Category: General Resources

What’s in a Parenting Plan?

If you have minor children, you’re going to have a parenting plan as part of your divorce. However, not all parents understand what a parenting plan is going into their divorce. And, more importantly, not all parents understand what to expect as parenting plans are drafted, finalized, and implemented.

In this article, we explore the basics of all parenting plans, and what you can expect to find in them.

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Don’t Let Short-Term Thinking Impact Your Retirement After Divorce

When you first begin the divorce process, it’s difficult to think about the long-term implications of your decisions. You may want to litigate certain issues, or fight with your spouse over items or issues that, in the future, are inconsequential.

However, divorce is about more than just the money you have sitting in your bank account right now. In fact, your Illinois divorce will affect the money you have not only now, but in the future as well. Nowhere is this more apparent than in your retirement accounts.

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My Spouse Won’t Sign the Divorce Papers – Now What?

There are complications that arise throughout divorce cases. However, few complications arise well before the case even starts. But in a select few cases, there are spouses who refuse to accept the divorce and try to refuse, even if the case appeared to be an uncontested divorce.

Don’t fret: Your spouse’s refusal to sign the papers doesn’t mean your case won’t proceed. Instead, you should focus on strategies both you and your Naperville divorce attorney can use to keep your case on track and without the speed bump your spouse can add to the process by refusing to sign.

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The 3 Biggest Financial Mistakes in Divorce

Most couples encounter two major issues in a divorce: parenting time and financials. Typically, parenting time is resolved well before the end of a case, leaving the property and debt division center stage.

There’s just one problem: the financial issues are what push many cases from settlement to litigation. In fact, the most significant mistakes couples make in negotiating a divorce are almost all related to financial issues. And, when pushed to the limit, financial issues can leave both you and your soon-to-be former spouse in a tough position once your divorce is over.

Read on to learn 3 of the most significant financial mistakes in divorce and what you can do to avoid making the same in your case.

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5 Tips for Testifying at Your Hearing

It’s almost guaranteed that you’ll have to testify at some point in your divorce proceedings.

Most often, this occurs at your final court date, or “prove up.” During this court date, both you and your significant other will stand before the judge and testify to certain facts in your Judgment and Marital Settlement Agreement. Your attorney will ask you questions and, in most instances, you’ll answer either “yes” or “no.”

You may also be required to testify during discovery at a meeting called a deposition or before the judge if there is a hearing in your case on an issue during the divorce proceedings, such as child support or maintenance.

The issue with testifying isn’t that it’s difficult. In fact, the only problem is that most individuals don’t know how to testify because what they know comes from television or other, unrealistic sources.

Read on to learn what testifying in court actually requires and 5 tips to help you relax when it’s your turn to step up to the bench!

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I Don’t Like My Case Outcome: Now What?

Like any case in court, a divorce can be risky. If you don’t settle – meaning you don’t come to an agreement with the other side about issues in the case before trial – you’re leaving it entirely to the judge to decide your fate. And, while a pre-trial conference can give your DuPage County divorce attorney insight as to what a judge will decide on your case, you will never know what can or will happen at trial.

Luckily, you have options following the close of your case to appeal or otherwise try and change a judge’s ruling on certain issues in your case. Unfortunately, not all decisions can be challenged or changed. However, you can file an appeal or a petition to reconsider on a handful of topics.

In this article, we discuss both appeals and other options in greater detail so you know your options following the end of your divorce.

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What Terminates Spousal Support in Illinois?

In almost any divorce, spousal support isn’t designed to last forever. In fact, it’s designed to provide temporary relief to an individual who needs it after a divorce. The key word here is temporary.

Maintenance in Illinois is calculated according to a statutory formula. The formula directs attorneys to take 30 percent of the paying spouse’s gross income and subtract 20 percent of the receiving spouse’s gross income. This total is the amount the paying spouse must provide yearly.

But, what puts an end to maintenance?

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The Dangers of Dissipation and Divorce

Divorce involves the division of joint accounts, joint property, and other assets. This process almost always involves one spouse believing they’re entitled to more than they’re going to receive as part of their final judgment. This often opens the door to something called dissipation.

In this article, we’ll discuss what dissipation is, why you may need to continue sharing resources during the divorce, and how to protect yourself from dissipation during your own divorce.

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Annulment vs. Divorce in Illinois: What You Need to Know

Regardless of why you choose to end your marriage, there are several ways how to do so. Annulment and divorce are two separate options to do so legally, however both function in different ways.

In this article, we’ll explore the various similarities, and differences, between both an annulment and divorce and other legal options you have at the time of separation.

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Why You Should Always Settle in Divorce

The word “settlement” has a bad connotation in the realm of divorce. No spouse wants to “settle” and assumingly take less than what he or she is owed or perhaps even compromise with a spouse that he or she no longer gets along with.

However, the truth of the matter is that settlement should almost always be your goal. After all, litigation is time-consuming, messy, and, more importantly expensive. In fact, most cases that are litigated and go to trial can easily cost upwards of $30,000, $40,000, or even $50,000 or more. And, when you consider those attorney’s fees are coming out of your pocket or the property you’re awarded in the divorce, settlement becomes an even more attractive option.

Money aside, why would anyone want to settle? Below, we explore three of the most common reasons to offer a different perspective on what is typically a contentious process.

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