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How to Educate Yourself About Your Finances Before a Divorce
The financial aspects of divorce can be confusing and overwhelming, especially if you do not have much experience managing your own money. If you are uninformed about your finances, you can be left at a significant disadvantage when it comes time to divide your marital assets. The more you can educate yourself about your finances, the more prepared you will be to negotiate or argue for a beneficial outcome to your divorce, and to begin your post-divorce life with a plan to maintain your financial stability and find opportunities for growth.
Gather Information
When you know that a divorce is in your future, you should make a thorough effort to collect all available information about your personal and marital finances. Start with information about your assets, including statements from individually and jointly held bank accounts, retirement accounts, and investment accounts, as well as titles to any real estate, vehicles, and other valuable properties you may own. You should also review your credit report to understand any outstanding debts, including mortgages, vehicle loans, student loans, or credit card accounts.
What Should Parents of Children With Special Needs Know About Divorce?
Parents of children with special health or developmental needs are well aware of the challenges that come with raising and providing for them. Unfortunately, these challenges can often become more pronounced when parents are going through a divorce. In addition to the mental energy that the divorce process requires, parents may also be concerned about how best to handle decisions regarding child support and parental responsibilities in a way that prioritizes their children’s interests and needs.
Child Support for Special Needs Children in Illinois
One of the most significant challenges for parents of children with special needs is the financial cost. Estimates from the U.S. government indicate that from birth to age 18, the cost of raising a child with special needs may be at least five times as high as the cost of raising an average child. While many sources of financial assistance may be available, a good portion of the expenses is likely to fall on the child’s parents.
How to Handle Your Former Spouse’s Remarriage in Illinois
If you have recently been through a divorce, you may be excited about the possibility of finding someone new to spend the rest of your life with. However, the thought of your former spouse doing the same may not be nearly as appealing. An ex’s remarriage can be difficult to deal with on a personal level, and it can also sometimes have legal implications when it comes to the terms of your divorce resolution. You should think carefully about how you handle this situation to avoid creating a hostile environment for everyone involved.
Emotionally Coping With Your Ex’s Remarriage
Whether it happens soon after divorce or several years later, news of your former spouse’s remarriage can reopen old wounds caused by the failure of your relationship, especially if you have not yet found a new partner yourself. It can be easy to let your emotions get the better of you and react irrationally, perhaps by lashing out at your ex, complaining about them to your friends and family and on social media, or even trying to sabotage their new relationship. If you are not careful, your behavior could cross into the realm of stalking or harassment, and you could be subject to criminal charges or an order of protection. Rather than giving in to your destructive urges, try talking to a therapist or trusted friend and focusing on your own work, hobbies, or relationships.
Are Student Loans Considered Marital Debt in an Illinois Divorce?
Student loan debt is a serious burden for millions of Americans, with recent statistics showing an average debt of more than $30,000 among borrowers. Often, borrowers take 20 years or longer to fully pay off their loans. With this in mind, there is a good chance that if you are going through a divorce, you, your spouse, or both of you will have outstanding student loan debt. You should be sure to understand how this debt will affect the division of marital property, as well as your financial situation after the divorce.
Marital and Non-Marital Debt
One of the most important steps when getting a divorce is to take inventory of all of your assets and debts, as well as all those belonging to your spouse. Each spouse’s non-marital assets and debts will stay with them after the divorce, while marital assets and debts will be distributed fairly between the spouses. The question, then, is whether student loans qualify as non-marital or marital debt.
Can I Receive Child Support During the Divorce Process?
One of a parent’s most important responsibilities and legal obligations is to provide financially for their child’s basic needs. Many Illinois parents who are no longer married, or who were never married to their child’s other parent, rely on court-ordered child support to ensure the other parent’s fair contributions. However, married couples are typically left to manage child-related expenses on their own. This can make things difficult for a parent who is still legally married but in the midst of the divorce process, especially if their spouse is withholding income and assets.
If you are trying to get a divorce from a spouse who has abandoned you and your children, or who has cut you off financially, you may be able to petition for temporary child support before your marriage has been legally dissolved. An experienced divorce lawyer can help you understand your options.
Property Issues to Address in an Illinois Prenup or Postnup
If you and your partner are ready to commit to a life together in marriage, it is crucial that you can trust each other to make responsible financial decisions and respect each other’s property and financial goals. Similarly, if you are already married and your financial situation has recently changed, it is important to determine how you and your spouse will adapt to this new reality. A prenuptial or postnuptial agreement can often help to address these issues. When considering whether an agreement of this nature is the right choice, you should be aware of some of the property concerns that it can help you manage.
What Can an Illinois Prenuptial Agreement Do?
Provided that you and your spouse can agree to the terms, a prenup or postnup can help you do all of the following:
Enforcing and Modifying the Terms of an Illinois Parenting Agreement
For divorced and unmarried parents in Illinois, a parenting plan is crucial to establish the terms of the co-parenting relationship and ensure that the children’s best interests are protected. Like many other family law orders, the terms of a parenting plan are legally binding once they are approved by the court. Parents should be sure to abide by them, both for their children’s sake and in order to avoid legal consequences. If your child’s other parent has violated your parenting agreement, you can take action to enforce the order.
Parenting Plan Violations in Illinois
Illinois parenting plans must be fairly comprehensive when it comes to addressing parenting time, decision-making responsibilities, and communication between co-parents. As such, there are many ways that a parent could violate the terms of the agreement. For example:
Handling Child Care After an Illinois Divorce
After a divorce, most parents want to ensure that they can spend as much time as possible with their children. However, parents who work or attend school will need to balance their parenting responsibilities with these other demands on their time. This can be especially difficult for single parents who may not be able to rely on the other parent’s assistance as they did when they were married. As you prepare for a divorce, you should be sure to understand your child care needs and consider how to address them in your divorce resolution.
Strategies For Managing Your Child Care Needs
You may think of providing for your children’s care as a personal responsibility that has little to do with your divorce proceedings. However, there are several aspects of the divorce process through which you can address child care. These include:
Should I Try to Keep the Home in My Illinois Divorce?
Getting a divorce brings so many major life changes that you may find yourself looking for comfort and stability in things that can stay the same. This mindset may have led you to prioritize keeping your marital home in the division of property so that you do not have to worry about moving along with ending your marriage. However, keeping the home is not always the best decision, and it is important to consider your answers to the following questions as you decide how to proceed.
Are You Raising Children?
If you have kids under the age of 18 who are still living with you, especially if you are expecting a greater share of parenting time, staying in your home may be important to help the children adjust and allow them to continue attending the same school. If your children are already grown, however, a divorce may be a good opportunity to sell the home and downsize to a residence that is more affordable and easier to maintain.
How to Communicate With Your Co-Parent After a Divorce
As a recently divorced parent who puts your children’s wellbeing first, you may understand the importance of co-parenting with your former spouse, both for the sake of maintaining a consistent routine and ensuring that your kids continue to have strong relationships with both parents. However, when it comes to actually communicating with your ex to make this possible, you may be struggling, especially if the emotional pain of the divorce is still fresh. Learning how to communicate effectively with your co-parent can be one of the most challenging responsibilities you have as a parent, but it is also often one of the most important.
Tips for Better Co-Parenting Communication
Some of the details of your co-parenting strategy will be laid out in your parenting plan, while others develop with time. Communication is a skill that takes work, and the following tips can help you continue to improve.