Tag Archives: child support

What Are the Benefits of Filing for Bankruptcy Before Divorce?

Wheaton divorce attorney for bankruptcyIn many cases, finances can be a leading factor in the choice to get a divorce. Married couples might be faced with difficult financial challenges, such as the expenses related to serious health problems or the loss of income resulting from unemployment. If a marriage was already unsteady, or even if it was seemingly going well, disagreements over finances can often be the catalyst for the breakdown of the relationship. Depending on your financial situation as a married couple, you might be considering both divorce and bankruptcy. Since both of these are major life events and significant legal decisions, careful thought must be given to them, and the appropriate time must be chosen to proceed with each.

Reasons to File for Bankruptcy Before Divorce

If you and your spouse are on the same page about your finances, and you share the majority of the debt, filing a joint bankruptcy before beginning the divorce process might be the right move for you. Here are some reasons why you may choose this option:

  • Affordability—The cost of a joint bankruptcy filing and an individual bankruptcy filing are the same. If you two decide to file for bankruptcy separately when you are divorced, the process will be twice as expensive.

  • Paving the Way for a Smoother Divorce—There is a lot of overlap between bankruptcy and divorce proceedings, primarily because they both require an in-depth review of finances. If you plan on filing for Chapter 7 bankruptcy, which can usually be finished in six months or less, this may allow you to resolve the majority of your debt-related issues, making the division of property much simpler.

  • The Possibility of Second Chances—Once you and your spouse receive the debt relief you need, you may realize that debt-related stress was one of the primary causes of marital discord. In that sense, by filing for bankruptcy first, you might be giving your marriage a second chance by granting yourselves extra time, including moments without the stress of crushing debt.

What About Bankruptcy After Divorce?

Overall, there are not as many benefits to filing for bankruptcy after you have completed your divorce. In general, when bankruptcy is filed after a divorce, it is in response to financial issues that occur as a result of the divorce itself. If one spouse is put at a financial disadvantage due to the divorce settlement, they may struggle to meet their needs while making any required support payment and addressing ongoing debts. In these cases, bankruptcy may be necessary to allow a person to discharge debts and receive a fresh start.

Can I File for Bankruptcy During Divorce?

In many cases, if one spouse files for bankruptcy during a divorce proceeding, they are looking to delay the divorce. This is because a bankruptcy causes an automatic stay of all state proceedings, including divorce, essentially freezing any developments on those cases until the bankruptcy is resolved. During your divorce, it is best to communicate with your spouse about your finances and make sure a potential bankruptcy filing will not cause problems during the divorce process.

The Limitations of Bankruptcy

Fortunately, bankruptcy does not put many of the most important terms agreed to through a divorce decree in jeopardy. In particular, obligations to pay child support or spousal maintenance cannot be discharged through bankruptcy. In addition, bankruptcy cannot discharge most tax bills, student loan debt, and some fees resulting from criminal penalties.

Contact a Wheaton, IL Divorce Lawyer

If you and your spouse are facing financial difficulties that are putting stress on your marriage, consider reaching out to a DuPage County bankruptcy and divorce attorney who has the experience and background to provide you with sound advice. Call the Andrew Cores Family Law Group Divorce at 630-871-1002 for a free consultation to discuss your options.

Sources:

https://cdn.ymaws.com/www.dcba.org/resource/resmgr/bankruptcy/1.24.19_bankruptcy_law_hando.pdf

https://www.womansdivorce.com/divorce-and-bankruptcy.html

How Can Pregnancy Affect a Divorce in Illinois?

DuPage County family law attorney divorcing while pregnantMost divorce cases involve a variety of complex issues, but there are some situations that may leave spouses wondering about their rights and how they can protect themselves going forward. One concern that some divorcing couples may face is determining how to proceed when they are expecting a child. Emotional and psychological issues notwithstanding, there are many challenges that may arise when getting a divorce while a spouse is pregnant.

Legal Issues Involved When Divorcing While Pregnant

A spouse’s pregnancy can greatly complicate the divorce process. Some of the issues that may need to be addressed in these cases include:

  • No Simplified Divorce—Although some married couples can get a simplified divorce, this option is not available if the spouses have children together or are expecting a child. This means the divorce proceedings will be more involved, and they may take longer to resolve.

  • Delays—A variety of issues could slow down the divorce process in cases involving pregnancy. For example, the judge may order you and your spouse to wait to finalize your divorce until your child is born to ensure that you will have a better understanding of the requirements for parenting timeallocation of parental responsibilities, and child support. You may also wish to receive a legal separation before continuing with your divorce in order to allow more time for the child’s birth.

  • Paternity—When a child is born to a mother who is married, her husband is presumed to be the child’s legal father. However, if the identity of the child’s biological father is in doubt, the spouses may need to take steps to verify paternity through DNA testing or by having the biological father voluntarily acknowledge paternity. Establishing legal paternity for the child will provide the biological parents with parental rights and allow the child to receive child support from both parents.

