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5 Signs That Your Marriage is Over and It Is Time to File for Divorce
The decision to divorce is a highly personal one - and far from simple. There might be years of happy memories that are difficult to let go of, despite how difficult things have been lately. Perhaps there are children involved, and like most parents, you are worried about how a divorce might affect them. Add in any number of the other possible variables that occur in a divorce (domestic abuse, financial disadvantages, disability, etc.), and divorce may no longer seem like an option. For others, staying in an unhappy or toxic situation might begin to seem preferable to the complex and often lengthy process of a divorce.
Thankfully, neither scenario needs to occur, as there are options for even the most difficult situations. Of course, before one can actively seek out solutions for their situation, they must first come to terms with it. Look for these five signs in your marriage. If you have noticed any of them, it may be time to decide if divorce could be the next best step in your life.
What Happens When Assets Remain Hidden Until After the Finalization of a Divorce?
When it comes to money, some spouses will stop at nothing to keep more than their fair share in a divorce. Offshore accounts, cryptocurrencies, and foreign real estate are just some of the tools that sneaky spouses use to hide money.
Sadly, only so much can be done to track down the missing money in a divorce - and even a skilled team of professionals have their limits. The money does sometimes surface after the divorce has been finalized, however. Learn what options you may have in such a situation in the following sections, and discover what our seasoned divorce lawyers can do to assist you.
Following the Money Trail - When Clues Resurface After the Divorce is Finalized
Most deceptive spouses think only about the immediate situation; rarely do they consider what might happen if you discover the hidden assets once the divorce has been finalized. As such, they may begin to relax their spending habits once the proceedings are over, giving you the evidence you need to reopen your divorce case.
Helping Children Find Happiness and a Sense of Security After a Divorce
Divorce often marks the beginning of a happier, more evolved life for the formerly married parties. Some people discover their passion or find a new love. Others return to their roots for love and support, which may ultimately deepen their relationships with extended family and old friends. Whatever the scenario, divorce can ultimately change people for the better. Sadly, the same cannot always be said for the children of divorce.
Understanding Why Children Are So Vulnerable in a Divorce
Children of divorce are often victims of circumstance with little to no decision-making power in the process. If their parents decide to sell the family home and both move into a smaller or cheaper place, the child may be forced to change schools. When parents struggle to get along or agree on specific, child-related matters (i.e. what religion the child should practice or where they should go to school) they may be caught in the middle of a long and contentious battle over parenting time issues or the allocation of parental responsibilities.
White House Publicly Announces Willingness to Protect Faith-Based Adoption Agencies
Adoption can be a rewarding way to grow one’s family - and in some situations, the only option. With a surplus of children awaiting safe and loving homes, one would think that adoption agencies would want to provide their services to every prospective parent, regardless of their gender, marital status, sexual orientation, or religion.
Sadly, this is not always the case.
Discrimination against marginalized persons in adoption is still a major issue in some states, and it does not appear to be changing any time soon. In fact, the White House recently voiced their support for faith-based organizations, stating that their denial of certain families falls under their protected right to exercise and practice their faith. They also granted an exemption for a faith-based adoption agency in South Carolina, which recently came under fire after it was revealed that they only place children in “Christian” households.
Study Examines the Use of Antidepressants Among Adult Children of Divorce
Each year, an estimated 1.5 million children in the United States experience the divorce of their parents. In less populated countries like Norway, the numbers may seem less impactful, but the rate of divorce is actually around the same - around 40 percent. That, along with their low immigration rate, made them the perfect location for a study on the use of antidepressants among the now adult children of divorce.
Gen-X and Millennials Shape Our Understanding of Divorce's Impact on Kids
Divorce used to be a fairly rare occurrence - both around the world and in the United States. Rulings were also very different back then, with mothers often receiving sole custody of the children, along with alimony and child support. Social norms (fathers were usually the breadwinners and mothers typically stayed home to care for the children), paired with the perception that mothers had a superior role in the development of children were largely responsible, but science has since challenged our understanding of familial roles, child development, and the impact that divorce can have on kids.
