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When is Legal Separation Best?

In a marriage, there is a possibility to have difference of opinions, which may lead to separation or divorce. Considering the fact divorce can take time before a final agreement is reached, the Illinois Marriage and Dissolution of Marriage Act allows for the basis of legal separation as a way to live an independent life, without filing for an official divorce. There are various benefits to a legal separation over a formal divorce. Tax and Financial Implications Since the inception of the Tax Cuts and Jobs Act (TCJA), divorces have become expen...

Spousal Support and Tax Implications

As part of the divorce agreement, a higher-earning spouse provides alimony to a lower-earning spouse so living standards can be maintained and expenses such as education, healthcare, or job loss can be covered. Previously, alimony was tax-deductible – but not anymore. The New Tax Laws Both the federal Tax Cuts and Jobs Act of 2017 (TCJA) and Illinois Marriage and Dissolution of Marriage Act have revoked the status of spousal maintenance as tax-deductible from January 1, 2019. It has effectively made divorces more expensive for the higher-...

Advantages of an Uncontested Divorce

An uncontested divorce is also known as a no-fault divorce. It is one where both spouses have already agreed upon spousal maintenance, child custody, equity division of assets and future forms of communication. It is also one of the easiest to administer. If there is no agreement on any of the processes during a divorce proceeding, a divorce is called contested, and the court will have to seek child custody, a parenting plan, hire experts for equity division, or ask for formal marriage mediation. The provisions and procedures for both contested...

Equity Division of Assets during a Divorce

During a divorce, a couple’s house is usually the most expensive financial asset that needs careful division. Like sharing responsibilities in child custody, equity division of a house – or other financial asset, is also an important part of the divorce agreement. The way equity division happens and what assets can be divided are governed by the Illinois Marriage and Dissolution of Marriage Act. As per the law, marital property is all property that includes debts and other obligations pending by either spouse during the course of the ma...

Determining Spousal Maintenance in a Divorce

During divorce proceedings, spousal maintenance collections are determined under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Although they are determined at the very end of the proceedings, they are a critical component if a spouse also holds legal or physical child custody. Under state law, spousal maintenance is calculated based upon the needs of a child, the ability of the spouse to pay it, the length of the marriage, previous lifestyle and recurring or anticipated health needs of the spouse or child. Considering that dete...

Child Custody under the Uniform Child Custody Act (UCCA)

When individuals are going through divorce proceedings, there is usually a split achieved for property and financial assets, but one area of concern is how to approach matters of child custody. To simplify it, the State of Illinois has adopted the Uniform Child Custody Act (UCCA). It provides for a legal way to manage custody arrangements amongst parents, guardians and any extended family member looking to undertaking the responsibility of a child. Because child-related matters can be complex and complicated, a skilled family law attorney can h...

Protecting a Business in a Divorce

Divorces are common in the U.S. and your business is one of the most expensive assets you would need to protect during your divorce proceedings in Illinois. The share of your ex in your business depends upon different circumstances. Depending on the situation surrounding your particular divorce case, your ex could be entitled to at least half of your business. Follow this short guide developed by an experienced divorce attorney in Chicago area if you wish to protect your business from an impending divorce. Get a Fair Valuation With divorces bei...

Divorce Complications with Blended Families

Blended families are more common than ever. According to an estimate, there are more than 1,300 new blended families in the U.S. each day as people with children from previous marriage or relationship come together. A family with children from different relationships come together as a single unit after the parents marry. If a blended family is facing a divorce, things could get more complicated for them. Here are some of the most common divorce complications blended families face. Child Custody and Visitation Rights One of the biggest complica...

Is a Collaborative Divorce Best for You?

No matter how you look at it, an impending divorce is not easy – even in the best of circumstances. Unfortunately, there are bad divorces and then there are horrible divorces, filled with accusations, lies, prejudice and hefty lawyer fees followed by infinite litigation. Understanding a Collaborative Divorce Unlike a bitter divorce where both parties are neck-to-neck in accusations and arguments, collaborative divorce uses a cooperative approach to divorce. It involves a mutually agreed, legally binding contract for separation called Part...

If I Miss my Child Support, Can the State Suspend My Driver’s License?

The driver’s license of an obligor could be revoked if they have pending child support payments for more than 90 days. The license suspension is not automatic and the obligor has different methods to avoid suspension. However, if the non-payment of child support continues, then the obligor’s chances of avoiding a license suspension considerably dwindle. When is the Driver’s License Suspended? Under the Family Financial Responsibility Act, or the 1996 “Deadbeats Don’t Drive Act,” the state of Illinois can suspend an obligor’s drive...

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