Most divorces take a number of months to finalize—six months to a year is common. During this time, one of the spouses typically moves out of the house, as continuing to live together is too much strain on the couple as well as the children. During this time, temporary orders of custody and support can be provided by the court. One of the most important and useful court orders is temporary alimony, referred to as bridge the gap alimony. This money helps the lower-earning spouse pay bills and expenses during the divorce process.
Many of the laws surrounding divorce can seem complicated, unnecessary, poorly thought-out, or just plain wrong depending on your side of the argument. For example, disability benefits can be garnished to pay alimony or child support. For some, this may seem like an unfair demand or request. On the other hand, the receiving spouse may rely on that money to make rent or pay for their child’s healthcare expenses. An experienced Hinsdale divorce attorney can help explain how disability benefits can and cannot be divided during divorce.
Prenuptial agreements can be used for a variety of marital reasons, and one of those reasons is for debt protection. The average American has more than $38,000 of debt, and this does not even take into account home mortgages. Millions of Americans are so deep underwater on their mortgages and other loan payments that they are will likely end up being in debt until the day that they die.
Neglect is a term thrown around quite frequently in heated custody battles by one parent directed at the other. However, what constitutes neglect? Leaving a child alone for an afternoon may seem like an unwise, irresponsible thing to do in one parent’s opinion, but perfectly normal and acceptable to the other parent.
There are around 5,000 marriages per year in DuPage County, and there are almost half as many divorces annually, according to the Illinois Department of Public Health. The first step of divorce begins with what is called the petition for divorce. The petition for divorce is served by one spouse to the other. The spouse that serves the petition to the other is called the petitioner. First, they must file papers with the court, after which they are required to legally deliver, or serve, the petition to the other spouse.
Marriages often struggle because of a lack of communication, mutual goals, and intimacy. Financial stress, unrealistic expectations, and constant arguing are other top causes of divorce, yet sometimes these difficulties can be worked on to save the marriage before it is too late. In other circumstances, the marriage may be beyond repair. One study showed that the most common major contributors to divorce were lack of commitment, infidelity, and conflict or arguing, while the most common reasons for being the “final straw” were infidelity, domestic violence, and substance use.
There are generally two types of custody: shared custody (also called joint custody) or sole custody. Shared or joint custody of a child occurs when both parents have legal decision-making responsibilities about that child. Sole custody is when only one parent has that decision-making capacity—only that single parent can decide where the child lives, what their child’s daily schedule looks like, where they go to school, and more. These two types of custody, joint and sole, are the only two that are typically discussed. If sole custody is awarded to a parent, the other may be given …
The new tax law that went into effect at the start of 2019 harms women in a variety of ways. From lower spousal support payments to higher taxes due to children not qualifying as a deductible, the so-called “Tax Cuts and Jobs Act” can have serious consequences for women and men getting divorced in 2019, and those who are planning to modify an agreement as well.
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