Posted on September 11,2024 in Collaborative Law

Collaborative divorce can be a more amicable option for divorcing couples. It avoids a trial while allowing a couple to retain control over the decision-making. The collaborative divorce process begins with a conversation between the spouses to ensure both parties are willing to work together.  

If either party is unwilling to work cooperatively, a collaborative divorce is not the right choice for you and your spouse. Yet when a judge must make decisions regarding asset division, allocation of parental responsibilities, and spousal support, the outcome may not be one that either spouse is happy with.

Courts encourage couples to work together to resolve divorce disputes outside of court, and collaborative divorce can be one of the best ways to do this.  While there are many benefits associated with collaborative divorce, the process is not for everyone. Perhaps the most common reason a collaborative divorce does not work for a couple is mistrust.

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 Posted on September 05,2024 in Child Custody

The allocation of parental responsibilities during a divorce is often one of the most contentious, stressful parts of the process. Both parents may want more time with the child, or they may be unable to put together a parenting plan that works for all those involved. The family court standard is in the best interests of the child, and while parents want what is best for their child, they may be unable to be objective about what that looks like. Child custody evaluations may be ordered, or one parent may request an evaluation.

These custody evaluations can play a pivotal role in custody decisions as courts generally give them considerable weight. If a custody evaluation is a part of your allocation of parental responsibilities, it can be extremely helpful to speak to an experienced Wheaton, IL child custody attorney from Andrew Cores Family Law Group. Attorney Andrew Cores is currently a Fellow for the Collaborative Law Institute of Illinois and will zealously work on your behalf to ensure the best outcome possible.

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 Posted on August 29,2024 in Child Custody

The 2020 pandemic brought an entirely new issue to the forefront: whether to vaccinate children against COVID-19. Parents already face plenty of tough issues when allocating parental responsibilities, and "to vax or not to vax" has been added to the list. Although "anti-vaxxer" parents have become more prevalent over the past couple of decades, the COVID-19 vaccine caused many parents to draw a firm line in the sand. A 2023 study found that COVID-19 vaccination rates remain low in children and adolescents years later.

Parents who received the vaccination themselves are five times more likely to ensure their children also received the COVID vaccination. It is not just the COVID-19 vaccination that parents are refusing; routine vaccinations for children declined nationwide during the pandemic – and never rebounded. During the decade before the pandemic, vaccine rates for children held steady at a bit more than 95 percent. In 2024, that rate was between 92 and 93 percent, and it continues to fall.  

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 Posted on August 26,2024 in Divorce

Couples who have decided to divorce may want to get the process over and done with as quickly as possible. A quick resolution is the goal, especially for spouses who can barely sit in the same room. It can be difficult to choose between negotiated divorces that may include collaborative divorce law or mediation or a litigated divorce that ends in a courtroom.

Litigated divorces tend to be much more contentious than divorces that implement negotiation. Even so, there are some situations where a divorce is absolutely going to end up in front of a judge, regardless of whether negotiating tactics are attempted. Whether you and your spouse choose negotiation or litigation – or it chooses you, as is often the case – you can benefit from having an experienced Wheaton, IL divorce lawyer from Andrew Cores Family Law Group by your side.

What Types of Negotiation Might You Consider During Your Divorce?

Divorce issues can usually be settled more quickly when a negotiated approach is taken. A trial can often push the divorce out so that it takes at least a year or more to complete, thanks to significant waiting periods between each court appearance.

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 Posted on August 21,2024 in Divorce and Taxes

Unfortunately, many people do not realize they have made serious tax missteps during their divorce until after the divorce is over.  Every extra dollar you pay in federal or state taxes and capital gains taxes is money your family will not have.  Determining tax implications to ensure you do not have to pay more than you must is essential. Divorce is emotionally draining and difficult for all those involved, even under the best of circumstances.

Taxes are likely the very last thing you are thinking about right now, yet at some point, taxes owed could become a significant financial burden.  The time to consider how to protect against an unexpectedly heavy tax burden is during the divorce. Speak to a knowledgeable Wheaton, IL divorce attorney from Andrew Cores Family Law Group, who can help you arrange your finances in the most tax-advantageous way possible.

Does the Timing of a Divorce Matter for Tax Purposes?

Most people considering a divorce do not think about which month to file to minimize taxes. Each spouse's specific financial situation will help determine what issues to consider when filing for divorce. Perhaps it will not make much of a difference either way, but it is important to remember that marital status as of December 31st determines how taxes are filed.

