Tag Archives: DuPage County divorce attorney

5 Reasons You May Want to Postpone Divorce if You Are Pregnant

DuPage County divorce attorney pregnancy child custodyThere are plenty of legal challenges involved in getting a divorce while pregnant. However, those complications are not the only reasons to give careful thought to whether you want to end your marriage. You are likely to face a variety of emotional and psychological concerns, and you will want to weigh your options to determine the best choice for you and your family. Here is a closer look at some of the reasons you may choose to postpone or cancel divorce if you are pregnant:

Reasons Not to Divorce While Pregnant

While there are a wide variety of reasons you may believe that your marriage is beyond repair, it is often best to avoid hasty decisions, especially when you are about to experience a life-changing event upon the birth of your child. Here are some of the more significant and prevalent examples of why you should think long and hard before beginning the divorce process while you are pregnant:

  1. Do Not Rush Into Anything—You might be overwhelmed and stressed because of your pregnancy, and perhaps your marital troubles did not begin until after you became pregnant. Pregnancy can alter your perception of things in ways that are much more ephemeral than you might realize. In that sense, you should not make any rash decisions while pregnant, especially if there is even the slightest possibility that you will regret them in the future.

  2. Do Not Go it Alone—Your divorce will end your partnership with your spouse. This means that a once-critical and central component of your support system will not be there for you during your pregnancy. Having a child can be difficult enough even with a partner; going it alone will be even more challenging. Ending your marriage can cause you to miss out on emotional support and maybe even some financial support as well.

  3. One Too Many Major Life Events—Both divorce and the birth of a child are two of the most important major life events you may experience. By pursuing both of them in such quick succession, you run the risk of getting even more overwhelmed and stressed out than you already are.

  4. The Miracle of Life Might Save Your Marriage—It might seem like a cliché, but if there is still a chance that you and your spouse might be able to resolve your differences, the birth of your child could bring you back together and help you build a stronger marriage.

  5. Complicated Divorce Modifications and Child Custody Modifications—If you complete your divorce before your child is born, you may need to have a long and protracted set of discussions after the birth to redefine your child custody agreements and other terms of your divorce. This is another stressor you do not need, especially when you will be caring for a newborn.

Contact a Wheaton, IL Divorce Lawyer

Getting a divorce while pregnant is an important decision that should not be made without careful and thoughtful deliberation. As you give in-depth thought to getting a divorce while being pregnant, you should discuss your options with a knowledgeable DuPage County child custody attorney who can help guide you toward the right decision for you and your family. Call 630-871-1002 for a free consultation with the skilled team at Andrew Cores Family Law Group.

Sources:

https://www.parents.com/parenting/divorce/how-to-handle-a-divorce-while-youre-pregnant/

https://www.marriage.com/advice/divorce/6-reasons-to-rethink-divorce-during-pregnancy/

https://www.huffpost.com/entry/pregnant-and-divorcing_n_4682898

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

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