Posted on April 18, 2016 in Divorce

While every divorce is different, there are common mistakes that many couples make. Sadly, these very same blunders can lead to an unfavorable outcome and, in some instances, may cost you more than either party had ever bargained. Know what they are and how you can best avoid them during your divorce.

Assuming That All Advice is Helpful Advice

Friends and family might mean well, but they are not divorce attorneys or judges. As such, you should be wary of following any advice they give you. Instead, you should direct all questions and concerns to a qualified divorce attorney (one that you hopefully attain to represent you during your case). It also never hurts to ask a second opinion if you fear an attorney may be steering you in the wrong direction.

Not Planning for Life After the Divorce

Stress and the financial impact of a divorce often makes even the savviest of individuals a little short-term-minded. Unfortunately, such a mistake can be detrimental to your future financial well-being. As such, it is critical that you take the time to create a financial plan. If necessary, or if you simply cannot focus long enough or well enough to create it yourself, find an accountant or financial advisor to help.

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 Posted on April 13, 2016 in Divorce

Couples do not get married with the intent of eventually filing for divorce, yet it happens to approximately 2,000 couples per year. A psychologist at the University of Washington and founder of the Gottman Institute says he and a colleague at the University of California at Berkeley can predict which ones it might happen to with an accuracy of about 93 percent. They reportedly did so by identifying four behaviors commonly found in the relationships of divorcing couples.

Contempt

Deemed the "kiss of death" by the study authors, contempt is a mixture of anger and disgust that goes well beyond that of frustration or negativity; you literally see your partner as beneath you, rather than your equal, and this can lead to all kinds of problems. Instead of feeling compassion or empathy when your partner makes a mistake, you close yourself off and consider yourself smarter, more sensitive than, or just outright better than your partner. And, because you have already decided that your spouse's opinions and feelings are not valid, you are highly unlikely to even attempt to see matters from his or her point of view.

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 Posted on April 11, 2016 in Divorce

The divorce process is not an easy one; all-encompassing and emotionally draining, it can upheave almost every aspect of the lives of all involved. However, changes do not end simply because the divorce is finalized. In fact, there are quite a few critical alterations that must be made shortly after, preferably as soon as the ink on the decree is dry. Failure to do so can have a significant impact on your future and the future of your children. Avoid this all too common pitfall by knowing what you should change (and why) immediately after your divorce.

Life Insurance Policies and Retirement Accounts

In most circumstances, spouses are listed as the primary beneficiary on life insurance policies and retirement accounts. This remains in effect until you actually make changes. In other words, if you fail to update this document and end up passing away, your ex-spouse will be the one to receive your benefits, not the beneficiaries you may have intended. Note, however, that all changes should reflect the terms outlined in your divorce.

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 Posted on April 07, 2016 in Child Custody

As more and more schools move to a schedule that is year-round, your children may have a longer school vacation for their spring break. Whether their break stretches only for one week or two or more weeks, parents who work need to plan well in advance in order to provide care for the children during their times off from school.

Since these breaks are not always consistent dates from year to year, it is essential that you start planning as soon as you receive the new school year's spring break dates, which is typically at the beginning of the school year. By working with your child's other parent and sharing important information, such as spring break dates, you can hopefully work out a schedule that is beneficial for your child, as well as acceptable for both parties involved.

Check Your Parenting Plan for Guidance

Many court-approved parenting plans contain very specific provisions about spring break and other school holidays, in terms of which parent the children are to spend time with while out of school. However, these parenting plans do not always take into account parents' work schedules, children's sports and activities, and other issues that might affect the children's ability to be one place or another.

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 Posted on April 04, 2016 in Child Support

It is often believed that child support payments automatically end once a child becomes a legal adult, which is widely known to occur at 18 years of age. However, that is not the truth in every situation. There are several occasions in which child support payments would not stop.

The time in which payments end will depends partially on the age of the child. However, more precisely, ending child support payments depend on each individual child's circumstance.

Standard Child Support Age

Every state has its own set of laws and regulations to determine when child support should end. Illinois is no different. As per Illinois guidelines, once a child support order is sent, a termination date must be specified. This date is said to be no earlier than the day the child turns 18 years of age. Typically, judges do set set the termination date to be on the 18th birthday of the minor in question. However, there is an additional clause that says that if the child does not graduate high school by his or her 18th birthday, then the child support order will be set to end on the child's 19th birthday.

