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9 Divorce Planning Tips

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Divorce. The mere mention of the term triggers a rollercoaster of negative factors, including a drain on finances and a seemingly unending toll on emotions. The presence of children can make child custody battles exactly that—an important but exhausting fight.

Prepare for an impending divorce so you’re well-equipped with the armaments of combat. Divorce proceedings differ markedly, however, with some divorces being amiable, while others teeter on the brink of war. The type of divorce you will be involved in can determine how smoothly the process will go.

But overall, here’s how to prepare for divorce so there are no dreadful surprises along the way:

  1. Prepare financially
  2. Expect a lengthy process
  3. Seek emotional support
  4. Inventory property
  5. Close joint accounts
  6. Choose your divorce team
  7. Prepare for custody battles
  8. Find a good attorney

1. Prepare Financially

Spouses can expect to spend thousands of dollars on divorce. On average $15,500 covers the cost of attorney’s fees. At the lower end, spouses can get divorced for $1,000. Partners have even been known to spend $100,000 to legally split from their spouses.

The more elements that are involved in the divorce, the higher the cost of the divorce will be. Examples that drive divorce expenses upward include child custody, child support, spousal support or alimony, property division, and reimbursement claims.

Adequately plan to finance your divorce by setting aside a hefty portion of your earnings. Estimate your monthly budget. Cut unnecessary expenses. Ensure you have enough monetary assets to maintain your standard of living through a possibly lengthy divorce.

2. Expect a Lengthy Process

Aside from eating away at your expense, a divorce might draw out for months. The estimated time it takes for a divorce to be completed starts with filing the petition and ends with settling or receiving a court judgment. Battling spouses can fight out a divorce over the course of 11 months on average. When several issues are involved, a divorce is likely to be resolved in 17.6 months. Couples who settled took about nine months to finalize the divorce. Whether your divorce is messy or straightforward, plan to spend time managing your part during the legal process.

3. Seek Emotional Support

A divorce can speed through several emotions, from anger and guilt to frustration and relief. Prepare for this emotional journey by seeking support from friends, a divorce support group or therapists.

Remember that during a divorce, intense emotions can lead to poor decision-making. A circle of positive support can help you maintain a level head and help you approach divorce negotiations with calmness. Find a reliable network to support you through this life-changing event.

4. Inventory Property

Marital property can be identified as personal belongings, heirlooms, real estate, income, tools, jewelry and financial assets. During a divorce, marital property will be divided. Prepare for the division of property by documenting your belongings with digital photos. Photographic evidence of your personal property should be dated to prove ownership.

Keep all evidence of your belongings in a safe place away from your spouse. Examples of places to store evidence of marital property can be at work, a safe deposit box, with friends or family, and electronically. You’ll protect your marital property in the event your spouse attempts to claim that the items are not lawfully yours.

5. Close Joint Accounts

While married, spouses commonly share bank accounts. Open an individual financial account and close any joint accounts as soon as you make the decision to file for divorce. Electronic account statements sent to a new email address will offer you added security and protection from your spouse.

6. Choose Your Divorce Team

Carefully select reliable people to take you through the stressful duration of a divorce. A divorce team might consist of a mediator, judge, financial planner, mental health professional to assess child custody situations and a dependable divorce lawyer.

Navigating a divorce successfully requires the help of others. Trust your team of intelligent and experienced people, who are on your side to help you achieve the best outcome.

7. Prepare for Custody Battles

When you expect custody disputes, prepare well in advance. Show the court how involved you are in your children’s lives. Note who takes the children to appointments and extracurricular activities. The children’s school can provide documentation of who attended parent-teacher conferences.

When relevant, drug evaluations and police reports can demonstrate why a spouse should not have custody of the children.

9. Find a Good Attorney

As a legal process, divorce requires the services of a lawyer. Divorce proceedings may even be accomplished with a mediator. Complicated divorces especially, however, require the expertise of a divorce attorney. Negotiations can be complex, and an experienced lawyer can help you navigate through the paperwork and processes.

