strongly disapproves? If you are in this situation, speak with a qualified DuPage County, IL divorce lawyer to understand your options.
Homeschooling can be an excellent option for some children but is not the best choice for everyone. If you are against homeschooling your children but your ex will not listen to your concerns, there are legal steps you can take to address the situation while your divorce is being settled:
Spouses who get divorced are entitled to marital property, which are assets that were acquired by either party during the marriage (with some exceptions). It is common for a spouse to experience a financial boost after being awarded his or her share of the marital property. Marital debt, however, which is also divided between both parties, can counteract that financial benefit.
In the debt division process, a judge often saddles both spouses with financial obligations. This can significantly affect the economic future of both parties, in ways that one or both spouses may feel is unfair. Some couples therefore hire an Illinois family law attorney to draft a prenuptial agreement that determines in advance how debt will be divided in a divorce.
When parents divorce or separate, they must establish a parenting plan. This plan includes parental responsibilities (formerly known as custody) and parenting time (visitation) agreements. Your plan will also assign decision-making rights to each parent for major decisions involving healthcare, education, religion, and extracurricular activities. In many cases, these decision-making rights are shared equally between parents; however, sometimes, only one parent has these rights.
Illinois courts must approve proposed parenting plans, transforming them into binding legal documents. Although these plans are permanent, circumstances that affect the best interests of the child can change. You may need to request a modification of your parenting plan. Our skilled DuPage County, IL child custody lawyers can help.
Illinois law prevents parents from modifying their parenting plan for two years after the court approves the initial final order in most cases. If there are specific issues that threaten your child’s emotional, physical, or psychological well-being, you might be able to request a modification before the two-year limit. You will need evidence that shows extenuating circumstances, such as:
There are two types of child custody: one is physical custody, which is when a child is physically under a parent’s care. Illinois law refers to this as "parenting time."
The other type of custody is called legal custody. This refers to making major decisions about the child, such as:
Medical decisions, like whether to follow natural medicine or conventional medicine
Educational decisions, like where the child will go to school
Religious upbringing, like which faith the child will practice and to what degree
When it comes to parenting time, state law and many child development experts agree that both parents should be involved as much as possible. Illinois courts therefore prefer to award both parents joint physical custody by default, excepting certain cases like if one of the parents is abusive or neglectful.
When two people get divorced in Illinois, they are both entitled to marital property. Marital property is what Illinois law calls possessions or assets that either spouse acquired during the marriage. With some exceptions, these assets belong to both parties and are divided in a divorce. The couple can divide the property between themselves or a court can do it for them.
When an Illinois court divides marital property between two spouses, it does so fairly, not equally. This can make the process somewhat complex because instead of just dividing everything in half, it is up to the judge to decide how the property should be divided. Property division becomes even more complex when it involves assets that are hard to divide, such as a family business. An Illinois property division attorney will defend your interests throughout the process and make sure you receive your fair share.
Much of the divorce process focuses on finances. Spouses who dissolve their marriages are sometimes required to pay child support and spousal support (alimony). They may also be required to divide their marital property, which refers to money and possessions belonging to both parties. These obligations can take a heavy financial toll.
However, spouses can protect themselves and limit financial hardship by preparing for divorce. This article will discuss three ways to prepare financially, but it is always best to consult an Illinois divorce attorney about what steps you can take.
A crucial way to prepare for divorce is to collect the relevant financial documents. However, this is easier said than done for spouses going through bitter divorces. If you are in a hostile divorce, you may have trouble getting access to these documents, especially if you are the "out-spouse." An out-spouse refers to a spouse who does not have knowledge or access to the couple’s financial assets. The in-spouse is the spouse who manages the couple’s finances.
Illinois is made up of 102 counties. Each county follows state and federal laws, but they also have some of their own rules that differ from each other. Every county has courts that have jurisdiction over the area, which means the courts enforce their county’s laws.
When you file for divorce in a county court, that court is called your “venue.” Usually, your venue is in the county you live in because that is where people often file for divorce. However, there are certain reasons why a spouse may wish to change the venue after the divorce has been filed.
If you think you might want to change the venue, speak with your Illinois divorce attorney about what steps to take.
There are several reasons why someone might ask for a change in venue. For example:
It is normal for there to be conflicts in divorce. When two people who share a life together decide to separate and divide that life, disagreements are bound to come up. However, divorce is also known to breed hostility and other negative feelings. These can lead to unnecessary conflicts that are not only unhelpful but can derail the divorce negotiations.
When you go through a divorce, consulting with an Illinois high-conflict divorce attorney is a great way to avoid unnecessary conflict. An experienced lawyer knows where in the process most couples run into friction and will help you avoid those hotspots.
Here are five ways to avoid unnecessary conflict in an Illinois divorce.
There are several hot-button issues that often need to be worked out during a divorce, such as:
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