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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

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

 

How Is Marital Property Divided in Complex Divorces in Illinois?

Wheaton complex lawyer property divisionDivorces can be complicated, even if both spouses agree on many of the issues that must be addressed. In some cases, the marital estate may include significant assets, or spouses may earn large incomes. In these complex divorce cases, couples may need to address high-value assets or property, business valuation, spousal maintenance, and more. The division of property can have a long-term impact on one or both spouses, so this area needs to be addressed carefully. If you are entering the divorce process, it is important to understand your rights and the near-term and long-term impact of the decisions you make.

Marital Assets

The marital estate includes any property that was obtained during the course of your marriage. Illinois is an equitable distribution state, which means that marital property will be divided equitably, but not necessarily equally. In some cases, litigation in court may be necessary to resolve disputes over the division of assets; however, it is often more beneficial if spouses can work together to reach an agreement on these issues outside of court.

High-value assets often include many different types of monetary funds or possessions, such as the following:

  • Retirement plans

  • Real estate

  • Investments, including stocks and bonds

  • Executive bonuses

  • Trusts

  • Checking or savings accounts

Retirement plans may include 401(k)s, IRAs, or pension benefits. The amount contributed or earned by the retirement plan during the marriage is considered a marital asset and thus must be divided between spouses. In Illinois, a Qualified Domestic Relations Order (QDRO) is typically used to divide retirement accounts between divorcing spouses, and this allows funds to be withdrawn or transferred while avoiding the need to pay penalties or taxes. However, a QDRO is not needed for IRAs, and retirement plans governed by the Illinois Pension Code require a Qualified Illinois Domestic Relations Order (QILDRO).

If a couple owns a business together, this can further complicate matters. Determining the value of the business is essential to ensure a fair distribution of assets. In order to protect family businesses and professional practices, it is important to consider the options for dividing business assets while keeping a business intact. Spouses should also be aware of the tax consequences involved in dividing these assets to ensure that they are prepared for financial success after the divorce has been completed.

Another issue that can arise in a complex divorce case is the possibility that a spouse is attempting to hide assets to avoid dividing them with their former partner. The penalties for hiding assets during divorce can range from a settlement that awards a much greater amount of the marital assets to the other spouse to the offending spouse being held in contempt of court and facing criminal charges for fraud or perjury.

Contact a DuPage County Complex Divorce Attorney

Divorce proceedings can be complicated for any couple. However, the divorce process is likely to be even more complex when a lot of different types of assets are involved, especially those with a high value. At the Andrew Cores Family Law Group, our attorneys are experienced in negotiating and resolving many different types of divorces disputes, including those involving marital property. Regardless of your individual situation, we can help you reach a fair settlement and ensure that your financial interests are protected. To schedule a free consultation, call a knowledgeable Wheaton high asset divorce lawyer today at 630-871-1002.

Sources:

https://19thcircuitcourt.state.il.us/2130/Dissolution-of-MarriageDivorce

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