Experts recommend interviewing at least three attorneys who are experienced in family law and the specific type of divorce you need before settling on one to represent you. A lawyer who is a good negotiator, who is knowledgeable about the changing laws, and who communicates well is invaluable during divorce proceedings. Plus, an ideal lawyer will educate you on the divorce process and creatively solve arising issues.

A trust or estate lawyer can offer recommendations for reputable divorce lawyers. Local attorneys also can be found via online websites that feature valuable client reviews.

divorce-attorney-Oak Lawn, IL

Berry K. Tucker & Associates, Ltd.

A local divorce attorney is essential to ensure the lawyer is experienced in the judicial system in your area. If you live in the Oak Lawn, IL community and are planning for a divorce, contact the area’s most trusted law firm, Berry K. Tucker & Associates, Ltd.

Our experienced divorce attorneys have successfully worked on cases revolving around spousal support, child support, domestic violence, division of property and numerous other aspects of divorce, like post-decree issues and visitation. The lawyers at Berry K. Tucker & Associates, Ltd. are thoroughly knowledgeable in the various current laws to offer the best solutions possible for each unique case.

Once you are ready and prepared for divorce, you can count on the legal team at Berry K. Tucker & Associates, Ltd. to thoroughly answer any questions you have about the legal process.

How to File for Child Support in Illinois

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Children must be supported by their parents, whether the parents are divorced, separated, or unmarried. In order to allow each child to be adequately supported by parents, states enforce certain laws applicable to child support.

What is Child Support?Mother-Daughter-Smiling-Laughing

Child support goes beyond covering the basics, such as food, clothing and shelter. Rather, the financial support one parent pays to the other covers a range of expenses that allows for the well-being of the child. Examples of how child support may be used include the following: education-related expenses (uniforms, books, tuition fees, tutors), medical costs (medical, dental and vision insurance), childcare expenses, basic entertainment (games, Internet, movies), extracurricular activities (Girl Scouts, summer camp, clubs) and even college expenses in some situations.

How Much Does Child Support Cost?

The amount of child support one parent pays the other is determined by a set of guidelines specific to the state of Illinois. The parent paying child support can expect to pay a percentage of his or her net income. For instance, in Illinois, courts follow a set percentage that increases with the number of children needing support. Non-custodial parents who pay child support in Illinois pay:

  • 20% for one child
  • 28% for two children
  • 32% for three children

This formula is set in place in Illinois; however most other states have updated their guidelines to include the net income of both parents. Illinois law may alter in the future, as well.

Adjustments to Child Support

Adjustments to the above child support formula may be made in the event of a child’s specific educational needs, the child’s financial needs and the physical and emotional condition of the child. A high-earning parent may pay more than the aforementioned guideline, while a parent with low-earning power will pay far less.

Parents will pay child support based on their net income, whether earned or unearned. Examples of income include investments, wages, commissions, and self-employment income. Parents who expect to pay child support can estimate the minimum amount of support expected by filling out the Child Support Obligation form, which is available on the Illinois Department of Healthcare and Family Services Division of Child Support Services.

Department of Healthcare and Family Services

The Department of Healthcare and Family Services handles child support cases in Illinois. The Division of Child Support Services is an Illinois agency that is responsible for numerous child support agencies throughout the state. Any of these nine regional offices offers a locale for parents to travel to in order to file for child support in Illinois.

Illinois is heavily involved in child support cases, with the state establishing paternity, locating a noncustodial parent and enrolling a child in a health insurance program, among other scenarios relevant to the child.

Applying for Child Support

An application for child support services starts the process to obtain child support in Illinois. Keep in mind that going through the Division of Child Support Services only helps a parent receive child support and not custody or visitation rights.

An alternative to filling out an application with the Division of Child Support Services to file for child support is to hire a lawyer. A family law attorney is more expensive than going through the Illinois agency. However, a lawyer can take the child support case to court quicker and better represent you.

Once you fill out the online application for child support, it is necessary to deliver it personally, by mail or via fax. Government agencies establish deadlines for paperwork to be submitted. Be sure to adhere to any and all deadlines provided on your application. Any difficulties that prevent you from submitting the necessary paperwork on time can best be handled by contacting the Department of Healthcare and Family Services. Speak to the staff member and keep a record of the name of the person you spoke with, the date and time of the call, and any relevant notes.

