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Vernon Hills Illinois Family Law Blog

Parenting after a divorce

Illinois couples who are going through divorces and who have minor children need to recognize that courts are changing how they view the roles of both parents. In the past, women were normally given primary custody of their children while the men were left with limited visitation. Now, however, courts are recognizing the importance of both parents and providing men with more time with their children.

Parents will need to continue to get along for the benefit of the children. Children should never be involved in their parents' disputes with each other, and the parents should refrain from talking badly about the other parent in front of their children or to them.

Changing tax rules for divorce in 2019

The dawn of the new year in 2019 will also mean the introduction of new tax rules that could significantly affect Illinois couples planning on divorce. The end of 2018 will also be the end of alimony tax rules that have remained settled for decades; while the change will not affect couples who have already finalized their divorce, it will apply to everyone who ends their marriage moving forward. Many people are concerned about how the changing treatment of alimony could affect the potential of a divorce settlement.

Under the current rules, spousal support payments are tax-deductible for the payer. In addition, the recipient pays taxes on the alimony at his or her tax bracket, usually representing a lower rate. This leads to significant tax savings for a number of high-income couples going through a divorce. However, this will change; under the 2019 rules, spousal support payments will no longer be deductible for the payer, and the recipient will receive the income tax-free. Many fear that this will make divorce settlements far more difficult to resolve, as a significant incentive for generous alimony has been eliminated.

What can pet parents do during a divorce?

Many couples embrace their role as “pet parents” with the family dog or cat. However, the dynamic can be complicated when the pet parents decide to break up – especially after walking down the aisle.

What can couples do to prevent a messy divorce and keep their furry friend in their life? Couples could agree to draft a prenuptial agreement before getting married, which includes arrangements on pet custody. Or they may have to go through a division in time with the pet after divorce proceedings begin.

How parallel parenting can help prevent conflict after divorce

When parents in Illinois get a divorce, they might know that the ideal is a cooperative, communicative co-parenting relationship. However, despite these good intentions, in some cases, there may simply be too much conflict for this to be successful. Since research has shown that seeing conflict between their parents is usually the most damaging element of divorce for children, parents may still be able to provide a healthy environment of sharing custody and visitation by avoiding direct contact.

This is sometimes known as parallel parenting, and it will require extensive planning in order to make sure that parents do not need to check in with one another regularly. They will still need a way to share information, so they might agree to share calendars or only communicate using email. In contrast, a successful co-parenting relationship usually includes a great deal of communication.

What parents are worried about a child's safety

When parents in Illinois are going through a divorce, one may be worried about the child's safety with the other parent. This was the case for one parent who said the child's mother drank too much. When they separated, she took their 7-year-old son and cut off contact even though the father had been the son's main caregiver his entire life. The father was worried that she would drink and drive with their son in the car.

Courts want to ensure that children are safe, and a parent can get emergency custody if a child is not. However, in some cases, it can be difficult to prove that a child is in danger. For example, a court ruled that a father who drank nightly was not a danger to his children because there was still no evidence that he did so when his children were with him.

Keeping a marital home after divorce

Many people in Illinois who get divorced must decide if they want to keep the marital home. One of the first things to consider is whether or not the home has much equity. If a home was recently purchased, there may be little or no equity. Usually, the spouse who keeps the home buys the other one out by paying them a one-half equity share.

Another thing to consider is whether the home will be likely to need repairs in the next few years. Many people who can barely afford to pay the mortgage on one income will find that unexpected home repairs are too costly. Having a home inspection before the divorced is finalized is a good idea.

Kids can bounce back from parental divorce

When Illinois parents decide to divorce, it is often a step taken after extensive thought and deliberation. Foremost in the mind of many parents is a concern about the emotional and psychological well-being of their kids following a parental divorce. The period surrounding a divorce can be confusing and upsetting for kids, but many children are emotionally resilient. Parents' actions and attitude can make all the difference in achieving a successful outcome for their children during and after a divorce.

Of course, divorce can be a time of significant change and upheaval. Children may move out of the family home, and they may move back and forth between their parents' new residences. They might face changes in their standard of living or access to finances. However, parents can act to bolster children's feelings of security even during a difficult time. Both parents can agree on major parenting issues so that children are treated equally no matter which parent they are with at any given time. Some of these matters include rules about chores or academic goals. Absent abuse or other inappropriate behavior, parents should strive to support each other as well as their children's sense of stability.

The relationship between finances and divorce

Financial issues are one of the main reasons people in Illinois might experience marital discord. A survey by SunTrust Bank found that more than one-third of respondents said money is their main source of conflict in their relationship.

People with higher credit scores and more financial stability are more likely to stay in long-term relationships. Couples who have a large disparity in their credit scores are more vulnerable to divorce than those without this disparity. However, wealth does not necessarily mean that a marriage is more stable. According to one attorney, some wealthy couples may have both a higher income and higher expenditures with very little in savings. In addition, one person may have a high income while the other has a much lower one or might not work outside the home at all. This income discrepancy can create stress in the marriage. Furthermore, the job of a high-earning spouse might require long work hours and travel, and this can strain a relationship. Different types of problems arise when people are in two-income families. Often, men still handle most financial matters, and this could create problems.

Avoid big buys during a divorce

Thousands of personal finance books hit the shelves every year. Almost all of them will advise you, at some point in time, to reduce spending. Often, these are sensible statements, even borderline generic. But what if you have been investing and saving, and you’re ready to make a big purchase? If you’re in the middle of a divorce, there are a few good reasons to wait.

Study examines role of workplace in divorce

People in Illinois who are in opposite-sex marriages and who work in a field that is dominated by the opposite sex may be at a higher risk of divorce than those who work in fields that are more mixed or dominated by their own sex. This was the conclusion of a study that appeared in the journal "Biology Letters" on Sept. 25.

Researchers found a stronger relationship between potential partners in the workplace and divorce for men than they did for women. They also identified two fields where the risk was greatest, the hotel and restaurant industries, as well as two professions with the lowest divorce rate, farming and librarianship.

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Gauthier Family Law

Gauthier Family Law
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