Divorcing couples of any age may have questions and concerns about how their divorce will influence their retirement, but this is often an especially crucial issue in divorce cases involving older spouses. Understandably, people want to ensure that they will have access to the financial resources they need in their golden years.

In this blog, we will discuss answers to some of the most frequent questions about how divorce can influence retirement accounts and what you can do if you want personalized guidance regarding your situation.

Does My Spouse Get Half of My Retirement Account?

Retirement funds are treated just like any other asset during a divorce. This means that any retirement funds a spouse acquires during the marriage are included in the marital state. Funds that were acquired before the marriage or after a legal separation are considered separate property. You do not have to share separate property, but it is very likely that your spouse is entitled to a share of any retirement funds acquired during the marriage.

 Divorce is challenging for everyone involved, but it can be especially difficult for teenage children. The teenage years are a formative time, and the turbulence of a divorce can make these critical years even more complicated than they already are. As a result, many parents with teenage children are concerned with how the divorce will affect them. 

What to Keep in Mind

Here are some considerations for parents with teenage children getting a divorce, including:

• Keep communication channels open – Keeping lines of communication open with your teenage children during the divorce process is essential. Make sure they know that they can come to you with any questions or concerns, and be honest with them about the situation.

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One of the most challenging aspects of divorce is the impact it can have on children. In some cases, one parent may try to turn the child against the other parent, which can cause emotional trauma and damage to the parent-child relationship. If you believe this is happening, it may be worth contacting an experienced family law attorney, who may have advice on how to navigate the situation best. In addition, a lawyer with experience has likely seen this situation before and may have insight on how to proceed.

Steps to Dealing with Parental Alienation

Here are some steps you should take if your spouse is attempting to sabotage the relationship between you and your child, including:

• Document the behavior – If you believe your spouse is trying to turn your child against you, it is essential to document the behavior. For example, record conversations or interactions with your spouse or child that suggest parental alienation occurs.

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There is no denying that discussing divorce with your spouse can be a high-stress and often contentious conversation. Unfortunately, in some cases, this discussion can escalate into threats of violence. If you find yourself in this situation, it is crucial to prioritize your safety and take appropriate legal action. Today, we will outline several steps if your spouse threatens violence after you mention divorce. As you navigate this emotional time, an experienced family law attorney can be highly beneficial as you work to ensure your safety while ensuring your rights are protected and that you understand your legal options moving forward.

Step #1 – Ensure Your Immediate Safety

If you are in immediate danger or fear for your safety, call 911. Law enforcement officers are trained to handle domestic violence situations and can help protect you from harm.

If you are not in immediate danger but still feel threatened, consider leaving your home temporarily and staying with a friend or family member or at a domestic violence shelter. Ensure you have a safety plan, including packing essential items and important documents and having an escape route in mind.

When one spouse has a substance abuse problem, it can complicate divorce in various ways. The spouse with the addiction may be less able to negotiate effectively, and their addiction may impact their ability to make sound decisions. Today, we will discuss what to remember as you approach the divorce process if you have a spouse with a substance abuse problem. Consider contacting an experienced divorce attorney to ensure your rights are protected and understand your legal options. 

What to Do if the Spouse You Are Divorcing Has a Substance Abuse Problem 

While all situations are different, here are some considerations as you move toward and through the divorce process, including:

• Get help for your spouse – If your spouse is willing, encourage them to seek help for their addiction. This could include therapy, rehab, or support groups. Addressing the addiction can help your spouse to be in a better position to negotiate and make decisions about the divorce. 

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Unfortunately, it is not uncommon for children to act out in school and at home following a divorce as they struggle to accept the changes in their family dynamic. Today, we will discuss what a concerned parent can do if their child begins acting out after a divorce.

If you are worried about child-related legal concerns before, during, or after a divorce, contact a divorce lawyer for help. An attorney can help you establish or modify the allocation of parenting time and parental responsibilities, enforce a child support order, and address other family law concerns. 