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 Posted on April 01, 2016 in Mediation

Whether you are just now becoming acquainted with the term mediation as you enter the divorce process or you have heard stories about it from family or friends, there is one thing you should know: mediation can be a productive, effective tool for problem resolution. Not everyone agrees on everything when filing for a divorce, and the primary purpose of mediation in family law is to allow both parties a platform in which they can present their thoughts, requests, and concerns before a professional in order to establish fair, mutual agreements.

Compromise

Mediation is all about negotiation. Whether you and your spouse disagree on parenting time (visitation) or who will be responsible for a certain debt, a Mediator's goal is to help you both reach some sort of compromise through civil, clearly communicated negotiations. You and your spouse will discuss any disagreements with a mediator until you reach an agreement, and then submit that an agreement to a judge. Should you still be unable to agree on certain issues, the judge can choose to send you back to mediation until you have worked out a resolution.

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 Posted on March 22, 2016 in Divorce

One of the most complicated parts of a divorce can be trying to understand all of the different tax consequences a given course of action could cause. You need a knowledgeable lawyer on your side to help you make informed decisions that could impact your finances and your tax bill for years to come.

Do You File Jointly or Separately?

If you are in the middle of a divorce, then you and your spouse need to decide the best way to file taxes. If you were still legally married through December 31 of the most recent tax year, filing a joint tax return may be most beneficial. However, you should discuss the issue with your lawyer or tax professional.

What About a Refund?

Tax refunds are technically marital property in most situations. This means that the two of you will need to come to an agreement on how to split the refund or deposit the refund in a trust account until the court has decided how the refund should be divided.

Unallocated Payments

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 Posted on March 17, 2016 in Mediation

Not every family law case has to be resolved by a judge. Even cases where the two sides are far apart can sometimes be settled through mediation. Mediation gives both sides more control over the outcome of their case and also allows the disagreement to be resolved efficiently and with sensitivity. However, to have the best chance at a successful mediation, you must be prepared.

Understanding Your Case

Before you can get what you are hoping for out of mediation, you need to understand the strengths and weaknesses of your case. With the help of your lawyer you can develop a strategy that highlights the strengths of your case and downplays any weaknesses. While mediation is about building consensus, it is also about helping both sides know where they stand if the case should go to trial.

Having Realistic Goals

You need to have realistic expectations of mediation. You are not likely to get everything you want out of mediation. You also are not likely to get everything you want at trial. You need to have a frank conversation with your lawyer about what is important to you. Your lawyer can help you determine what is a reasonable expectation given the facts of your case.

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 Posted on March 15, 2016 in Family Law

Feeling disappointed and angry due to the decision of a family law judge is a common reaction. Family law cases are complex and it is difficult to strike a balance between the two sides. Moreover, many people's initial reactions are to file an appeal. However, before you decide to spend the time, effort, and money on an appeal, you need to get the answers to a few questions.

Is Your Case a Good Candidate for an Appeal?

Simply not liking the results of a family law case is not a reason to file an appeal. There must be some type of legal error that affected the outcome of your case. For example, if the judge abused his or her discretion, then you may have grounds for an appeal. Appellate courts start with the presumption, in most instances, that the judge in your case made the right decision. It can be difficult to demonstrate that the judge made an error and that the error was not harmless. Still, even having a legal reason to file an appeal is not enough. You should not file an appeal unless your lawyer believes you have a chance at winning.

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 Posted on March 11, 2016 in Divorce

Divorce, like other stressful situations, sometimes brings out the worst in people. However, if you are in a high-conflict divorce, knowing how to handle hostile communications from your spouse can be difficult. Developing a strategy to manage communications with your spouse can help to improve your mental health, provide more stability for your children, and may even help you have a better outcome in your divorce.

Responding Without Escalating

One of the negative consequences of having access to communications technology is that it is easy to send a nasty email, text, or social media message-all without taking the time to think about the consequences. Moreover, when you receive a distasteful message from your spouse, your initial reaction may be to lash out. However, responding with anger often leads to a series of hurtful messages back and forth-messages which may cause a further breakdown in communications and make any issues harder to resolve.

Not every message needs a response. If your spouse sends you a series of personal attacks, your best strategy is to simply ignore the messages and remind yourself that this is one of the reasons why you are getting divorced.

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