  • Greater Likelihood of Divorce Modifications and Child Custody Modifications—One of the benefits of divorce is that it provides a couple with closure by definitively ending their marriage. However, a pregnancy could result in legal issues that may need to be addressed after the divorce has been finalized. For example, once the child is born, the parents might need to update the terms of their divorce decree to address child custody, child support, or other issues.

Contact a DuPage County Child Custody Lawyer

Divorce and childbirth are major life events, and attempting to address them both at the same time can seem overwhelming. However, ending a marriage that has broken down can ensure that your child grows up in a conflict-free environment. If you are planning to dissolve your marriage, and you need to address issues related to pregnancy or children, reach out to aWheaton divorce attorney at 630-871-1002 to discuss your options. The knowledgeable professionals at Andrew Cores Family Law Group will help you understand your options and guide you through the divorce process.

Sources:

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

5 Reasons You May Consider Signing a Postnuptial Agreement

DuPage County postnup lawyerIn a previous blog post, we discussed some reasons that you may want to sign a prenuptial agreement before getting married. But what if you are already married? In these cases, you may consider a postnuptial agreement. However, you may be unsure of when this type of agreement is appropriate. There are some reasons that you may want to consider discussing this type of agreement with your spouse.

Why Should You Sign a Postnuptial Agreement?

Most everyone has heard of a prenup, and these types of agreements have become increasingly more common. However, as their name implies, prenuptial agreements can only be signed before getting married. For those who are already married, a postnuptial agreement can function in a similar fashion, and it can include decisions about a couple’s marriage and their potential divorce. A postnup can address the division of property and debt and the allocation of investments and retirement funds, and it can modify or eliminate a spouse’s right to receive alimony/spousal support.

There are many reasons to sign a postnuptial agreement, and some of them are actually quite surprising. Here is a look at why you might want to sign a postnup:

  1. You Do Not Want Another Stressor Before Marriage—From sending out invitations to arranging the ceremony and reception, there is a lot to do in the days leading up to marriage. While a wedding is a joyous occasion, it can also be one of the most stressful times in someone’s life. Working with your partner and a lawyer to develop plans for a potential divorce through a prenuptial agreement seems like a counterintuitive, unhappy area of focus during this time. Many people avoid prenuptial agreements altogether simply because they are too busy or too stressed out already. A postnuptial agreement can give you time to recuperate from the stress of the wedding itself before discussing the possibility of divorce.

  2. You and Your Spouse Will Have a Better Idea of What to Expect—If you wait until you have spent some time together as husband and wife, the two of you may have a better understanding of your expectations for the rest of your life. You may also have a better understanding of each other, including how you two will work together as a couple, what areas are more important to each of you, and whether you are willing to make certain concessions in specific areas if you get divorced.

  3. Your Financial Situation Has Changed Significantly—Maybe you have started a new business, and your profits are set to exceed expectations, or perhaps a recent investment has shown vast improvement. In the years since you got married, you may now own significant property, such as a house, cars, or a yacht, or you may have received a sizeable inheritance, and you are particularly worried about keeping it. Also, either spouse may have incurred debt or student loans during your marriage that the other spouse does not want to be responsible for. Any number of things could have changed with your finances after marriage, and a postnuptial agreement can address these issues.

  4. You Never Planned on Having Children Together, But Now You Do—When you first got married, you may have both assumed kids were out of the question. You may have felt that a prenup was unnecessary because a divorce would be relatively uncomplicated. However, things can change as time goes by, and you may be planning to have children or have had them already. With kids in the picture, your priorities have likely changed, and a postnuptial agreement may allow you to address some of the financial issues that you are now worried about in the event of a possible divorce.

  5. It Could Save Your Marriage—Probably the most surprising—and increasingly popular—reason to get a postnuptial agreement is that it could help improve a relationship. If both spouses are keenly aware of what they stand to lose if they cannot get their marriage to work, then they will be more motivated to stay together. In fact, some spouses have used a postnuptial agreement as a tool to keep each other dedicated to the fidelity of their marriage.

Contact a Wheaton Postnuptial Agreement Attorney

If you and your spouse did not sign a prenuptial agreement, it is not too late to address your concerns and make decisions about how things would be handled in the case of divorce. To learn more about how a postnuptial agreement can meet your needs, contact a DuPage County family law attorney who can help you two get organized and develop a detailed and comprehensive agreement that will stand up in court and withstand the test of time. Reach out to Andrew Cores Family Law Group at 630-871-1002 today for your complimentary consultation.

Sources:

https://abcnews.go.com/Business/forget-prenup-postnuptial-agreement/story?id=28946039

https://www.forbes.com/sites/heatherlocus/2018/09/23/why-prenuptial-and-postnuptial-agreements-lead-to-stronger-marriages-and-prevent-disastrous-divorces/#5c668a2a6488

https://www.investopedia.com/articles/personal-finance/062915/5-signs-you-need-postnup.asp