Waiting for Approval

A request for child support is not answered immediately. Even a change in status will take time. Modifications in a current support order can only be achieved with proof of a parent’s change in circumstance.

In Illinois, child support is only permitted to continue until the child turns 18. If the child is still attending high school, the child support will terminate once the child graduates from high school or turns 19, whichever occurs first. Parents with children who are disabled or who are incapable of providing self-support may receive child support beyond the child’s 18th birthday. In Illinois, judges may even extend child support to help a parent with expenses for children attending college.

Family Law Attorneys

When your family will benefit from child support, contact the Oak Lawn area’s most trusted family law firm, Berry K. Tucker & Associates, Ltd. Our lawyers will advocate for you and your child, using legal expertise and over 50 years of combined experience.

Berry K. Tucker & Associates, Ltd.child-custody-oak-lawn

Our attorneys at Berry K. Tucker & Associates, Ltd. investigate and research parental responsibilities, including how much time is spent with the child, who cares for them when the child is sick and who ensures the child is in school. The results from these investigations help our legal team build a strong case and be prepared for all situations that arise. We will help you, as a parent, receive a fair resolution as quickly as possible, allowing you and your child to return to your daily lives.

Laws change rapidly. The family law attorneys at Berry K. Tucker & Associates, Ltd. stay up to date on current Illinois laws and apply them to your case. We are prepared for each hearing, as a result. While fighting for child support can be an uphill battle, the lawyers at Berry K. Tucker & Associates, Ltd. will work with you throughout the process to offer a sense of relief.

We have a wealth of experience fighting fairly for the rights of mothers, fathers, and their children. A consultation is available to parents who are involved in child support cases.

The 4 Main Issues to Settle in a Divorce

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Divorce opens up a range of personal and financial issues. Despite the seemingly endless nuances considered in a divorce case, four issues are considered as most important. The main issues to be settled in a divorce are property division, parental responsibilities, child support and spousal maintenance.

  1. Property DivisionProperty-Division-Divorce

A divorce alters the legal status of properties. Illinois follows an equitable distribution approach, meaning that property is divided fairly—but not necessarily equally—between the divorcing spouses. Instead of a 50/50 split, Illinois courts evaluate several factors in order to come to a decision.

The Illinois judge will take into account the arrangements as detailed in a prenuptial agreement. Each spouse’s health, age, vocational skills, occupation, and employability are also considered. Relevant factors include each spouse’s debts and financial needs. The length of the marriage is examined.

The Illinois courts consider whether or not one spouse is receiving spousal support, any spousal responsibilities from prior marriages (such as child support) and the contributions either spouse made to the acquisition or preservation of the marital property (homemaker contributions are factored in).

If divorcing spouses cannot afford to keep the marital home, the Illinois judge will order the house to be sold as quickly as possible; proceeds from the sale will be divided equitably. A judge might award the home to the custodial parent to provide a stable environment for the children.

  1. Parental ResponsibilitiesMother-Daughter-Smiling-Laughing

Parental responsibility and parenting time are what the Illinois courts now assign (as opposed to sole and joint custody in the years prior to 2016). A judge will step in when divorcing parents are unable to agree on major issues surrounding the children’s upbringing.

When parental responsibilities are allocated, one or both parents make decisions about the children’s healthcare, education, religious upbringing, and extracurricular activities. Effective since 2016, Illinois’ Marriage and Dissolution of Marriage Act defines the extent of decision making between divorcing parents.

For example, in an Illinois divorce, an allocation judgement could allow the children’s father to make all decisions about their education; the mother would make all decisions about the children’s religious upbringing. Decisions about the children’s healthcare could be made jointly by both parents.

Another way Illinois courts could divide parental responsibilities is to give the mother the decision-making power in all even-numbered years and the father in all odd-numbered years. Illinois laws encourage maximum cooperation and involvement from both parents in the upbringing of children.

  1. Child Support

The right to receive child support is a right of the child—not the parents. Consequently, any agreements into which divorcing parents enter must follow guidelines as established by Illinois laws and be approved of by the courts. Both parents are responsible for contributing financially to raising their children.