Tips for Parents with Children Struggling to Cope with a Divorce

Divorce can be hard on children. Here are some tips to help parents help their children get through this challenging time in their life:

 Divorce mediation is a process where both parties work with a third-party mediator to come to a mutually beneficial agreement on issues such as child custody, division of assets, and spousal support. While mediation can be a less stressful and costly alternative to litigation, it may only be a viable option in some cases. Today, we will discuss when mediation may not be the best course of action. If you are interested in getting a divorce, consult with a knowledgeable attorney so you understand your rights and legal options. 

Situations Where Divorce Mediation May Not be Suitable

There are several situations where divorce mediation may not be sufficient, including: 

• Domestic violence – Mediation may not be a safe option if there is a history of domestic violence or abuse. In cases of domestic violence, it is essential to prioritize the safety of the sufferer and their children. An experienced family law attorney can help domestic abuse sufferers obtain an order of protection and navigate the legal process. 

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While divorce is a challenging time for everyone involved, fathers going through a divorce may face unique challenges. Above all, it is essential for fathers to understand their rights and responsibilities during the divorce process thoroughly and to take steps to protect their interests and the interests of their children. If you are a father heading toward a divorce, consider contacting a knowledgeable divorce attorney who will protect your rights and do everything in their power to help ensure you receive a fair divorce settlement. 

What Fathers Should Keep in Mind During a Divorce 

Child custody is one of the most critical considerations for fathers going through a divorce. In most cases, both parents have a right to be involved in their children's lives. That being said, the specific custody arrangement will depend on the children's best interests. Parenting plans are extremely important in Illinois divorce cases involving children. Time and effort are required to ensure that the parenting plan addresses all that must be addressed. 

Fathers should work diligently with the other spouse through negotiations to create a parenting plan that lays out the duties and responsibilities of each parent concerning the children. In cases where the parents cannot reach an agreement, the court will decide on allocating parental responsibilities and parenting time.  

 Prenuptial agreements, often referred to as “prenups,” are legal contracts between two individuals planning on getting married that set out how their assets and property will be divided in the event of a divorce or death of a spouse. Prenups have become increasingly common for a variety of reasons. 

If you are getting married and are interested in signing a prenup or learning more about them, consider contacting an experienced family law attorney to guide you through the process and make you aware of everything you need to know. 

What Can a Prenuptial Agreement Do for Me? 

Many people are not aware of the ways that a prenuptial agreement can benefit them. If you are getting married, a prenuptial can help you accomplish a variety of goals, such as: 

A postnuptial agreement is a binding legal contract between two spouses that lays out the terms of their financial arrangement in the event of a separation, divorce, or death of a spouse. A postnuptial agreement is similar to a prenuptial agreement but is entered into after a couple has already tied the knot. In our society, it frequently seems as though conversations revolve around prenuptial agreements and rarely postnuptial agreements. Today, we are going to look at some instances where it may make sense for a couple to enter into a postnuptial agreement. 

If you are looking to enter into a postnuptial agreement, contact an experienced family law attorney who will work to protect your rights while working to make your legal goals a reality. 

When Does it Make Sense to Enter into a Postnuptial Agreement? 

There are various reasons why a couple might consider making a postnuptial agreement. These reasons include the following: 

There is little doubt that for many people, traveling is one of the great joys of life. For people who have gone through a divorce, have a minor child, and wish to travel with their child, they too may have an interest in traveling. However, there are important considerations to keep in mind if you are divorced and would like to bring your child on a trip abroad. This blog will look at what someone should consider thinking about before they leave the country with their child.

Step #1: Obtain a Passport for Your Child

It is important to note that any child under 16 years of age needs to have both of their parents’ authorization to obtain a passport. In some cases, it may be required for both parents to be present when the child gets their passport. However, getting a signed permission form may also be possible if one of the parents being there in person is not possible. In cases where only one parent has parental rights or the other parent has had their parental rights terminated, the parent with full custody of the child must show proof that no other parent is required to grant consent for the child to obtain a passport. Notably, a child’s passport is only valid for five years. If your child already has a passport, make sure to check when it expires, as many countries will not allow entry to a traveler with an expired passport.

