Butler Giraudo & Meister
Peoria 309-407-3332
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Peoria Family Law Blog

Bankruptcy and the end of marriage

When a couple calls off their marriage, there are a multitude of legal hurdles that could arise, such as disagreements related to the distribution of marital property or a child custody arrangement. That said, the financial impact of divorce can be significant and many people are unsure of their rights or how the divorce could affect them from a financial standpoint. For example, some people may consider filing for bankruptcy right before a divorce, while others may wonder how their spouse's bankruptcy case could affect the divorce.

Are you worried that your spouse will be able to cancel their marital debts by filing for bankruptcy? If so, it is vital to review the details surrounding their bankruptcy and your divorce. In some cases, people are not able to escape marital debt by filing for bankruptcy during the divorce process. On the other hand, perhaps you have been experiencing financial troubles and have been thinking about filing a bankruptcy petition, in which case it is crucial to thoroughly explore your options before making any decisions.

Are alimony payments deductible?

Divorce can bring up many questions and a host of stressors, whether couples are unsure about how custody will be awarded or have uncertainty about the manner in which marital property will be split between each party. That said, spousal support is an issue that can be particularly stressful for certain people when their marriage comes to an end. Aside from issues related to actually making spousal support payments, you could be wondering how alimony might affect you in other ways. For example, you might want to know if alimony payments can be deducted when working on your taxes or if you are required to count payments you have received as income.

The Internal Revenue Service states that spousal support payments can be deducted by those who have paid alimony to their former spouse. In order for the payments to be eligible for a deduction, a number of criteria must be satisfied. For example, payments cannot be viewed as child support and spouses cannot file a joint tax return, among other stipulations. Moreover, if you have been receiving alimony payments, you should also realize that the IRS requires recipients to report spousal support payments as part of their income.

Protecting yourself against false domestic violence accusations

When it comes to child custody, visitation, and other facets of fathers' rights, there are many issues to consider. For some, untrue domestic violence allegations are extremely problematic and can interfere with their ability to see their children. Moreover, these charges can affect a father's life in many other ways, from creating career-related problems (the loss of a job, difficulty landing a new position) to financial issues and a shattered reputation. If you have been falsely accused of domestic violence and are worried about your future, our firm knows how pivotal it is to take steps to protect yourself.

Unfortunately, there are all sorts of reasons why people may find themselves accused of domestic violence over allegations that are exaggerated or completely false. For example, a former spouse or partner may wish to exact revenge or they could accuse their child's other parent of domestic violence in an attempt to win a custody battle. These allegations can be incredibly difficult for those facing charges to deal with, as well as children. However, it is crucial to take a close look at the various details surrounding your case and take steps to prevent these allegations from damaging your life and reputation further.

5 mistakes to avoid in your high-net-worth divorce

Divorce is a sad, grueling, mind-numbing process for everyone. For those who fall into the high-net-worth category, it can seem interminable and complex to the point of exhaustion. However, an experienced divorce attorney will help you navigate the rough waters.

Here are five mistakes you should avoid as you move toward a new chapter in your life:

Identity theft and high-asset divorce

If you are preparing for the end of your marriage or trying to move forward after a high-asset divorce, you may be facing various challenges. We have covered many of these issues on our blog, such as property division and those involving children (custody, child support, etc.). However, there are additional concerns that may be raised during the process of divorce or some point down the road, which can be especially difficult for those who have significant assets. For example, identity theft can be a serious concern for some people and has created many problems for those who have been through a bitter divorce.

Identity theft can be especially problematic when a former spouse carries out this offense for different reasons. Sometimes, people are upset or hold grudges against their former spouse, while others may be experiencing financial need after splitting up with their marital partner. Often, a spouse has access to critical information, such as someone's date of birth, their mother's maiden name, credit card numbers, their social security number, and other details. From stealing funds from a financial account to opening a credit card in their ex's name, identity theft can be a serious problem for some people who are in the middle of the divorce process or have split up with their spouse some time ago.

