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Naperville divorce attorney spousal support

There are dozens of things that you and your spouse will have to agree upon before you can finalize your divorce agreement. Some of the most contentious issues throughout many divorces are those dealing with two notorious topics -- finances and children. Things such as property division and child custody have the potential to turn a mildly agreeable divorce into one that is fueled by strong emotions, rather than reason. Even after you have come to a consensus, nothing is set in stone. Under certain circumstances, you may need to petition the court to modify your divorce agreement. One of the most common reasons for doing this is a remarriage by either spouse.

Remarriage and Child Custody

When it comes to child custody issues, such as parenting time and parental responsibilities, the remarriage of either parent can create the potential need to change the parenting time order or child support order. In nearly all cases, the child support order will likely never be terminated, but there is a possibility that the monthly amount could change. In Illinois, all child-related decisions are made using the child’s best interests. This means in a remarriage scenario, the actions taken are very situational depending on the family’s circumstances.

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Will County divorce attorney

Divorce is a difficult topic for everyone to stomach. For adults, divorce can be unpleasant to talk about and distressing for the couple who is actually going through the divorce. When you add children into the picture, it can become a much more delicate situation to handle. For children, being in the middle of their parents going through a divorce can be scary and unnerving. Many parents worry about how their kids will cope with their divorce, but children tend to be more resilient than we give them credit for. Studies have shown that children tend to grow up to lead happy and healthy lives as long as their parents did not subject them to regular conflict. There are many things that you can do as a parent to help your children through this difficult time in both of your lives. 

Tips for Easing the Transition

Here are a few things you can do to help your child cope with the difficulties that can come with your divorce:

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DuPage County divorce attorney

In Illinois, there is such a thing as the simplified joint marriage resolution procedure, or simple divorce, commonly referred to as an uncontested divorce. However, many couples opt to litigate their divorces since there are usually some or many things that require negotiations, including property and debt. When these contested divorces include added complications, such as major concerns about children, high-value assets, and business ownership, they are considered complex divorces. In general, the following five concerns could make your divorce far more of a complex divorce compared to a simple divorce or typical divorce.

5 Issues That Can Complicate Your Divorce and Make it Complex

  1. Valuable AssetsHigh-asset divorces might include high-value property, collector’s items, or accounts, among other things. In those cases, dividing the property takes on a heightened sense of financial substance by its sheer volume. Big-ticket items can include boats and million-dollar houses to heirlooms and other valuable items. In addition, retirement accounts and pensions as well as major investments and banking accounts may all require forensic accounting to get to the fairest and equitable decision during such a complex divorce.

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DuPage County divorce attorney asset division

When you own your own business, that business is your livelihood. For many small business owners, their business is like a baby they take great pride in producing, nurturing, and growing. However, all of that growth and success is jeopardized if you or your spouse seeks a divorce. Even if your spouse was never necessarily involved in the functions of the business, there is a possibility that he or she is entitled to a portion of the business’s value simply because of your marital status. Financial decisions made during your divorce can affect you for the rest of your life, so you should consult with a lawyer before you do anything. A skilled Illinois asset division and business valuation attorney can help you determine how you should handle your business when you are going through a divorce.

What to Do With Your Business

One of the most difficult decisions you will face during your divorce is determining what to do with your business. Typically, there are three options that are available to you: You can buy out your spouse’s share of the business and retain full ownership, sell the business and split the profits as is seen fit, or you can continue to co-own the business. There is no one right answer to what you should do; each family’s situation is different, so each solution will also be different. 

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Will County divorce attorney parenting plan

In many ways, divorcing when you and your ex have children together is much different than divorcing and just worrying about yourself throughout the process. When you get a divorce and you have children, there are various elements of your divorce that differ, or that are now required during your divorce process. One of the most important elements of any divorce that involves children is the parenting plan, which must be submitted to the court and approved before the divorce can become final in Illinois. The parenting plan is an important element in setting forth rules for co-parenting, parenting time schedules, significant decision-making responsibilities, how child-related expenses will be shared, among others.

Basic Requirements for Your Parenting Plan

Parenting plans are a requirement that the state of Illinois has set forth for all divorcing couples who have children, but they can actually be a helpful tool when transitioning to a co-parenting relationship. Your parenting plan will serve as the blueprints for how you and your ex should approach co-parenting after your divorce is finalized. The state has a list of elements that all parenting plans must contain at a minimum, but you have the ability to add as much detail as you would like to your parenting plan. 

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Will County divorce attorney parenting time

For many people, most of their knowledge about divorce is simply what they have seen played out in movies or TV or from stories they have heard from their family and friends who have gone through a divorce. No two divorces are the same, so there are many things that may come as a shock to couples who end up going through the process. This can be especially true when it comes to couples who have children. Parents getting a divorce have many additional issues to worry about, including allocating parenting time and parental responsibilities. For many parents, one of the biggest shocks can be realizing just how much less time they will be spending with their children.

Examining the Determining Factors

Nearly all family law practitioners and the court system encourages you to work together with your spouse to work out a parenting time agreement, but when a couple becomes contentious with one another, the court must sometimes intervene. If the court has to step in to make decisions about issues such as allocating parenting time, the decision will be made based on what is determined to be in the child’s best interests. To do this, the court looks at a variety of factors involving your situation, including:

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Will County divorce lawyer child support

When you and your spouse get a divorce, there are many issues that must be covered before the case can be finalized and closed. When you have children, that list grows even longer and includes matters such as determining a parenting time schedule, allocating decision-making responsibilities, and determining child support payments. Raising a child is expensive and both parents have an obligation to financially provide for their child, which is where child support comes in. Child support is typically paid by the parent with the minority of parenting time to the parent with the majority of parenting time until the child has turned 18 or until the child has graduated from high school, whichever comes later.

Reasons for Modification

The basic child support obligation, or minimum required amount to be paid each month, is calculated using a formula that takes into consideration the incomes of both parents at the time of the divorce, in addition to the amount of parenting time they have and several other factors. This support obligation is used to help cover basic living costs for the child, such as food, clothing, and housing. However, the variables that were present at the time the child support order was put into place are not constant and will typically change over the years. To accommodate these changes, the state of Illinois allows parents to request modifications to the support order if a “substantial change in circumstances” has occurred, which could include any of the following conditions:

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Naperville high-conflict-divorce attorney

Even in the simplest of cases, divorce is an extremely complex and demanding process, in both the legal and emotional sense. Though it is uncommon, it is not impossible for a couple to be in agreement when making the decision to get a divorce. In many circumstances, one spouse comes to that decision and must break the news to the other spouse, who may or may not react rationally. Sometimes, a spouse’s reaction to this type of news can be hypothesized, but other times the emotional distress causes the unknowing spouse to act in a manner that is completely out of character. When a spouse reacts negatively and severely to the news of the divorce, it can cause stress throughout the household, even for the children. High-conflict divorces can be chaotic and drawn out, which is why hiring an experienced divorce attorney is important.

Identifying a Contentious Spouse

If you have made the decision to get a divorce, you usually already have some sort of idea of whether or not your spouse is going to be combative throughout the process. This is because the people who usually put up the most fight during a divorce are also the people who usually exhibit traits of a high-conflict personality. Common personality traits and behaviors of high-conflict people include:

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