Prior to 2017, Illinois courts utilized a percentage formula to calculate child support. Since then, an income shares model has been in force. Illinois’ income shares model factors in the incomes of both parents plus how much the parents would have spent on their children if they shared finances.

Illinois judges must follow the state’s approved formula when calculating child support. Deviations from the formula may be made if the calculated amounts do not fully address the children’s needs. Expenses for daycare, private school tuition and healthcare may be added, for instance.

Further examples of reasonable deviations include adding extra child support for children who have special needs or if the parent has extraordinary medical expenses. A high-income parent may pay more than what is outlined in the guidelines, while a low-income parent might pay less.

  1. Spousal MaintenanceDivorce-Attorney-Gavel

Alimony is another term for spousal maintenance, whereby one spouse makes payments to the other during or after divorce. Spousal support is appropriate when one spouse is a high earner and the other is not. The goal of alimony is to maintain the financial situation of both parties after divorce.

Temporary alimony is usually awarded when Illinois divorce cases are pending. The courts evaluate each spouse’s income, whether or not the spouse will pay child support and whether or not either spouse needs financial assistance prior to arriving at a decision regarding spousal maintenance.

Once the divorce is finalized and the judge creates a new order, the temporary support ceases. A spouse may be ordered to permanently support the other spouse, and such scenarios are typically when the spouse is unable to self-support after divorce (due to age, illness, or other conditions).

When deciding alimony, Illinois judges will evaluate several factors. Each spouse’s need for support is key, as is the earning potential of each spouse. The courts will examine how much time the requesting party needs to gain training to become employable. The length of marriage is also considered.

Work with a Divorce AttorneyBerry-K.-Tucker-Personal-Injury-Lawyer-Oak-Lawn-IL

When divorce is imminent, the abovementioned issues will have to be settled. In order to reach your goals in court, you need an experienced and knowledgeable divorce attorney from Berry K. Tucker & Associates, Ltd. on your side. We will help you navigate the complexities of Illinois divorce laws.

The reputable firm of divorce attorneys at Berry K. Tucker & Associates, Ltd. brings over fifty years of combined experience in family law. We have successfully handled cases involving the allocation of parental responsibilities, child support, division of property and spousal support (also known as alimony or maintenance).

Our divorce lawyers will skillfully represent you when post-decree issues arise, including changes to marital status, your child’s needs, and income. Notify us when an ex-spouse does not meet spousal obligations per the divorce decree, and we will work to ensure your needs continue to be met.

Get a Free Consultation

When you seek a strong legal partnership in the Oak Lawn, IL area, consult Berry K. Tucker & Associates, Ltd. at (708) 425-9530.

Our divorce lawyers dedicate time and attention to the details of your case so that you receive maximum benefit in court. If you reside in Oak Lawn, Illinois, and are anticipating a divorce, choose us for competitive representation.

How Are Assets Divided in an Illinois Divorce?

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Approximately 2.2 out of every 1,000 Illinois residents are divorced. When Illinoisans divorce, their marital property is unlikely to be divided equally. With equitable distribution laws, Illinois divorce courts may divide marital assets between spouses 30/70 or 40/60, for instance, but infrequently 50/50.

Illinois is not a community property state. States that uphold community property distribution laws split marital assets 50/50 between spouses, no matter what the circumstances. But in Illinois, court officials decide what is equitable distribution and individual circumstances can sway their decision.

Why Unequal Asset DistributionProperty-Division-Divorce

While seemingly unfair to the spouse who is awarded less, Illinois courts are intent on dividing marital property fairly and justly. Usually, this results in an unequal distribution of assets. The courts’ judgement is affected in large part by the unique situations surrounding the dissolution of the union.

In Illinois, it matters little how malicious one spouse is toward the other. Being a state that recognizes “no-fault” divorce, Illinois courts do not fault one spouse for causing the divorce, such in instances of affairs. This means the judge will not award more marital assets to the victimized spouse.

However, financial misconduct is recognized by Illinois courts and awarded justly. When a spouse wastes a family’s financial reserves on gifts to his mistress, the courts will order the cheating spouse to reimburse the funds to the divorcing spouse, as the money was not used for family benefit.

