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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:
A wedding ring is a symbol of marriage and is given from one person to another with the expectation that they will marry. A common question, therefore, is whether a spouse must give his or her wedding ring back to the other spouse when the marriage ends. This is an especially common question with wedding rings that cost thousands of dollars.
If you get divorced, your spouse may demand the wedding ring back. He or she may even claim that it is marital property and must be divided between the both of you. This article will discuss whether a wedding ring is marital property and must be returned in a divorce. It is always best to direct any questions regarding divorce to a qualified Illinois divorce attorney.
Illinois law defines marital property as anything acquired by either spouse during the marriage. If one party obtained ownership of something after the marriage began, it is considered marital property and belongs to both spouses. Assets like cars and houses, therefore, are often divided in a divorce.
Among the many decisions that need to be made during a divorce is how to split parenting time. Parenting time is when a parent has physical custody of his or her child. In Illinois, both parents are entitled to equal parenting time with their child by default. A court will award one parent more parenting time if it is in the child’s best interest.
There are many ways to split parenting time between two divorced parents. This includes dividing holidays and summer vacation with the child. It is not always clear which schedule is the right one for you and your child, however, so consult with an Illinois family lawyer before committing to a parenting schedule.
When two parents get divorced in Illinois they are required to create a parenting plan. This is a document that details how the spouses will parent the child after the divorce. A major part of the parenting plan is the parenting time schedule, which outlines how the spouses will divide the weeks, holidays, and summer vacations with the child.
It is common in an Illinois divorce for a judge to order one of the parties to pay child support and/or spousal support, also known as alimony. This is called an order for support. An order for support contains all the details about making the payments, such as the amount, the frequency, the dates, and how the payments must be made.
One of the main ways support payments are made is through income withholding. This is a process through which a certain amount of income is withheld from the paychecks of the obligor, or the party who has been ordered to pay the support. The money is then passed on to the obligee, or the spouse who is supposed to receive the payments.
Income withholding can come with certain challenges, such as retaliation from an employer. It is important, therefore, to involve an Illinois family lawyer as soon as you receive an order for support.
One of the most complicated parts of the divorce process is asset division, also known as property division. It involves identifying a couple’s marital property, which means those assets that belong to both spouses jointly. Once identified, the marital property is then divided between the parties.
Asset division can become even more complicated if there are international assets, such as:
Vacation homes overseas
Foreign investment properties
Foreign retirement accounts
Overseas trusts
Overseas bank accounts
If your divorce involves foreign assets, consult our Illinois divorce attorney with experience in complex asset division. He will know which assets need to be divided and will engage a forensic accountant when necessary.
Under Illinois law, spouses who get divorced are entitled to marital property. Marital property refers to assets that were acquired during the marriage. Generally, if something was acquired by either spouse during the marriage, it becomes marital property and must be divided fairly in a divorce. If something was acquired by a spouse before the marriage, however, it is not divided.
There are some exceptions to this rule, such as commingled property. This article will discuss marital property and commingled property.
Because property division is a complex area of divorce law, any questions about marital property should be directed to a skilled divorce attorney in Illinois.
Illinois law defines marital property as anything that was acquired during the marriage, for example:
Co-parenting after a divorce is rarely easy and never simple. One of the reasons for this is that each parent now has his or her own separate life to lead. Priorities get shifted around, mistakes are made, the unexpected happens, and emergencies come up.
So, if your co-parent fails to show up for his or her parenting time with your child, it may be a misunderstanding. Furthermore, Illinois law wants to keep parents and their children together. If your ex misses a visit, he or she is not likely to face penalties.
However, if your co-parent is making a habit of failing to show up for parenting duty, it is something you should discuss with an Illinois family law attorney. A qualified lawyer will help you understand what action to take, if any.
Say your ex is consistently failing to appear for his or her parenting time with the child. If action can be taken, does that mean you should take it? Some people might be reluctant to address the issue for fear of “making waves” or inviting hostility. This can be especially true if your ex has been known to be abusive and you fear reprisal.
You may have heard at least one person say, “I lost everything in the divorce.” This tends to happen in divorces where finances and assets are not managed properly. Without the right divorce attorney, a person going through a divorce can lose a lot of money to:
Spousal maintenance payments, also known as alimony
Child support payments
Division of assets
Another pitfall that is often overlooked by divorcing parties is how their credit can be damaged by the divorce. This article will discuss four ways to protect your credit in an Illinois divorce.
One of the most important ways to protect your credit is by removing your spouse’s name from your credit cards. As long as your spouse is an authorized user of your credit cards, you run the risk of debt piling up. Not only will you be responsible for that debt, but you may be paying for expenses that are no longer yours.
For many couples who get divorced in Illinois, child support can be one of the hardest parts of the process. A court that orders an ex-spouse to pay child support will do so after considering several factors, such as:
Who has the majority of physical custody, known as “parenting time” in Illinois
The net income of that parent
The net income of the other parent
If spousal support, or alimony, is also being paid
The child’s or children’s needs
Because of this, it is important to retain a divorce lawyer who understands family law and can help you navigate the legal system when it comes to child support.
An issue often raised by those receiving child support is what happens when the party paying the support — called the payor — receives an increase in his or her income. Does that mean the payee should then receive more child support? The answer, as with most legal questions, is “it depends.”
Often, the division of assets can be a fairly straightforward part of the divorce process. The spouses outline all their marital assets and properties, as well as debts, and either they can come up with a reasonable plan for splitting these or the court will do so, taking into consideration both parties’ finances, earning capability, and other factors. Unfortunately, some people find they cannot trust their future ex-spouse. While it is not legal to withhold information, some people try to hide assets in an effort to keep them from needing to share them with their ex. In some cases, a spouse might use marital funds for things having nothing to do with the marriage, for example by gambling or spending on someone they are being unfaithful with. If you do not trust your spouse to be open and honest about finances and other assets during divorce proceedings, a forensic accountant might be exactly what you need. Speak with a DuPage County, IL divorce lawyer to find out more.
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