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Category - Divorce

Think Twice Before Moving Out During Divorce

Posted on December 21, 2018 in Divorce
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DuPage County Divorce LawyersThe first thought that often comes to mind for many people once divorce becomes a reality is, “Who is moving out?” The idea of staying in the same city, let alone the same house, is typically too overwhelming to bear, and someone decides to leave the residence. Before you pack your bags and head for the door, you may want to reconsider.

Door May Not Reopen When Leaving Home During Divorce

Sometimes the feel, noise, and finality of slamming door are satisfying. The motion brings a physical release and closure to a heated argument loaded with emotion. However, if you walk out that door, you may not be able to get back in, and your ex-spouse then has possession of everything inside.

If you are both in the home and neither of you want to leave, your spouse would have to ask the court to have you removed from the house, which takes time. Usually, with a “stay away” order, a judge only removes an individual if they are found guilty of domestic violence or are in some way endangering their ex and children.

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5 Steps to Take Before Filing for Divorce

Posted on December 05, 2018 in Divorce
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DuPage County divorce attorney credit scoreWhether you and your spouse have discussed the possible end of your marriage in detail or you are silently debating your options, once divorce becomes inevitable, there are several steps you need to take to protect your interests during the divorce process. Before filing, set yourself up for success with these tips:

1. Begin Building Your Credit

Spouses often discover post-divorce that they have built up their spouse’s credit while neglecting their own. Without a good credit score, down payments for utilities and housing are often significantly higher, if you are able to get approved in the first place. Open a credit card now and use it to make small purchases that you can pay off each month. The goal is not to create a pile of debt; it is to prepare yourself for future success.

2. Understand the Family Finances

For property division and support payments, it is imperative to understand what you own and what you owe. Gather important documents like your credit report, paycheck stubs, tax returns, and bank statements. This information will not only help a judge determine whether you are eligible for spousal maintenance to cover your family’s financial needs, but it will also assist you in creating a post-divorce budget.

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How Divorce Can Impact Your Credit

Posted on November 20, 2018 in Divorce
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DuPage County divorce lawyer credit scoreDivorce can cause a great deal of financial upheaval for a family. However, the divorce itself does not have a direct impact on your credit score. The divorce decree does not add or remove points from your existing number, but the financial outcome after the divorce can still play a significant role in what happens to your score. Here is what can go wrong and how to prevent damage to your score:

Responsibility for Joint Debts

Creditors want their money. They do not care if you got a divorce, nor do they care whether a judge proclaimed that one spouse is responsible for the balance on the joint credit card. If your name is on the account as a co-signer, an authorized user, or a joint account holder, you are also financially liable for these debts. The divorce decision does not negate the existing agreement you have with the lender.

Your Credit Score Is on the Line

If you share an account in any way with your ex, old or new, you are also legally responsible for the balance on that account. If the judge gives the responsibility to your ex, and he or she fails to make a payment, the negative marker will end up on your credit score, no matter how far in the past your divorce occurred. Your credit score may also be affected if your ex or someone else with access to a credit card runs up the balance on the account. Negative consequences affect all credit scores associated with an account, yours included.

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Be Aware of These Risk Factors That Often Lead to Divorce

Posted on November 19, 2018 in Divorce
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DuPage County divorce attorneyAlthough ultimately, only you and your spouse know if divorce is right for your situation, relationship experts agree that there are factors that exist that decrease the likelihood of long-term marital success. Just as the presence of risk factors in your physical health does not mean that you will definitely receive a diagnosis, these factors do not mean that your marriage will ultimately result in divorce. The existence of these risk factors only means that you and your spouse will likely need to make a conscious effort to overcome these obstacles, typically through communication and compromise. Some common circumstances that increase the risk of divorce include:

Your Parents Divorced

Divorce impacts children significantly, and experiencing their parents’ divorce can affect their own relationships. However, a recent study indicated that biology also plays a role in the likelihood of divorce. A study published in Psychological Science researched adopted children, and the results indicate that the divorce pattern of adopted children more closely resembles that of their biological parents, rather than their adoptive parents. The conclusion the researchers found was that biologically inherited personality traits may play a larger role in the risk of divorce, rather than whether children witnessed a divorce in their own lives.

You Married Young

Our parents try to warn us as teenagers to hold off on marriage. Although for the most part, most of them are just concerned that their child is rushing into a big commitment, there is scientific evidence to back their concerns. Marriages that begin during the teenage years and even in the early twenties have a higher risk of divorce. However, this is also true for marriages that start after 32 years old, according to a study performed by the U.S. Census Bureau. Couples that marry between 25 and 32 have a 24% lower chance of divorce.

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Exploring Alternate Forms of Divorce Resolution

Posted on November 05, 2018 in Divorce
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Wheaton divorce mediation attorney collaborative lawMarriages are as unique as the individuals that enter them. From the wedding to the day-to-day lifestyle, what happens within one marriage is unlike any other. The same idea is true in divorces as well. There is no “one size fits all” solution to the dissolution of marriage. Today, while some divorces can be contentious, it is possible to achieve an amicable and cost-effective divorce through alternative dispute resolution, if your situation allows for it.

Mediation

Mediation is a way to achieve a divorce without many of the unpleasant side effects. With the assistance of a neutral third party, the two parties work out an agreement that is best for the family. Together, they decide the outcome of each issue, including child visitation schedules, spousal support payments, and property division. This option can take as little or as much time as necessary to conclude, and it often saves divorcing couples a significant amount of money. Additionally, this option often leaves less adverse effects on any children involved, as they witness their parents civilly reaching an agreement rather than feuding publicly in court. Due to the informality of the procedure, mediation works best for couples who can communicate relatively well with each other.

Collaborative Law

Some couples need further individual representation than what is offered in mediation. In a collaborative divorce, both parties have an attorney present to advocate for them and protect their interests, yet they work to reach a settlement without the need for courtroom litigation. Rather than using adversarial techniques, all parties agree to use effective negotiation methods to reach an amicable agreement. Representatives creatively work to minimize any emotional damage to the children and limit conflict between parties. Attorneys and neutral third-party experts work together constructively and fairly, agreeing to share information openly. Although experts and attorneys are necessary, this option typically is more cost-friendly than litigation, as both parties may split the expenses.

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