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Peoria 309-407-3332
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Peoria Family Law Blog

High-asset divorce and estate plan revision

Our blog has covered many of the different concerns that can arise for those who move forward with a high-asset divorce, such as the distribution of marital property and handling divorce as a high-profile individual. However, there are other ways in which the end of your marriage could affect you if you have a high net worth. For example, if you have a trust or a will, you may need to take a second look at your estate plan and make changes due to terminating your marriage. We know that this can be especially hard for people across Illinois, since the end of a marriage can be highly emotional and bring major changes to a person's life. However, planning ahead and closely going over your options could help tremendously.

If you have recently split up with your spouse, it is important to review and revise any estate plan documents that are impacted by the divorce. For example, you may need to remove your spouse from your estate plan, find a new executor, or change the way in which your property is distributed among beneficiaries. By making these changes promptly and ensuring that you have taken the necessary steps to protect your property, you may have a sense of peace and find that moving forward in your life is easier.

Calculation of spousal maintenance in Ilinois

When you get a divorce, one of the questions you may have is if you will have to pay spousal maintenance, or alimony, to your ex. Unlike child support, spousal support is not an automatic obligation. The decision to mandate this payment depends on numerous factors.

In addition, the law has changed recently on the calculation of the amount you would have to pay under a spousal maintenance order. Understanding the law can help you prepare to pay alimony.

Domestic disputes and child custody

When it comes to child custody cases, parents may face a variety of challenges. Some people who are approaching a custody dispute may be unsure of the relevant laws or their rights, while others may have difficulty understanding their options. This can be an incredibly difficult time and, unfortunately, some people experience domestic disputes that are particularly challenging. For example, domestic disputes may arise between two parents who are discussing the idea of filing for a divorce or after custody has been awarded.

Sometimes, domestic disputes turn violent, and these occurrences must be handled properly. The well-being of all parties involved, especially children, should be an immediate priority. However, some domestic disputes do not involve violence but are verbally abusive and incredibly hard to deal with. Either way, parents should try to minimize these problems, if at all possible, and move forward peacefully. It is important to bear in mind that domestic disputes and violence may also have an impact on custody rulings.

Is it harder to work through divorce if you have kids?

When couples decide that the time to end their marriage has arrived, many concerns may be present, from the emotional impact of ending marriage to the financial implications of divorce. Furthermore, some may worry about how their decision to file for divorce will affect their kids, or if it is more difficult for parents to go through a divorce altogether. Although it is important to consider these factors, people should not feel as if they are stuck in an unhealthy marriage.

According to material that was provided by the National Center for Biotechnology Information, there are a number of ways in which going through a divorce can be more challenging for a couple when children are involved. For example, research suggests that the emotional difficulties associated with divorce can be more intense when a couple has kids. Moreover, the social and economic impact of the end of marriage may be more pronounced for couples who have children in comparison to those who do not have kids. However, the NCBI also points out that it is unclear whether or not children can act as moderators, thereby making certain aspects of divorce easier.

Divorce and your reputation

Moving through the process of divorce can be incredibly tough and all sorts of problems may arise, from concerns about your financial future to stress over the way in which custody will be awarded. However, there are additional stressors that some people encounter when they bring their marriage to an end, such as suffering damage to their good reputation. There are a number of reasons why the reputation of those who file for divorce can be damaged, but it is essential for you to stay focused and committed to pursuing a favorable outcome.

Sometimes, divorce can turn spouses against each other, leading to bitter feelings or extreme hostility. In some instances, someone may be so upset with their former partner that they decide to slander the individual on social media or accuse them of things that never happened. This can be damaging to one's reputation, especially for those who have a high profile. However, people should try to keep these challenges from getting in the way of their divorce case.

Custody issues regarding a child with special needs

When married couples decide that the time to bring their marriage to an end has come, all sorts of difficulties may arise, and this is particularly true for those who have kids together. Parents may have to work through various family law matters, such as child support, but determining child custody can be especially emotional and difficult for the entire family. Moreover, there are times when the process of establishing custody can be more complex, such as when a child has special needs.

Sometimes, special needs children have costly medical needs and a parent may have to very careful with respect to a child's diet. One parent may have more familiarity with handling these responsibilities and this could be taken into consideration by the court when decisions regarding custody are made. Ultimately, courts aim to secure an end result that serves a child's best interests, so it is important for parents to take this into account as they approach their divorce.

Getting down to business with equitable property division

These days, it is not unusual for both parties in a marriage to hold down jobs, sometimes quite lucrative jobs. You may be a bookkeeper or physician’s assistant with a slightly better than average income, but your spouse may be a well-paid business consultant or an officer in a large corporation.

How the court handles property division in your upcoming divorce will have much to do with business interests, especially in relation to your spouse’s work.

Can back child support keep one from traveling?

Parents may find themselves in a position where staying current on child support is no longer possible. From a health problem that suddenly appeared to the loss of a job, various challenges can leave a non-custodial parent with serious financial problems. For those who are unable to pay child support, the financial pressures they are facing may interfere with life in other ways, such as the cancellation of travel plans. In fact, a parent who has fallen far enough behind on their child support obligations may not even be able to get a passport in the first place.

The U.S. Department of State points out that when a parent owes at least $2,500 in back child support, their passport eligibility is revoked. By making arrears, a parent in this position may be able to have their name cleared, but it can take a matter of weeks. If you are planning on applying for a passport to leave the country for leisurely travel or business, it is important to avoid becoming delinquent on your child support responsibilities and immediately take steps to address back child support, if you can. Those who have not been able to address this problem may have to miss out on key events in other countries, such as a funeral, business meeting, or wedding.

Other ways a high-asset divorce could affect you

When people think of high-asset divorce, they may picture a contentious courtroom battle or financial concerns brought on by the division of marital property or a child support order. While these are issues that many people have to work through, there are many other ways in which people can be affected by splitting up with their spouse. As a result, if you are in the middle of a family law matter or a high-asset divorce is right around the corner, you should think about all of the ways you could be impacted as you try to prepare.

Sometimes, a person who has children may experience depression, anxiety, or anger following a custody decision. For example, they may not be able to spend as much time with their child, which causes them to be stressed out about their child's well-being or miss them. On the other hand, a even a parent who has been granted custody may be affected if they need to relocate with their child after a divorce, which could bring on an overwhelming amount of uncertainty and stress.

The importance of establishing paternity

Unmarried couples who have a child together in Illinois must establish paternity in order for the father's name to be listed on the birth certificate. There are numerous benefits for both the child and the father once paternity is ascertained, and it is an easy process as long as both partners are in agreement.

According to the Illinois Department of Public Health, the easiest way to establish paternity is to fill out a Voluntary Acknowledgment of Paternity form. This occurs when the biological parents both agree, and are available, to sign the form. A VAP form can be filled out at the hospital at the time of the birth or at a later time.  The other option is to contact the court and have it determine who the biological father of the child is.

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Morton, IL 61550

Toll Free: 888-314-9667
Phone: 309-263-1204
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