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IL Asset Division AttorneyYou might think that the Illinois divorce process is over when you receive your divorce decree from the court, a document formally known as a Judgment of Dissolution of Marriage. After all, that document includes an itemized list of all your marital debts and assets, with each item either assigned wholly to one spouse or divided between spouses into percentage shares.

However, your work is not yet over. The divorce decree does not legally transfer the title of major assets like cars and real estate from one person to another, nor does it legally relieve a spouse from liability for marital debts. You must take separate legal steps to ensure that your name is added to or removed from each asset title and debt obligation. This is important to protect your credit rating in the event that your ex fails to stay on top of loan or credit card payments.

Deadlines for Asset Transfers Incident to Divorce

Gifts and asset transfers between married spouses are generally not taxable transactions, even if the asset has risen in value since the time of purchase. However, the same transaction between divorced spouses could be treated as a sale and subject to income tax if there is a gain on the sale.

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Posted on in Divorce

Joliet parenting time lawyer divorce child custodyWhen beginning the divorce process, it can be easy to get swept up in the societal expectations regarding how parents will raise their children together after separating. However, it is important for parents to understand how the law applies to their situation and use this information to address issues related to their children.

In Illinois, child custody is referred to as the “allocation of parental responsibilities.” In addition, Illinois law uses the term “parenting time” rather than “visitation” to better reflect the fact that both parents should be closely involved in their children’s lives. While attitudes about parents’ roles in raising their children have changed over the past few decades, many myths about how child custody is handled in divorce cases continue to persist. Here are some misconceptions many people have about child custody:

  • Parenting Time Can Be Denied if Child Support Is Not Paid - Child support is implemented to allow children of divorced parents to continue to receive the financial support they would have had if their parents had remained married. In Illinois, child support is determined based on the income earned by both parents. It is important to understand that if your ex-spouse does not pay the child support they owe, this does not mean that you can physically keep their child from them. There are situations in which restricting or eliminating parenting time may be justified, but failure to pay child support is not one of them. Child support is a separate issue from parenting time, and a parent may face consequences if they interfere with parenting time in retaliation for non-payment of child support. 
  • Custody Is Always Given to the Mother - In Illinois, most courts prefer for parents to agree on a joint custody situation, although there are some situations in which sole custody will be granted to one parent. When a custody agreement can be reached, a parenting plan is put into place which states exactly who spends time with the child and when. Decisions about how parenting time is divided will be based on a number of factors, including the child’s needs, the parents’ wishes, and each parent’s history of caring for their children. If sole custody is appropriate, this decision is based on what is best for the child rather than the gender of the parent.
  • Parenting Plan Changes Can Be Made Privately - Life situations change, and as your children get older, their needs will change as well. If you and your ex-spouse get along, it may feel simple enough to create changes to your parenting plan together without the need for involving the court. However, if there is ever a disagreement, the court will follow the original parenting plan rather than any private agreements. When making changes to the parenting plan, parents should always file a custody petition with the court, ensuring that the parenting plan can be legally enforced if it ever becomes necessary to do so. 

Contact a Joliet Child Custody Attorney

When making decisions about the custody of your children, be sure you understand how the law applies to you rather than relying on common knowledge. An experienced Will County divorce attorney can answer your questions and provide you with certainty regarding your parenting plan. Call our office at 815-726-9200 to schedule a free consultation. 

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Posted on in Divorce

Will County divorce ttorneyThere are many reasons why a couple may decide to end their marriage. Despite the negative stereotype of nearly half of all marriages ending in divorce, the rate for first time marriages is actually lower than what is usually portrayed in the media. The likelihood of a couple getting divorced depends on many factors, such as age, the length of the relationship, and the number of times a person has been married before, but the total percentage of marriages that end in divorce is closer to 40% than 50%. 

You may be considering divorcing your spouse because you two do not get along anymore, or because you are ready to move on to a different phase of your life. These are fairly common reasons why couples choose to end there marriage. However, there are other couples whose divorce was anything but ordinary: 

  • Money Hungry - A Californian woman ended her 25 year marriage after winning more than a million dollars playing the lottery. In an effort to keep her winnings for herself, 11 days after winning the money, she filed for divorce. The truth about her divorce filing was not revealed until two years later. Because she refused to disclose the winnings, the $1.3 million was awarded to her ex-husband. 
  • Asset Protection - Only four months after their marriage, a New York man divorced his new bride in secret while visiting the Dominican Republic. They went on to spend 22 happy years as an assumed married couple until the wife found out she was not listed as an owner on the deed to their home. When confronted, the man claimed it was to protect their assets, but she did not see it the same way and decided to legally divorce him in New York. 
  • Physical Deception - Days after their wedding, a man filed for divorce after seeing his 28- year-old wife without makeup for the first time while they were at the beach. The 34-year-old man claimed to be deceived by the cosmetics his bride applied. 
  • Letting it Go - A couple in Japan separated because of irreconcilable differences about the Disney animated film Frozen. The husband not liking the movie made his wife question who he really was as a person. She claimed anyone who could not understand the magic of the movie was not human. Days later, she moved from their shared residence and filed for divorce.

Contact a Will County Divorce Attorney

Getting a divorce is never simple, but certain circumstances can make the process extra complicated. No matter your reasoning for ending your marriage, an experienced divorce lawyer at Mevorah Law Offices LLC can guide you through the divorce process. Contact a Joliet, IL divorce attorney at 630-932-9100 for a free consultation. 

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Posted on in Divorce

Joliet parenting plan lawyer divorceWhen you and your spouse decide to get a divorce, there are a large number of decisions that need to be made about the various areas of your family’s lives that will be affected by your split. How marital property will be divided is one thing, but perhaps most important is determining how to handle child custody. This can be a time of uncertainty for your children, but a strong parenting plan will help them succeed and ensure that both parents play an active role in their lives after the divorce. 

What Is a Parenting Plan?

A parenting plan is an agreement between parents detailing how their children will be cared for after divorce. This plan is an official part of the divorce decree, and it can help make the transition into post-divorce life as seamless as possible for a child as he or she adjusts to living in two homes and dividing time between parents.

A parenting plan should cover visitation (parenting time) schedules, specify how decisions about the health and well-being of the child will be made, and address any special circumstances that suit your family’s unique needs. Here are some tips for creating a successful parenting plan: 

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Posted on in Divorce

Joliet divorce lawyer parents teensDivorce can be challenging for children of all ages, including teenagers. While younger children may be more open about their feelings, teens tend to be more private and hold in how they feel. The good news is that there are certain strategies that you can use as a parent to help your teen cope with divorce. These strategies include:

Make Adults in Your Teen’s Life Aware of Your Divorce

It can be difficult and embarrassing for teens to have to tell teachers, coaches, and other adults in their lives that their parents are going through a divorce. Therefore, it is wise for you to inform these adults of your divorce so your son or daughter does not have to.

Handle Behavioral Changes Immediately

During and after your divorce, you may notice your teen’s behavior changing. Rather than allowing behavioral changes to escalate and hinder your teen’s everyday life, it is essential to deal with them right away. As soon as your teen displays behavior that is disrespectful or inappropriate, encourage them to discuss their feelings with you and find more positive outlets for their emotions.

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