Category Archives: Family Law

IL divorce lawyerPlanning a wedding is an intensely exciting time, during which every little detail brings you one step closer to saying “I do.” However, somewhere between the color scheme and the wedding march, it is important to remember that a marriage is the joining of two lives in their entirety. Not only will you be sharing a family and a home, but you will also be sharing in each others’ financial status, for better or for worse.

Although as we discussed in another blog that the divorce rate is dramatically decreasing, it is still the sobering reality of a significant portion of the population. Therefore, it is vital to protect yourself, and your dependents, from any financial fallout that may occur after a divorce. If the wedding has not happened, you still have time to complete a prenuptial agreement. If, however, you are already solidly into the marriage and the honeymoon phase is long-past, do not fret; a postnuptial agreement is available.

The Basics

Both a prenuptial agreement and postnuptial agreements are legal documents that specify what happens, should the marriage come to an end. The sole difference between the two is, the prenuptial is signed before the wedding begins, while postnuptial begins after entering into the union. The primary focus of either agreement is the financial outcome, such as the division of property and debt, but since the spouses create these arrangements with the assistance of a skilled attorney, they can include or exclude anything a party wishes to be made clear. Some spouses even go so far as to explain the outcome, should there be infidelity during the marriage. Most couples include information regarding:

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How to Get Out From Under Child Support DebtYou can quickly amass a large debt if you fall behind on making your required monthly child support payments. You will not only owe back child support, known as child support arrears, but Illinois will charge nine percent interest per year when you are 30 days late on making a payment. There can be serious consequences for parents who do not pay their child support, including:

  • Fines;
  • Wage garnishment;
  • Withholding of tax refunds;
  • Driver’s license suspension; and
  • Jail time.

You should treat child support debt seriously by trying to pay it off and making sure you can afford future payments.

Debt Consolidation

Some people who owe child support arrears take out an unsecured personal loan in order to repay it. You would be shifting that debt from child support to a creditor, but there is not a risk of jail time if you are unable to keep up with payments on an unsecured loan. Whether a personal loan will help you depends on your credit rating. You must:

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Making Divorce Your New Year's ResolutionAre you considering getting a divorce but hesitating to go through with it? You can motivate yourself by making a New Year’s resolution. If you are unsure whether to divorce, you can resolve to come up with an answer. If you know you need a divorce, you can resolve to explore divorce resources and take the big step of telling your spouse about your decision. Following through on your resolution could help you find new optimism for the coming year.

Questioning Divorce

You should be confident in your decision to divorce because people rarely go back once they have started the process. It may help you to make a list of positives and negatives of getting a divorce. When creating the list, you can ask yourself:

  • How often am I unhappy in my relationship with my spouse?;
  • Would I be able to improve our relationship by communicating more?;
  • Does the idea of leaving my spouse make me feel more scared or relieved?;
  • Am I staying married because I am concerned about being able to support myself?; and
  • Am I staying married because I am afraid of how it would affect our children?

You may end up with more in the negative column than the positive column, but that does not mean you should not divorce. Your happiness and emotional health are important, and the divorce process has solutions to many of your negatives.

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DuPage County divorce attorneyGetting a divorce can wreak havoc on many areas of your life, but your finances can take an especially hard hit. When you are married, your accounts, loans and bills are all typically in both you and your spouse’s name, but that can be disastrous, especially if your divorce is particularly contentious.

After your divorce, you have to separate your finances from your spouse, but it is not uncommon for people to come out of a divorce with quite a bit of debt and some damaged credit. Without good credit, it can be difficult for you to get loans in your name or obtain housing, among other things. Here are a few things you can do to return your credit back to a healthy state after your divorce:

Live Within Your Means

Now that you are separating your finances from your spouse’s, you need to look at your expenses and income and determine whether you are making enough to live. You should create a budget that outlines all of your necessary monthly expenses, your optional monthly expenses and money for spending. Keeping a good credit score is mostly dependant on paying your bills on time and keeping your debt low. Living within your new means will help.

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Hinsdale divorce lawyerMany people think that divorce only affects children when they are young and still living at home. In reality, it is difficult for children of any age to hear that their parents are getting a divorce. Adult children whose parents are getting a divorce also feel a sense of loss and sadness.

Typically those who have adult children have been married for years, and these kinds of divorces can be the most difficult because they have more history. It is important to remember that your children -- even if they are adults -- also need the love and support that would be given to younger children. Here are a few ways you can help your adult children deal with a divorce:

Wait until the Whole Family Is Together

Timing is everything and telling your adult children about your divorce is no exception to the rule. It is usually advisable to tell all children at the same time about the divorce. Schedule a family gathering during a time that works for everyone to break the news. The last thing you want is for one child to hear about the news from another child.

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