Tag Archives: divorce and finances

When Should I Consider Legal Separation Instead of Divorce?

Wheaton family law attorney for legal separationIf you and your spouse are having relationship problems, but you are not ready to deal with the challenges and finality that come with a divorce, you might want to consider getting a legal separation. A legal separation can enable you to do many of the same things you can do through divorce, such as determining parental responsibilities, parenting time, temporary spousal support, and child support. However, you will remain legally married to your spouse, and this can provide a number of advantages.

6 Reasons to Get Separated Instead of Divorced

While divorce might seem like the most obvious option for a failing marriage, you may not wish to legally dissolve your marriage. You might choose to pursue a legal separation for one or more of the following reasons:

  1. Financial Concerns—There are many financial benefits to getting a legal separation from your spouse, including:

  • Continuing to intermingle your finances, ensuring that you both have more liquid assets available
  • Waiting long enough to meet the 10-year requirement that will allow one spouse to receive Social Security benefits based on the other spouse’s income and work history
  • Taking advantage of tax benefits by still being able to file joint tax returns as a married couple
  • Keeping military benefits
  1. Health Insurance—Insurance coverage can be one of the biggest expenses for a person. If getting a divorce might put one spouse’s health insurance at risk because they are included in their partner’s coverage, you might want to consider a separation. This will allow both spouses to remain on one spouse’s insurance plan while you are legally married.

  2. Difficult Living Arrangements—In some cases, spouses may still love each other and want to be committed to their family, but they are having trouble living together. A person may need more than a little “alone time;” sometimes, they want to have an entire home to themselves. A separation maintains the benefits and loyalty inherent in marriage without making living together an expectation or requirement.

  3. Staying Together for the Family—Many people think the “ugliness” of a divorce could scar a family unit. By getting legally separated, you and your spouse might be able to spare your children some of the adverse effects of divorce while maintaining a relationship as parents and ensuring your children’s needs will be met.

  4. Not Ready for Divorce—You may not be sure if divorce is the right choice for you and your spouse. A separation could help you test the waters and see if being away from one another is right for you or whether you want to attempt to save your marriage.

  5. Religion—Some religions make it difficult to get a divorce, or they may forbid divorce altogether. A legal separation may allow you to end your relationship with your spouse while avoiding any religious concerns that may come with divorce.

Contact a Wheaton Legal Separation Lawyer

Divorce is not your only option if you are struggling in your marriage. You might want to consider getting a legal separation. The knowledgeable lawyers at Andrew Cores Family Law Group will discuss your options with you and help you figure out the best course of action for your particular circumstances. Call a DuPage County family law attorney at 630-871-1002 for a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

https://www.forbes.com/sites/jefflanders/2012/01/10/legal-separation-or-divorce-which-is-better-financially/#5bb1990a5ccf

https://www.nytimes.com/2010/08/01/fashion/01Undivorced.html

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

 

What Is a Financial Restraining Order in an Illinois Divorce?

DuPage County divorce lawyer for asset protectionArguments over finances can be one of the major causes of a divorce. One spouse might be a saver, and the other spouse might be a spender. Over the course of a marriage, this can lead to a great deal of conflict and ultimately ruin the relationship. If you think your spouse is acting irresponsibly through excessive spending or damaging marital assets, you can ask the court to issue a financial restraining order. This type of restraining order temporarily freezes some of the marital assets to ensure that they will not be wasted.

What Can a Financial Restraining Order Stop?

A financial restraining order freezes the marital assets for both sides. For example, if your spouse is barred from selling off any marital property, you will also be prohibited from selling off any of the property, unless you receive permission from the court. A typical order lasts 10-30 days, but it can be extended as long as necessary in order to protect the marital property, such as until the court issues a final order to divide the property.

A financial restraining order can often forbid other activities, such as:

  • Closing any accounts.

  • Changing the beneficiaries on any accounts.

  • Limiting a spouse’s access to marital accounts.

It is important to note that not every type of financial activity can be stopped by a financial restraining order. Both spouses are permitted to make transactions they would typically make as part of everyday living, such as paying bills, buying necessities such as food and toiletries, paying tuition, etc. The purpose of the order is to protect the marital assets so they can be fairly divided as part of the divorce settlement.

How Do I Obtain a Financial Restraining Order?

To obtain a temporary restraining order against your spouse or ex-spouse, you must prove several things, including:

  • There is a clear right that needs protection.

  • Absence of the order would bring harm to you or your children.

  • There is no other adequate legal means that can help you.

  • You are facing hardship, and your spouse or ex-spouse will not be harmed as a result of the restraining order.

A temporary restraining order can only be issued for 10 days. After 10 days, the court will hold a hearing to determine if a longer restraining order is necessary. Your spouse or ex-spouse should receive notice of this motion, which should be detailed so the judge can properly rule.

A person has the right, upon two days notice, to seek a new hearing on the motion and ask that the injunction/restraining order be removed.

Contact a DuPage County Divorce Attorney

The issue of finances can cause a lot of stress and worry during a divorce. If you believe your spouse is acting inappropriately with your marital assets, you can take legal action. A skilled Wheaton, IL financial restraining order lawyer can guide you through the process of obtaining a financial restraining order. The Andrew Cores Family Law Group has experience in safeguarding marital property for clients who are going through a divorce. To schedule a free consultation, call 630-871-1002 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K501