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Tips for Creating a Successful Parenting Plan During Your Illinois Divorce
Whether you and your soon-to-be-ex are on good terms, or you cannot stand to be in the same room together, one thing is certain: Co-parenting with someone to whom you used to be married is hard. Even if you initially agree on child custody terms, disagreements and complications are bound to arise. This is why it is so important to build a strong parenting plan during your divorce. A well-thought-out parenting plan can help you and your child’s other parent focus on what really matters: Your kids.
Try to Work Out an Agreement that Minimizes Conflict
When parents divorce, they are required to submit a parenting plan to the court for approval. If the parents cannot agree on the plan, the case may eventually end up at trial. Child custody disputes are stressful for adults and children. If you can, try to reach an out-of-court agreement. Mediation may be a useful tool if you and the other parent are able to discuss issues cooperatively. However, if the situation is more contentious, negotiating an agreement through your attorneys may be the better option.
What Are the Benefits and Limitations of Family Law Mediation in a Divorce?
Getting divorced is much more than deciding not to be married any longer. Divorcing spouses must also determine the terms of the divorce. Depending on their unique situation, they may need to address the distribution of marital property and debts, parenting time schedules, parental responsibilities, and spousal maintenance or alimony. If the couple can agree on these issues out of court, they may be able to save themselves time, money, and frustration. Mediation is one method of alternative dispute resolution that many divorcing couples find beneficial; however, it is not sufficient in every case.
Advantages of Divorce Mediation
During mediation, both spouses sit down with a mediator to discuss the unresolved divorce matters. They may negotiate the terms of their property division arrangement, decide who will keep the kids on what days, determine the amount and duration of spousal maintenance, and more. The mediator helps the couple stay focused and explore various solutions and compromises. Using mediation to resolve divorce issues allows you to stay in control of your divorce’s outcome. It may also help parents stay on relatively good terms so that they can build a functioning co-parenting relationship for the sake of their kids. The conversations you have during mediation are also confidential.
Special Concerns for Divorcing Spouses in their 50’s and 60’s
No divorce is without conflict or complication. However, some divorce cases are more complex than others. If you are thinking about divorce and you are over age 50, it is important to consider the unique obstacles you may face. “Gray divorce” or divorce involving older couples often involves unique legal and financial issues that divorcing couples in their 20’s or 30’s may not face. Consequently, it is highly recommended for older spouses to work with an experienced divorce lawyer versed in gray divorce issues.
Divorce and Your Retirement
One of the top concerns during a gray divorce is how the divorce will affect retirement. Many people wonder if they will be forced to share their hard-earned retirement with their spouses during divorce. They fear that they will be forced to take out funds early and suffer the associated withdrawal penalties or delay their retirement. Divorcing individuals who were homemakers or stay-at-home parents worry about how they will make ends meet during their golden years and whether they will have access to their spouse’s retirement benefits.
Terrifying Dash Cam Video Emphasizes Dangers of Semi-Truck Crashes
Severe and fatal truck crashes can happen in the blink of an eye. Few videos demonstrate the immediate chaos of a semi-truck crash better than a recent video of a fatal Illinois truck accident. The video shows the semi-truck careen into oncoming traffic before bursting into flames. Sadly, the October 5, 2021 accident left the 34-year-old truck driver with fatal injuries. Paramedics pronounced the driver dead at the accident scene. Truck crashes like these are not uncommon in Illinois and victims are often left with gruesome injuries that require long-term medical treatment.
Truck Accident Liability Is Not Always Clear
Crashes involving large commercial trucks can be caused by any number of factors. Sometimes the truck itself is the underlying cause of the accident. Trucks that have not been properly serviced may contain weaknesses that make an accident inevitable. Manufacturing or design defects in the truck’s tires, steering mechanism, brakes, or other truck parts can also cause preventable truck crashes.
What Factors Influence the Amount and Duration of Spousal Maintenance Payments in Illinois?
Spousal maintenance, spousal support, and alimony are all terms used to describe financial support that one spouse pays to the other after a divorce. Traditionally, spousal support was paid by husbands to wives. However, Illinois law now treats women and men the same with regard to spousal maintenance entitlement. If you are getting divorced, you may have questions about how much spousal maintenance payments will be and how long these payments last. The amount and duration of spousal maintenance vary from case to case, but there are general rules that apply to all divorce cases in Illinois.
How Much Money Does a Spouse Receive?
A spouse may be entitled to maintenance payments if the couple agrees to maintenance in a valid prenuptial or postnuptial agreement or during the divorce process, or if the court awards maintenance based on the spouses’ financial circumstances. If the payment amount is decided by the court, a statutory formula is typically used to determine maintenance. A quarter of the recipient spouse’s annual net income is subtracted from a third of the paying spouse’s annual net income to determine the amount of maintenance. In some cases, Illinois courts deviate from this rule; however, this is usually how maintenance is calculated.