Step #2: Ask for Permission 

Suppose a divorced parent wants to travel abroad with their child. In that case, they must receive written permission to do so unless it is explicitly stated otherwise within the court-ordered parenting plan. It is not uncommon for an airline to ask to see such permission before they consider allowing a single parent to board an airplane with their child. Unfortunately, it may be extremely unlikely for the child’s other parent to grant permission in some cases. However, obtaining this permission is still critical. If you fail to get permission before you leave the country with your child, charges of kidnapping may be levied against you.

While the majority of fathers are more than willing to be loving members of their child’s life, unfortunately, not all fathers feel the same way. Moreover, not everyone alleged to be a father is actually the father. As a result, it is not uncommon for paternity to be an extremely contentious issue, particularly when the alleged parents are not in a relationship with each other. As a result, paternity issues frequently become urgent privacy matters. In addition, both men and women may fear the impact and consequence of having the incorrect man regarded as a child’s father.

Thanks to DNA testing, mistakes are relatively uncommon when establishing paternity. More and more children are receiving the resources and care they need because paternity is much easier to prove now than it was years ago. If you are interested in establishing the paternity of your child or are looking to avoid being incorrectly labeled as the father of a child, contact an experienced lawyer who understands Illinois paternity law and can represent you throughout the process. 

DNA Analysis for Paternity

When parents are married or in a consensual relationship, they often will sign a Voluntary Acknowledgement of Paternity immediately after the child is born. Furthermore, a married husband in a heterosexual is automatically assumed to be the newborn baby’s father. 

It is not uncommon for married couples to prolong their marriage simply because they fear going through grueling divorce proceedings. Unfortunately, divorce can be a highly contentious process for so many couples, leaving many reeling from the sheer emotional turmoil. Chances are, if you are in a tumultuous marriage, the possibility of having a smooth divorce is slim. However, hope is not lost.

If you have reason to believe that you and your spouse may be heading for a high-conflict divorce, one of the wisest things you can do is to retain the services of a knowledgeable divorce attorney. Having a skillful attorney on your side can be a lifesaver, especially regarding issues like asset division, spousal maintenance, or figuring out who will get custody of the kids. This blog will provide essential tips to be aware of when preparing for a contentious divorce. 

Understand Your Financial Situation

If you have a controlling or manipulative spouse, they may attempt to deceive you regarding finances. They may try to do this by hiding assets from you, lying about their salary, or lying about the worth or even ownership of certain assets. To help protect yourself, try to figure out as much as possible before you begin the divorce process. That way, once the process starts and finances come under examination, you will already have retained a great deal of information regarding the finances in play and will be less likely to be victimized by financial dishonesty.

Deciding to end your marriage and pursue a divorce is rarely easy, especially when children are involved. In divorce cases where spouses have children, they often want to protect them from the stress and uncertainty of divorce while ensuring their lives are affected to the least extent possible. At the same time, parents might be concerned about what effect the divorce will have regarding child custody and their ability to see and be a part of their children's lives. If you are getting a divorce and are concerned about matters related to child custody, consider consulting with a knowledgeable attorney who will ensure your rights are protected while consistently placing the child's best interests at the forefront of every decision. 

Illinois Law Regarding Child Custody Matters

It is important to note that as of 2016, Illinois refers to child custody as the "allocation of parental responsibility." This term speaks to the parent's right to decide about their children's upbringing. The four primary areas where decision-making is relevant are education, health, religion, and extracurricular activities. Each parent may share these matters and the decisions accompanying them, or they may be assigned to one parent only. Generally, issues pertaining to parental responsibility are outlined in a parenting plan created by the parents as part of their divorce decree. In a best-case scenario, parents can lay out their plans for the allocation of parental responsibilities with the assistance of their attorneys or through mediation.