Halloween and custody disputes

Whether you are just approaching the process of divorce or have already split up with your spouse, holidays can be tough, especially if you have kids. Moreover, custody disputes and a parent's pursuit of visitation rights can be very emotional for children and both parents. With Halloween and other holidays, a parent who is unable to spend time with his or her child may be particularly upset, which highlights the importance of going over the ins and outs of your case if you are involved in a custody dispute. Our firm understands how complex and emotionally charged these issues can be, but it is important to keep yourself focused on the case and fight for the best interests of your child.

During Halloween, many parents enjoy trick-or-treating and spending time with their children. If you were unable to spend the recent holiday with your child, or are worried that it may be the last Halloween you can enjoy with them, you should carefully review your options. Sometimes, communicating with your child's other parent can be incredibly helpful. Ideally, parents who have brought an end to their marriage can work out an arrangement that is acceptable for both parents and children as well. Unfortunately, this is not always possible and custody disputes can become very contentious.

Seasonal affective disorder and divorce

Many different experiences and conditions can make it harder for people to split up with their spouse, whether they are concerned about the financial effects of ending their marriage, are struggling with a health condition, or do not believe that it is an appropriate time to divorce. However, those who suffer from seasonal affective disorder may experience additional hardships related to their divorce. For example, they may push off divorce because they feel as if they do not have the energy to work through the process or they might experience depression afterward.

If you have seasonal affective disorder, it is important to do what you can to minimize the negative aspects of this condition and try to prevent it from interfering with your divorce or making your life challenging in other ways. For example, you should try to maintain a positive outlook during the divorce process, as hard as that may be. Unfortunately, some people who suffer from SAD may find that the disorder interferes with their ability to present their case appropriately in court, discuss these matters with their children, or handle other divorce-related issues.

Discussing divorce with family members

Those going through a high asset divorce frequently encounter certain difficulties, from concerns about how marital property will be divided to issues involving child support and custody. However, some people may also struggle with talking to their other family members about their decision to end their marriage or a divorce they have found themselves in the middle of. With the holiday season approaching, many families will come together for celebrations and it is especially important for those who are preparing to end their marriage to be ready.

There are different pointers you may want to keep in mind when it comes to divorce and your relatives. First of all, the topic may be unavoidable because your former spouse will not be present, if you have not already informed your family of the divorce. Moreover, your parents, siblings, and other relatives may have questions related to your divorce. For example, they may wonder why you split up, they may disagree with the divorce, or they could ask personal questions that you do not wish to answer. For these reasons, it is crucial to be prepared for any questions you might face. If you have children, you may wish to avoid the topic altogether.

Complex divorce matters may include hidden assets

When a couple with high net worth decides to divorce, determining an equitable division of assets can be a careful procedure.

It is not uncommon for one spouse or the other to attempt to conceal certain assets until the divorce is final. If you suspect your soon-to-be ex is doing this, your attorney may want to gather a team of experts to help investigate the matter.

Establishing paternity in Illinois

Establishing paternity in the state of Illinois is beneficial for both the child and the father. Naming the legal father results in fewer battles or confusion over situations related to finances, health benefits and custody decisions.

According to the Illinois Department of Healthcare and Family Services, some of the benefits to the father are that his name is added to the birth certificate and it protects his rights in regard to numerous issues, such as custody, related to the raising of the child. An important emotional benefit to the child is they know who their father is and have an opportunity to build a relationship with him. Other benefits include:

  • Information about paternal medical history
  • Improved chances of getting medical and financial support
  • Potential access to Social Security benefits
  • Eligibility for inheritance or veteran's benefits
  • I cannot even express in words the level of gratitude that I feel. ‘Thank you’ doesn't seem to be enough. Please know that your services and compassion will never be forgotten! I am forever grateful!

  • Thank you so much for your hard work and expertise. I feel as a father in the state of Illinois that what I am trying to achieve is nearly impossible. I am so glad I chose to have your office full of extremely intelligent women represent me.

  • We would like to say thank you for your expertise, education, and kindness when we met with you! Your confidence has helped to comfort us and give us hope that resolution of the issue is possible.

  • I just wanted to say thank you from the bottom of my heart for all your time, energy, and efforts you put into our case. Thank you for helping make our son's quality of life better. I cannot tell you how happy we are!

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Morton, IL 61550

Toll Free: 888-314-9667
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Toll Free: 888-314-9667
Phone: 309-407-3332
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