Tag Archives: Geneva divorce lawyer

Shared Parenting Greatly Benefits Children of DivorceShared parenting is more than a right that each parent has during a divorce. Numerous studies have concluded that children benefit when both parents take an active role in caring for and raising them. Children of shared parenting agreements:

  • Do better academically and socially;
  • Have fewer issues with depression and anxiety; and
  • Are less likely to develop unhealthy habits, such as drugs and alcohol abuse.

Despite these benefits, some divorcing parents resist the idea of sharing parental responsibilities with their co-parents. Decades ago, the normal parenting arrangement after a divorce was for the children to live with the mother most of the time and have visits with the father on certain weekends. There are several reasons why shared parenting is better for children:

  1. Less Change: Children can feel abandoned if they rarely see one parent after the divorce. It is as though the father left the family instead just divorcing their mother. Shared parenting lets the children know that they still have a family with two parents, the difference being that the parents no longer live with each other.
  2. Continued Bonding: Parents and a child start developing their attachment when the child is an infant, which is why it is important for both parents to hold and care for the child at that age. This bond continues to develop between them during their adolescence and through the teenage years. Having a strong bond with both parents makes children feel more secure and be better capable of healthy relationships with others.
  3. Different Roles: Each parent has a unique perspective and skills that he or she brings to raising the children. Parenting agreements traditionally favor the more nurturing parent, but the children also learn important life lessons from the other parent. One parent may be better at helping the children solve problems or share a common interest with the children that the other parent does not.
  4. Complete Parenting: It is unreasonable to expect one person to take on all the responsibilities of a parent and be as successful as a two-parent household. By dividing parenting time, divorced parents can be more attentive in raising the children. When one parent is unavailable, the other parent can take over and prevent gaps in parenting.

Contact a Kane County Divorce Lawyer

Illinois presumes that each parent has a right has a right to parenting time during a divorce but that an exactly equal division of parenting time is not preferred. A Geneva, Illinois, divorce attorney at Geneva Family Lawyers can help you negotiate a parenting plan that gives you the parenting time that your children need. Schedule a free consultation by calling 331-588-6611.

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The Difference Between Equal and Equitable Division of PropertyThe words “equal” and “equitable” sound similar enough that you could use them interchangeably, but there is an important difference between the words when it comes to divorce. According to Illinois law, the division of property during a divorce must be equitable but not necessarily equal. An equal division of property focuses on each spouse getting half of the marital property, while an equitable division of property is more concerned with each spouse getting a fair share.

Equitable Division vs. Community Property

Nine states, including Wisconsin, follow the community property law that assumes that each spouse equally owns any assets and debts gained during the marriage and must equally divide them during a divorce. The rest of the states use equitable distribution, which means that the marital properties will be divided based on what is fair for each side. If spouses cannot determine an equitable division on their own, a divorce court will decide for them.

Advantages of Equitable Distribution

Why do most states use equitable distribution instead of equal distribution? In many cases, dividing the marital assets equally would not be a fair arrangement because the spouses are not financially equal:

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Lessons You Can Take from a Billionaire's DivorceAmazon CEO Jeff Bezos is headed for divorce with his wife after 25 years of marriage. Given that he is the richest man in the world, it may be the most expensive divorce the world has seen. If they follow the standard equitable division of marital property, his wife could receive around $68 billion in assets. Your divorce will not have this extreme level of valuable assets, but you can learn what to expect from a high-asset divorce by watching his case.

Business Assets

The public question about Bezos’s divorce is how it may affect Amazon. Bezos founded the company after he was married, which means that his ownership of Amazon is marital property. There are several possible outcomes because of this:

  • His wife could obtain a share of ownership of Amazon;
  • She could sell her share to another party, possibly disrupting the company’s balance of power; or
  • Bezos could pay billions of dollars to purchase her share of the company.

Any business owner going through a divorce must weigh similar decisions, though most will have much less money at stake. Your business is a marital property unless you created it before your marriage and have kept its finances separate from your marital finances. It is important to maintain control of your business after your divorce, but you will need to give your spouse other valuable assets as compensation.

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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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