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Benefits of a Divorce Support Group

A divorce can be a painful and heart-wrenching experience, which can make even the strongest of individuals fall to their knees. Suddenly, your life has been turned upside down, the people who claimed to be your friends disappear and no one can understand what you are going through. If you find yourself in this situation, joining a divorce support group with similar individuals who are experiencing and dealing with same ordeal you are will be a healing experience for you. Here are just some benefits a divorce support group can offer:   L...

What a Protective Order Does for Domestic Violence Victims

Domestic violence is a serious issue that can break apart families and usually end with couples in divorce court. In the state of Illinois, victims, regardless of their gender, can get a court order to block their abuser from the family home for their own safety and the safety of their children. This court order is called a Protective Order and it is enforced by the police to ensure victims are protected against their abuser. To qualify for one, the victim must have been threatened, harassed, injured, or restrained unlawfully by the abuser, who...

How Are Retirement Accounts Divided?

A divorce will affect several aspects of your life, including your retirement plan. As the most valuable item a couple can share, the court can order a retirement plan be divided by the divorcing spouses. In Illinois, the monetary value of a retirement account accumulated before a marriage, does not come under the guidelines of marital property. However, according to the law, the amount accumulated post-marriage in the retirement account belongs to both spouses. In other words, during a divorce, part of the account may be subject to a division,...

Child Care During Holiday Breaks – Who Pays?

For divorced parents, summer vacation may mean extended visitation with their children who they may only see on the weekends during the school year. However, while that time is great for developing a deeper relationship with estranged children, activities they expect to enjoy on those days may extend beyond your budget. Even if children remain at home or visit the other parent more frequently, groceries, which used to last for a month, can start to deplete within a week. If you budget around your child-support payments, chances are, you can’t...

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...

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