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Category Archives: Kane County Blog

Kane County divorce attorneyDivorce is considered to be the second-most stress-inducing life event a person can endure. Only losing a spouse through death is more stressful according to the American Institute of Stress. In addition to the emotional difficulty of ending a marriage, divorce can also bring up challenges when it comes to shared property. If you and your soon-to-be-ex-spouse own your home, you will need to decide how that asset will be divided.

Benefits of Keeping the Home

Many divorcing couples struggle with what to do with the family home when they realize their marriage is ending. A large number of couples with children decide to keep the home. They may not want to introduce too many changes to the family at once or do not want school-aged children to have to change schools. When deciding which spouse will stay in the home and which will move out, there are a few factors to consider. Which spouse will have the majority of parental responsibilities (custody)? Does the person keeping the house have the ability to maintain the property adequately? Can one spouse afford the mortgage payment on his or her own? A financial adviser or divorce attorney can help struggling couples understand their options regarding their house.

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b2ap3_thumbnail_hiding-assets-hidden-divorce-finances.jpgWhen a married couple divorces and cannot decide how their property should be divided, the courts must step in to determine the fairest division arrangement. Courts use each spouse’s self-reported financial information like income and debts to make decisions about, child support, spousal maintenance, property division, and more.

Sometimes a divorcing spouse will lie about his or her finances during a divorce. Deceit can make the divorce process much more complicated and drawn out than it would otherwise be. Someone trying to misrepresent their financial circumstances may artificially devalue their income, hide real estate, or transfer funds to unknown accounts. These actions can result in monetary penalties called sanctions among other consequences.

How Do Spouses Misrepresent Their Financial Status?

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Kane County family law attorneysSharing parental responsibilities can be quite complicated for divorced, separated, or unmarried parents. Each parent may have an idea of how he or she thinks the child should be raised, and such ideas often differ—even between reasonable, well-meaning parents. Conflicting ideas about parenting can create confusion for the child, which is why it is so important for parents to work together to develop a parenting plan that clearly determines what role each parent will play in making significant decisions about the child’s life. 

What Are Significant Decisions?

The Illinois Marriage and Dissolution of Marriage Act defines “significant decision-making” as “deciding issues of long-term importance in the life of a child.” The law also provides several considerations that are always considered significant decisions, such as:

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Kane County family law attorneyAn estimated 676,000 American children were victims of abuse and neglect in 2015. Every year, thousands of children suffer emotional, physical, and sexual abuse at the hands of loved ones. Even more astounding, roughly 3.4 million families were investigated by child protective services agencies in 2016. While many of the reports made to child protective services end up being legitimate instances of abuse or neglect, many are not. If you are getting divorced, there are many ways that allegations of child abuse can affect your case.

If You Have Been Accused of Child Abuse

If your soon-to-be-ex-spouse has accused you of abusing a child, there are many ways this can affect the outcome of your divorce. When courts make decisions about the allocation of parental responsibilities and parenting time, (formerly child custody and visitation, respectively) they always put the best interest of the child first and foremost. Allegations of child abuse can lead to the limitation of your time with your children. If your ex has made unfounded accusations against you, it is imperative that you hire an attorney to represent you and protect your rights. An attorney can help you disprove any false allegations of wrongdoing and prevent you from losing parental responsibilities and parenting time of your child.

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Kane County parenting plan lawyersIf you are a parent who has decided to divorce, you are probably worried about how this will affect your children. Fortunately, there are many families who live in separate homes who are able to co-parent effectively and lovingly. If you are currently separated or soon will be, there are some things you should keep in mind when working on a parenting plan or custody agreement.

Who Decides on Parenting Plans?

Ideally, a child has both parents in his or her life. However, if you are getting divorced as a result of domestic violence, abuse, addiction issues, or other dangerous circumstances, it may be best not to share parental responsibilities. For those parents who wish to share the allocation of parental responsibilities, a co-parenting plan will be vital.

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