Posted on June 29, 2021 in Divorce

Divorce is stressful. This is such a truism it hardly needs to be said. Between splitting up assets, negotiating with your former partner, taking care of any children, and trying to keep a household and career running smoothly, self-care can fall by the wayside.

Ongoing stress is terrible for our mental and physical health, and people will often suffer from illness or chronic pain after a divorce. Anxiety and depression are also common, as is weight gain or loss, substance abuse, and even heart disease. Here are a few things you can do to help improve your health and reduce stress during a divorce.

Exercise

The benefits of exercise extend beyond physical health. Mental health also improves due to better digestion, heart rate, and hormone regulation. You will feel better all around if you can remember to stay active during your divorce–even if you are exhausted.

Get Enough Sleep

Lack of sleep and overwhelming stress can create a devastating one-two punch on your health. A full 7 to 8 hours of sleep is important, especially when your mind and body are trying to recover from stress. Try to create a daily routine for you and your family, and then stick to it. Schedule sleep and treat it like you would an important work appointment–do not miss it or let scheduling conflicts get in the way.

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 Posted on June 28, 2021 in Asset Division

Once a couple knows their marriage is over, spouses preparing to divorce in Illinois can become very competitive and hostile. One tactic a spouse might employ in an effort to get revenge, pay less future spousal support, or otherwise get the upper hand in the divorce, is to hide assets and sources of income.

This tactic is more common in high asset divorces, when a couple’s financial picture may be complex and one spouse may manage many or most of the assets, leaving the other spouse in the dark. Finding hidden assets and income that one spouse tries to hide from the other may even require the help of a professional with a special set of skills. Here are several things to keep in mind if you think your spouse may be hiding assets.

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 Posted on June 25, 2021 in Property Division

When two people are married, most of the assets they acquire throughout the course of their marriage are considered marital property. During a divorce, a court will determine whether certain assets are considered marital or non-marital.

If an asset is determined not to be marital property, the court has no legal authority to award part of the asset to the non-owner spouse in a divorce. Generally, assets acquired by inheritance, gift, legacy, or descent are not considered marital property in Illinois, but the way an asset is treated after the inheritance may render it marital property.

What is an Inheritance?

Inheritances are monies, properties, or other assets that are given to someone through an estate planning document, like a will, or through intestate succession. If someone inherits an asset while they are married, it is generally considered non-marital property, as long as it is possible to prove that the asset was specifically given to the recipient by the deceased.

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 Posted on June 21, 2021 in Child Custody

Even after a divorce, it is important for parents to maintain their relationships with their children. This usually means that there is still contact with the other parent–even if it is hostile in nature. Sometimes, the relationship between former spouses is so hostile that one spouse will attempt to turn a child against the other spouse in an effort to retaliate against them or get revenge.

In addition to being extremely damaging to the psychological well-being of a child, parental alienation is painful and confusing for the parent towards whom the alienating behavior is directed. A previously happy and content child may suddenly become withdrawn or angry and begin repeating ugly language they learned from the alienating parent.

Although Illinois law conspicuously rejects the term “parental alienation syndrome,” due to its lack of specificity, the law instead has a host of procedures and statutes to inhibit what might be considered parental alienation.

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 Posted on June 21, 2021 in Divorce

When you are in the middle of a divorce, there can be so many things to manage and negotiate that the custody of a pet may not immediately come to mind. However, if you are like most pet owners, your dog or cat is part of your family, and you care deeply about its well-being. You should be sure to understand your options for ensuring that your pet remains in your life after the divorce.

Illinois Law Regarding Pets in a Divorce

In January of 2018, Illinois law changed to treat pets more like children, giving couples the option to share custody of their pets after a divorce. Prior to this law, pets were considered regular property like a house or a car. This meant they would have to be divided up along with all the other assets and given to one spouse or the other. The spouse who was not awarded ownership of a pet had no legal recourse to do anything and was left to deal with their loss.

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 Posted on June 15, 2021 in Divorce

One of the most common but least discussed challenges of divorce is the loss of a shared social group. Adding to the sense of loss from a divorce, friends may pick sides, and precious relationships may be lost.

However, life does go on after divorce, and divorced individuals do make new friends and start meaningful relationships. Adjusting to a new lifestyle may be difficult, but it is important. Here are some tips for building friendships after divorce.

• Go to a place of worship – If you’re religiously inclined (and even if you are not), a house of worship can be a great place to meet people and make new friends. Religious communities will often have organizations designed to help single, divorced, or widowed members meet people within their age group. You can also take part in events like potlucks and holiday celebrations, so you do not have to be alone on days you used to spend with your spouse.

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 Posted on June 10, 2021 in Child Support

Child support can be difficult to negotiate for parents who are no longer in a relationship. Even after a child support plan is put in place, the parent who is responsible for paying child support may purposely or accidentally halt payments. Regardless of the reason for stopping child support payments, the receiving parent and child(ren) are put in a difficult situation when they cannot get the financial support they need. If the paying parent has stopped making payments, you have options to get the child support you need.

Work Directly With the Paying Parent

Try to work things out with the delinquent co-parent. Do not seek to withhold parenting time from the spouse who is delinquent on payments, or otherwise seek revenge. Even if there is an enforceable court order, co-parents may be able to work something out together. If it does come to a court battle, do not jeopardize your case by neglecting your responsibilities under the child visitation order.

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 Posted on June 07, 2021 in Child Custody

All over the U.S., individual states are changing their laws around marijuana use, making it legal at the state level even as it remains illegal under federal law. In Illinois, Governor Pritzker signed the Illinois Cannabis Regulation and Tax Act into law in 2019, changing much about how marijuana is regulated and treated under the law.

Because of this new law, marijuana can no longer be used to discriminate against parents when it comes to custody considerations–with certain limitations. However, stereotypes of marijuana users are still very much a part of society, and bias exists from spouses and judges alike. Here are a few things to consider when wondering whether your or your ex’s marijuana use could impact child custody decisions.

Keep Marijuana Away From Children

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 Posted on June 04, 2021 in Child Support

Parental financial support doesn’t necessarily end when a child turns 18. Although college may not be an option every child pursues, if a child does decide to go to college, divorced and unmarried parents could be responsible under Illinois law for sharing the expense of their child’s continued education. This is considered “non-minor support,” and the law in this regard is complex and less developed than child support for minor children. Typically, college expenses are addressed in a divorce agreement (or parenting agreement, for non-married parents), but as the expenses and expectations of college change rapidly, such an agreement is often left until the child reaches college age.

Considerations in an Order for College-Related Expenses

Here are some of the factors a court will take into account when deciding how parents should contribute to a child’s educational expenses:

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 Posted on May 28, 2021 in Divorce and Finances

When going through a divorce, you may not have future consequences at the top of your list of priorities. Many people either forget about the long-term consequences of divorce or ignore them. Either way, not considering the long-term impact of your decisions can cause more stress in the long run. The downfall for many people going through a divorce occurs during the asset division process. You may be focused on your assets and fighting to get what you believe you deserve in the moment, but it is also necessary to understand the long-term effects of your decisions, including the implications for your taxes after divorce.

Things to Keep in Mind About Taxes During Divorce

When it comes to dividing your property and debts, taxes should also be a part of the equation. Even if tax issues are not an immediate concern, they can impact your overall financial health in the long run. When you go through the asset division process, here are a few things you should take into consideration concerning your tax situation:

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