What is considered marital property?

A married couple may buy a pricey armoire, for instance. During a divorce, this armoire will be awarded to one spouse. It is up to the courts to decide who receives this valuable piece of furniture, because it is considered marital property—an item that was acquired during the marriage.

Clean-Home-Deck-Doors-Open

In Illinois, possessions acquired outside of the marriage, such as before or after, are considered non-marital property. A sapphire necklace inherited by one spouse before the legal union was formed is an example of non-marital property. Illinois divorce courts cannot divide non-marital assets.

Marital property can be combined, making equitable distribution challenging. For instance, one spouse’s wages from the period prior to the marriage may be placed in a joint account with the other spouse. Courts deem the funds as marital property, unless the original funding source can be traced and proven.

Additional instances of commingling include when funds earned prior to the marriage are used to pay for family goods. Illinois courts call this transmutation—a gift toward the union. The judge will not return the funds during a divorce, since the money has been converted to marital property.

Factors influencing Division of Property

In order to arrive at the most just and fair split of marital assets, Illinois courts consider several factors. Judges will look at the length of the marriage, the income earned by either or both spouses during the union and each spouse’s age, education level and health.

Each spouse’s pre-marital property also receives attention. The courts examine the spouses’ contributions to the union and marital estate as well as any dissipations that affect the marital estate. Dissipation is when money is spent for non-marital purposes (lavish spending with intents that the other spouse will pay for it).

1. Length of Marriage

The shorter the length of the marriage, the more likely it is that an Illinois divorce court will award a 50/50 split of marital assets. In longer marriages where there is an income discrepancy, judges typically favor granting the spouse with less earnings a larger portion of the marital property.

Couple-Talking-with-Gavel

Short-term marriages are scrutinized in courts, and for good reason. Illinois divorce and asset distribution laws work to prevent gold-diggers from unscrupulously marrying wealthy individuals in efforts to derive a hefty payout upon a divorce just a day or two after the union.

2. Earning Power

Illinois judges view equal-earning partners as deserving of a 50/50 division. But in a long-term marriage, a homemaker is likely to receive a larger split. The working spouse can continue to earn income after the dissolution of the marriage, while the homemaker has a lesser earning capacity.

Income discrepancies influence a court’s decision to award more or less to the working and non-working spouse. As mentioned above, the ability to earn future income is considered by judges. Just how much a spouse can reasonably earn after the divorce affects the outcome of the property split.

3. Children

Illinois courts consider the well-being of children when dividing marital assets during a divorce. Judges try to keep the kids at the family home or in the same school district. This effort will result in one spouse being awarded the family home as part of the division of marital property.

Work with a Divorce Lawyer for Proper Asset Division

Navigating marital division laws during a divorce is hardly straightforward. Numerous factors are to be presented to the courts to receive the fairest split. An experienced divorce lawyer from Berry K. Tucker & Associates, Ltd. is prepared to discuss your concerns and present your case in the most favorable light.Berry-K.-Tucker-Personal-Injury-Lawyer-Oak-Lawn-IL

The divorce lawyers at Berry K. Tucker & Associates, Ltd. are knowledgeable in all aspects of the continually changing divorce laws in Illinois. In addition to thorough knowledge of current statutes as well as legal expertise, our clients receive over 50 years of combined experience in family law.

We are ready to represent you with issues involving child support, pre-nuptial agreements, spousal support, visitation, post-decree matters and property division.

Our lawyers will help you understand what falls under the category of marital property, which can include stocks, houses, vehicles and pets.

With a legal team of experienced family law attorneys in Oak Lawn, Illinois, the reputable firm of Berry K. Tucker & Associates, Ltd. is prepared to help individuals who are in the midst of a divorce or anticipating one. Our divorce attorneys are ready to guide you every step of the way, answer all questions, present you with your best legal options and support you during the trying process of a divorce.

Contact Us

To receive a free consultation with our divorce attorneys, give us a call at (708) 425-9530.

Every Case is Unique

Contact us for a free consultation.

10610 S Cicero Ave, Suite 6
Oak Lawn, IL 60453

708-425-9530

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