These 4 Money Mistakes in Divorce Can Significantly Impact Your Financial Future
Of all the issues that one may deal with during the divorce, those related to money tend to be the most sensitive and volatile. That is because, in this arena, mistakes can be costly, and they often have a lasting, negative impact. Thankfully, by avoiding these four commonly made money mistakes, parties can decrease their risk of experiencing significant financial loss in a divorce while also increasing their chances of receiving the divorce settlement to which they are entitled.
Oversharing Details About Your Personal Life and Finances
While the law does require you to provide financial disclosure to your spouse during the discovery process of your divorce, there is such a thing as oversharing. Examples of information that you may want to keep private include:
- An inheritance received after separating from your spouse;
- Vacations or vacation plans that take place after the separation;
Alimony Is No Longer Deductible Under New Tax Laws
New tax laws that went into effect for this year have brought about quite a few changes. One major change, which could be bad news for those who are currently in the process of divorce, is that alimony (known as spousal maintenance under Illinois law) is no longer tax-deductible for those who pay it, and it will not be considered taxable income for those who receive it. This may be a major loss for people who are required to pay a large amount of alimony.
The 2018 Tax Cuts and Jobs Act (TCJA) is in effect now, and it applies to any divorce cases finalized after December 31, 2018. Therefore, going forward, any divorce that includes spousal maintenance will follow the new rules. Pre-2019 divorcees, however, may still qualify for the old rules.
Payors: Does Your Pre-2019 Agreement Meet Requirements for Tax-Deductible Alimony?
Will a Court Terminate Visitation for a Parent or Other Family Members?
Most experts agree that children thrive when they have positive relationships with both parents, along with extended family on both sides. Unfortunately, life does not always work out that way. In some cases, parents do not agree on which family members should and should not be part of a child’s life. Sometimes, a parent may even have good reason to feel that the other parent is unfit to be around their child. Typically, Illinois law allows for children of divorced parents to continue having parenting time with both parents and meaningful relationships with all of their extended family. However, there are, of course, necessary exceptions.
What Is Considered Cause for Termination of Visitation?
Custody laws in Illinois state that unless a child’s physical, emotional, mental, and/or moral health is at stake, modifications to a child custody agreement will not be made. Of course, this can be a tough call to make, so when there is a question about the matter of a child’s safety, it will probably require an investigation and a hearing. Significant evidence that the accused party is indeed a danger to the child will have to be produced in order for the court to consider changes.
Fighting Child Custody Changes After Being Wrongly Accused of Abuse
Although spousal abuse and child abuse are unfortunately all too common, there are some situations in which false allegations are made. If you have found yourself facing a legal custody battle based on made-up accusations, you will definitely want to seek the advice of a knowledgeable family law attorney.
Steps to Take
A disgruntled spouse or ex-spouse may think that accusing the other party of abuse will help win a custody case, even if nothing of the sort ever actually happened. They may involve DCFS, or they may go straight to the court. In these cases, it is of utmost importance that you remain calm and cooperate with any investigations that may take place. A judge will most likely try to err on the side of caution where a child is involved, but at the same time, courts are not willing to take away parenting time without clear, just cause. The worst thing you could do during this time is lose your cool. That is why it will help to have legal counsel for advice and to give you confidence in your case.
When Can Grandparents Petition for Visitation Rights in Illinois?
While many families cherish the relationship between grandparents and their grandchildren, there are exceptions. Whether a parent has personal issues with the grandparents or truly has reason to believe that the grandparents are a danger to their children, there are certain conditions in which contact between children and their grandparents may have been terminated. There are also situations in which grandparents may feel that children are better off with them than with the actual parents. However, there are specific necessities laid out by Illinois law that dictate whether grandparents can legally pursue visitation or custody rights.
According to the American Academy of Matrimonial Lawyers, Illinois Chapter, the state of Illinois is very “pro-parent” and “anti-grandparent.” The rules for grandparents seeking visitation rights are fairly strict. The first prerequisite is that the parent or parents’ refusal of grandparent visits must be without good reason.
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