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 Posted on August 15,2024 in Division of Assets

Statistics indicate that divorce among business owners is between 43 and 48 percent, although that number increases when spouses own separate businesses. Since the divorce rate is hovering at around 42 percent across the nation right now, those numbers indicate that business owners may be slightly more likely to divorce. Divorce is difficult under most circumstances, but it can certainly be more problematic when complex issues are involved.

When a couple owns a business together and then decides to divorce, the decision of whether to continue operating the business together, split it, or sell it can add another layer of complexity to an already tense situation. If the business is important to both spouses on a financial and even emotional level, it can be tough to decide how to proceed.

If you are considering divorce and you and your spouse have a thriving business together, it is essential that you speak to a knowledgeable divorce lawyer with experience in business valuation and division. When you choose a Wheaton, IL complex asset divorce attorney from Andrew Cores Family Law Group, you have taken an important first step toward a positive resolution.

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 Posted on August 09,2024 in Child Custody

Once the allocation of parental responsibility is addressed during the custody portion of an Illinois divorce, a parenting plan must be created and agreed upon by both parties. While some parenting agreements are very basic, others are much more specific and unique. Your parenting plan can be as simple or complex as you want it to be, so long as it fits your family's needs and the judge finds it to be in the best interests of the child.

Whether the issue concerns discipline, religious upbringing, dietary choices, or participation in sports or high-risk activities, all must be settled and put into a parenting plan. Family law issues are often emotional, so having a highly skilled Wheaton, IL, child custody attorney as your advocate can help determine a mutually acceptable outcome.  

What is a Parenting Plan?

In Illinois, a document detailing who will make decisions for a child and how those decisions will be made is often prepared during the allocation of parental responsibilities. A parenting plan must include where the child will primarily live, the time the child will spend with each parent, how pick-ups and drop-offs will be handled, and how each parent will acquire information and records about the child. Each parent must file a parenting plan within 120 days of asking the court to allocate parental responsibilities.

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 Posted on August 05,2024 in Divorce

No-fault divorce—first legalized by California Governor Ronald Reagan in 1969—is now an option in all 50 states, with New York being the last state to implement no-fault divorce in 2010. Prior to no-fault divorce, the spouse filing for divorce had to claim a "fault" on the part of their spouse for the divorce to move forward. These fault-based grounds for divorce usually included infidelity, abandonment, mental or physical cruelty, drug or alcohol addiction, bigamy, sterility, neglect, infection with a sexually transmitted disease, and more.

Conservatives have often claimed no-fault divorce is a danger to traditional American family values. In fact, in 2016, House Speaker Mike Johnson claimed no-fault divorce had turned the U.S. into a "completely amoral society." Contrarily, many people—including divorce attorneys—see no-fault divorce as a common-sense path to divorce that reduces some of the burdens on couples and divorce courts.  

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 Posted on July 30,2024 in Prenuptial Agreement in Illinois

Although prenuptial agreements were once considered only for the super-wealthy, today, more and more couples are having them drawn up—especially couples for whom this is not their first marriage. In fact, about half of all U.S. adults say they are open to signing a prenuptial agreement, although only 20 percent of married couples currently have one. Younger couples, in particular, are more likely to have a prenuptial agreement (47 percent).

Since financial issues can be a contentious issue during marriage—and one of the top reasons for divorce—it stands to reason that finances will also be a contentious issue during a divorce. Whether you are considering a prenuptial agreement, are divorcing and have a prenuptial agreement, or believe your prenuptial agreement should be nullified, you need an experienced Wheaton, IL prenuptial agreement lawyer who can help you sort out the details.

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 Posted on July 24,2024 in Child Custody

Child custody issues and the determination of parental responsibilities can be like landmines that parents must navigate to arrive at solutions that are in the best interests of the child. Perhaps you and your ex have come through the child custody issues with a parenting plan you can both live with. Then, out of the blue, your ex informs you they have decided to homeschool your child or children. You may have serious doubts about the advisability of such a decision.

Maybe you do not think your child will receive a well-rounded education in a homeschooling situation, or maybe you doubt your ex’s ability to teach the subjects you feel your child needs to learn. You may be more concerned about the social aspect of homeschooling or the lack of extracurricular activities. Whatever your concerns, this decision may come down to the custody agreement and division of parental responsibilities you have with your ex. An experienced family law attorney from Andrew Cores Family Law Group can answer your questions and guide you through the process of challenging a homeschooling decision by your ex.

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