What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm

Should I File for Bankruptcy During My Illinois Divorce?

DuPage County divorce lawyer for bankruptcyMoney issues can often cause a marriage to fail if two spouses constantly argue over finances. A divorce in itself can be expensive, and it can add to what was already a significant financial burden. Filing for bankruptcy is one way that allows people struggling with debt to wipe out certain obligations and obtain a fresh start. Bankruptcy is a legal process through which people who cannot repay debts to creditors may seek relief from some or all of their obligations.

Chapter 7 and Chapter 13 are the two main types of bankruptcy people typically file. Each offers different benefits, but it is important to know that while bankruptcy can stop most collection actions against someone, it does not eliminate all types of debt. Choosing the option that is best for your situation depends on several factors, including income, property, and future goals after a divorce.

Filing Bankruptcy Before a Divorce

In many cases, people who are going through a divorce are not sure when the best time is to file for bankruptcy: before or after the divorce. Every divorce is unique, so it is best to seek professional legal help. However, there are several benefits to filing for bankruptcy before filing for divorce, such as the following:

  • Resolving any financial debts ahead of time allows a couple to focus on divorce issues such as division of assets and child custody.

  • Bankruptcy can resolve disputes involving how marital debt will be divided before filing for divorce.

  • If bankruptcy is filed post-divorce, the two parties may need to file separately, resulting in double the costs, time, and effort.

Chapter 7 Versus Chapter 13 Bankruptcy

Chapter 7 and Chapter 13 bankruptcy offer helpful solutions to debt issues. Chapter 7 is mainly for the low-income population, and it may require some assets to be liquidated in order to pay a portion of the debts owed. If a person has enough income to pay at least a portion of their debts, then they may opt for Chapter 13. One benefit of Chapter 13 bankruptcy is that it will stop a foreclosure and require the lender to allow the borrower to make up any outstanding payments over a period of time. In Chapter 13, a person must prove that they have enough income for a repayment plan.

When considering bankruptcy during a divorce, it is important to know that child support and spousal maintenance obligations are exempt from bankruptcy. This means a person will continue to owe these debts in full. When filing for Chapter 13 bankruptcy, these obligations may be incorporated into the debtor’s repayment plan.

Contact a DuPage County Divorce Attorney

If you are considering bankruptcy during or after your divorce, it is important to seek legal counsel to understand the steps you should take to secure a debt-free future. The Andrew Cores Family Law Group understands the complexity of financial issues when ending a marriage. Our knowledgeable Wheaton, IL bankruptcy and divorce lawyers can guide you through the legal process to get you back on your feet. Call our office today at 630-871-1002 to schedule a free consultation.

Sources:

https://money.howstuffworks.com/personal-finance/debt-management/bankruptcy.htm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt.+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8400000

 

How Can I Protect My Credit Score During My Illinois Divorce?

Wheaton divorce attorney for debt issuesGoing through a divorce can be stressful, and it can have a significant emotional and financial toll on your life. You may not necessarily consider how ending your marriage can affect your credit score until you see the effects of a decrease when applying for a loan or credit card.

Your credit score refers to a number that is based on an analysis of your credit information, and this number represents your creditworthiness. That is, your credit score reflects the probability that you will repay a debt or loan, such as a mortgage. According to FICO, which calculates credit scores in the United States, the amount of debt you have makes up 30 percent of your credit score. Therefore, the lower your debt, the higher your credit score. Protecting your credit during your divorce is essential for maintaining a secure financial future.

Tips For Protecting Your Credit

During your divorce, it is important to consider all the ways your finances may be affected. For example, if a joint account from your marriage is left open, your ex-spouse may miss a payment, default on the loan, or add to the balance owed. If both of your names are still on the account, you will be held responsible for the debt, even if you did not use this credit card or bank account.

If you are unable to pay a credit card balance in full, you should pay the minimum amount required, and make sure to do so on time. Try to avoid maxing out your credit cards, as that will put an additional burden on you to pay them off.

In some cases, people who are in the midst of divorce may want to spend money in an attempt to cheer themselves up, or it may be necessary to purchase new items such as furniture for a new home. Even though you might feel like treating yourself, you should rethink the temptation to splurge. You will not want to incur a large amount of debt that you may not be able to afford on one income.

Here are some other helpful tips for safeguarding your credit score during your divorce:

  • Close any joint bank or credit card accounts.

  • Refinance your mortgage or sell your home and divide the proceeds.

  • Keep paying bills on time.

  • Notify creditors/lenders about the divorce.

  • Get monthly statements on any outstanding accounts.

  • Avoid extravagant spending.

  • Use credit cards wisely.

  • Check your credit report regularly.

  • Place a “freeze” on your credit.

If your ex-spouse was ordered to pay certain joint debts in the divorce agreement, and he or she did not meet those obligations, you may want to pay those debts yourself in order to maintain a good credit rating. If necessary, you can go back to court to secure a judgment against your ex for not following the court’s orders.

Contact a Wheaton, IL Divorce Lawyer

Divorce can significantly impact your financial status. Whether it is due to losing the other spouse’s income or having to pay the expenses involved in moving to a new home, you may rack up a lot of debt. The Andrew Cores Family Law Group has handled many types of divorces, including high-asset or complex cases. If you are concerned about how your divorce will affect your credit score, our tenacious DuPage County divorce attorneys will work with you to determine the best way to keep your credit score intact. To schedule a free consultation, call our office at 630-871-1002 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.aarp.org/money/credit-loans-debt/info-12-2012/protect-your-credit-in-divorce.html

http://www.businessdictionary.com/definition/FICO-score.html