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naperville divorce lawyerWhen dealing with a divorce, it is not uncommon to come across a contentious spouse. The disagreements between two partners often lead them to feel contempt for one another and break down their ability to communicate and reach a mutual agreement. The inability to communicate is usually expressed during the divorce process — contested divorces can include a failure to agree on various elements of a divorce decree. However, a problematic spouse can also lead to a difficult ex-partner. Suppose your ex does not uphold their end of the divorce agreement, including failure to pay spousal support. In that case, they can be held legally responsible. 

Defining a Divorce Decree

A divorce decree, or a divorce agreement, is a legal document upheld in a court of law. In other words, spouses can not violate a divorce decree. Both spouses will be legally required to follow the orders defined in the agreement. In the case of spousal support payments, also known as alimony, partners must uphold the agreement dictated in the divorce decree. If a partner decides not to follow their requirements from the contract, they can be held in contempt of court for refusing to obey a court order. 

Enforcing a Court Order

Suppose you find yourself in a situation where your ex-partner stopped paying spousal support. In that case, it is best to consult a skilled divorce and family attorney who can represent your interests. As mentioned, the divorce decree is a legally-binding document. If a spouse is no longer upholding their end of the agreement, the other party involved should seek legal action. 

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naperville divorce lawyerEvery divorce is different and unique to the family undergoing marriage dissolution. When spouses cannot agree upon these decisions together, there are many different routes that families can take to complete a divorce, such as mediation between spouses. During a divorce, litigation is usually seen as a last resort. Litigation can be intimidating, time-consuming, and expensive. If a settlement is not reached, litigation will move to trial.   

The Reason Why Divorce Cases Move to Trial

The main reason divorces move to trial is because spouses are unable to reach an agreement about one or more divorce issues. A trial will leave the decision-making to the court, not the spouses themselves. Many decisions made during a divorce are problematic because they drastically change the family dynamic moving forward. For example, many couples will disagree regarding child custody and visitation arrangements or ownership of shared marital property. Firm disagreement over divorce issues results in a contested divorce

Three Steps to Prepare for Trial

Litigation, especially during divorce cases, can be nerve-racking. The idea that decisions will be left for a judge to decide makes many individuals feel uncertain about their futures. It is critical to work alongside a skilled divorce attorney who can advocate on your behalf during the divorce trial. Here are three steps to take to maximize your chances of a favorable divorce outcome:

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naperville child custody lawyerIt can seem like a nightmare scenario when your ex-spouse withholds visitation or parenting time with your children. However, there are many legal avenues that a parent can take to ensure they receive their fair share of parenting time with their children. Typically, the allocation of parenting responsibilities and parenting time is detailed in the divorce agreement — a legally binding document. Since the divorce decree is a court order, spouses must uphold it. If either spouse or parent chooses to breach the terms in a divorce decree, they can face significant consequences. 

Option 1: Mediation

Sometimes, parents need to reevaluate the allocation of parental responsibilities and parenting time and make modifications to their Parenting Plan. Parents may be able to reach an agreement about parenting time and parental responsibilities through mediation. Alternative dispute resolution methods like mediation offer ways to handle legal issues without going directly to a court judge. Mediation involves a neutral third party to assist parents in resolving legal matters. 

If you and an ex-spouse are having trouble sticking to the custody, parenting, or visitation plan outlined in your divorce agreement, a mediator may be able to help. Seeking mediation rather than court intervention could save you time and money. However, mediation only works if both parents are willing to communicate. Mediation is appropriate for parents looking for a trained individual to help facilitate negotiation. However, mediation is not helpful if there is contempt between spouses, ongoing refusal to adhere to the parenting plan, or if a parent suspects abuse or neglect by the other parent. 

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naperville divorce lawyerLike any divorce process, divorcing during retirement has its unique challenges and hurdles. Divorces alone can be complicated, especially if the couple has been married for an extended time. Spouses wind up sharing many financial assets throughout a marriage, including retirement pensions and other savings accounts. An individual might be entitled to their spouse's retirement plans even if there was no contribution on that individual's end. When divorcing during or after retirement, spouses must be vigilant in protecting their savings to ensure financial health for their future. 

Protecting Your Retirement Plans

Individuals typically open retirement plans such as a 401(k) or an IRA when preparing for retirement. These are considered financial assets, which could be divided equally between two spouses during a divorce. Pension benefits from a spouse's career may also be regarded as a shared marital asset and divided equally between both partners. According to Illinois law, retirement plans, including pension, are often considered shared marital property and must be divided as such. In a no-fault divorce state such as Illinois, the court emphasizes the equitable division of finances and other property. If you are considering or actively pursuing a divorce and wish to have your retirement plan and pension separated from your spouse, it is in your best interest to work alongside an experienced attorney who can help you understand ownership of retirement assets and how best to divide assets between you and your spouse. 

Will My Spouse Split my Social Security Check?

At the age of 62, Illinois residents can collect social security benefits. Depending on how long you and your spouse were married and the amount of social security your spouse collected, you may be entitled to social security benefits based on your spouse’s employment history. Typically, spouses married for ten years or longer may be entitled to the higher-earning spouse's social security. 

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naperville child support lawyerThere are many reasons why parents choose not to pay child support payments. Whether a parent doesn’t feel the child support order is justified, or a financial loss makes it hard to maintain payments, real legal consequences follow nonpayment of child support. After the COVID-19 pandemic, more and more parents found themselves in tight financial situations, causing difficulty paying child support. To avoid legal penalties for avoiding child support payments, parents in a tight financial situation can follow a legal modification process to change their child support order.

Legal Consequences

Child support orders are written as part of a divorce decree. The divorce decree is a legal document drafted for spouses after a divorce. Parents choosing not to pay child support are breaking a legal document and can face severe penalties. 

If a parent is not paying child support, the recipient parent may contact the Illinois Division of Child Support Services (DCSS) to enforce the child support order. After six months of avoiding child support payments, or after over $5,000 in outstanding child support has accumulated, the DCSS may choose to submit a prosecution request to the obligor parent through the state. 

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