Accounting for Holidays and School Breaks in Your Illinois Parenting Plan
It may be hard to believe, but Christmas is just a few months away. If you are a parent who plans to divorce or has already started the divorce process, it is important to consider how you will account for holidays in your parenting plan. Where a child will spend Thanksgiving, Christmas, Hanukkah, Easter, and other holidays is often a major point of contention. Many parents have strong feelings about who their child should spend these special days with. Holidays can also present co-parenting challenges because of the disruption in school and childcare routines.
Parenting Time Schedules in Your Illinois Parenting Plan
Although we still use the words “custody” and “visitation” informally to refer to parenting matters in a divorce, Illinois laws no longer use these words to refer to child custody matters. Instead, parents decide on an allocation of parental responsibilities, or decision-making authority, and parenting time, or time spent caring for the child.
Business Valuation And Division After Divorce
Equitable distribution states, such as Illinois, courts equitably divide assets and debts during divorce. The assets and debts are considered the couple’s marital property, and the division of such property can be complex. Businesses may also fall under the umbrella of marital property. The two parties will have to appropriately divide the interest they share in the business, often requiring the assistance of expert witnesses to value the business’s assets effectively
Businesses Can Be Considered Marital Assets
Businesses will automatically be considered marital property if the spouses are co-owners. However, there are several additional ways in which a business may be deemed marital property. For instance, if the business was formed after the two parties married, it will likely be considered marital property. Alternatively, when businesses are formed prior to marriage, they likely will not be included in marital property. An exception to this would be if the other spouse made direct or indirect contributions to the business throughout the marriage
Illinois’s Negligence Law: Modified Comparative Fault
Suffering injuries from an accident can have a devastating impact on your livelihood. Whether the accident involves a car crash, a slip and fall, or another incident, unexpected injuries can have profound financial and non-financial consequences. Pursuing a personal injury claim greatly focuses on negligence and holding the at-fault party accountable. However, when both involved parties share the responsibility, the case can become complex. Illinois follows a legal doctrine called comparative negligence in shared-fault accidents. The laws regarding comparative negligence should be thoroughly considered when pursuing a personal injury claim in Illinois.
Understanding Comparative Negligence
One of the most conflicting tasks after a traffic accident is determining who was responsible for the crash. In some cases, the fault is very obvious, however, when it is not as apparent, it can complicate the accident further. The concept of comparative fault, or comparative negligence, comes into play when both parties involved share the responsibility for the accident, specifically when people or property is damaged as a result.
How Do Divorcing Spouses Receive Alimony in Illinois?
Alimony, technically called “spousal maintenance” in Illinois law, refers to financial support that one spouse pays the other spouse after a divorce. Temporary spousal maintenance orders called “temporary relief orders” may also be issued if a spouse requires financial support while the divorce is ongoing. Spousal maintenance or spousal support is an important source of financial assistance, especially for stay-at-home parents and spouses who have been out of the workforce for several years. There are three main legal avenues through which spousal maintenance is awarded in Illinois.
Prenuptial or Postnuptial Agreements
A prenuptial agreement is a legally binding contract that spouses agree to before getting married. Prenuptial agreements, or “prenups,” address important financial concerns if a married couple divorces or a spouse passes away. Through a prenup, a couple can agree to a spousal maintenance arrangement in advance. This can save a great deal of time and stress during a future divorce. A postnuptial agreement is very similar to a prenup, but the couple drafts the agreement after they are already married.
How a Dissipation Claim Can Help You Recover Wasted Assets in an Illinois Divorce
The financial impact of divorce can be profound. Divorced spouses may be left carrying a heavy financial burden months or years after the split. In some cases, spouses are not even aware of their financial circumstances until they reach the end of their marriage. They may start readying financial documents in preparation for divorce only to find that their spouse has squandered funds, sold property, or otherwise wasted assets unbeknownst to them. In other cases, a spouse’s financial recklessness is the main catalyst for the divorce.
Regardless of the exact circumstances, if your spouse has wasted money or property and you are getting divorced, you may be able to recover some or all of this property through a dissipation claim.
What is the Purpose of a Dissipation of Assets Claim?
A dissipation of assets claim is a legal claim used to pursue reimbursement for property that was wasted before the divorce. If your claim is successful, your spouse will be required to reimburse the marital estate for the funds that were lost to dissipation. You would then be entitled to an equitable share of that property per Illinois’s equitable distribution laws.