However, sometimes parents cannot work together and reach an agreement. In these cases, a judge will decide what to do. A judge will look at the children's needs, the parent's wishes, the physical and mental health of the parents, how well-adjusted the children are to their environment, the parent's willingness to help foster a positive environment for their children with the other parent, and more. 

When a married couple with children decides to pursue a divorce, it can affect everything and everyone around them. But unfortunately, there are situations where the only thing stopping a couple from divorcing is fear of the unknown and the various emotional and financial consequences that result from a divorce. Or in other cases, parents may be afraid of how a divorce will affect their children. 

When a divorcing couple has children, there is much to figure out. Luckily, according to Illinois state law, the allocation of parental responsibilities is to be shared equally among the parents of children unless there is a good reason to do otherwise. However, there are things every father ought to know if he is getting a divorce in Illinois. If you are a father getting a divorce in Illinois, consider contacting a knowledgeable attorney who is passionate about defending fathers’ rights in Illinois divorce cases. 

Things Every Divorcing Father Should Know

It may surprise some that parental roles often can affect one’s standing in a divorce. If you are a father getting divorced, here are a few things to keep in mind as you go through your divorce: 

Prenuptial agreements are becoming increasingly popular among engaged couples of all ages. Prenuptial agreements can protect both spouses’ financial interests in the event of divorce or the death of a spouse. They also represent an important opportunity for engaged couples to discuss financial plans and expectations before they walk down the aisle. In a country where financial problems are consistently cited as a top cause of divorce, financial transparency is crucial to building a strong marriage.

However, prenuptial agreements must meet certain criteria to be legally binding. If a prenup does not meet these requirements, it may be completely useless during a divorce.

Requirements for Prenuptial Agreements in Illinois

Prenuptial agreements and postnuptial agreements are legal contracts. As with any contract, they must meet certain standards to be legally enforceable. In Illinois, part of all of a prenuptial agreement may be thrown out if these standards are not met.

It is well known that getting a divorce can be one of the most challenging things anyone will ever have to do. The dissolution of a marriage can be a sorrowful time and also a scary time, since you may be unsure of what your future will hold. Divorces tend to bring forth strong emotions in people. While this is understandable, it is critical that you do not fall victim to common mistakes people can make during the divorce process.

The worst mistake someone can make when getting divorced is not hiring an experienced divorce attorney. Your divorce attorney will inform you of your rights while making sure that your rights remain protected. An attorney will also work with you to help pursue a positive outcome in your case. This blog will delve deeper into common mistakes people make during divorce proceedings.

Mistakes People Make During Divorce

Aside from not hiring an attorney, there are various other mistakes people often make during divorce. These mistakes may include the following:

Getting a divorce is rarely an easy or stress-free process. This is even truer when children are involved. Often, the spouse responsible for caring for the child for the greatest amount of time is eligible to receive child support payments. These payments are used to help pay for the various expenses related to raising a child, including clothing, food, medical care, schooling, and after-school activities. 

In Illinois, the court and the Illinois Department of Children and Family Services may issue orders requiring a parent to make support payments. However, this does not mean the parent always obeys. Failure to receive child support payments can be exceptionally frustrating and even frightening for the parent relying on it. Luckily, you can take steps to ensure your ex-spouse is forced to pay child support. If your ex-spouse fails to pay child support, contact an attorney to ensure that your ex will be required to pay. 

What Constitutes Failure of Support? 

If a judge or Illinois Department of Children and Family Services submitted a child support order during divorce proceedings, it has already been determined that the parent is financially able to pay the child support. Nonetheless, if that parent fails or refuses to make support payments, they can be considered to have failed to follow a court order. In Illinois, the Non-Support Punishment Act declares that a person may be held in contempt of a support order if they do any of the following:

It is often said there is no more extraordinary gift than starting a family. Unfortunately, for so many families, fertility is not easy as it is for other couples. As a result, couples may find themselves looking for outside assistance when it comes to having a baby. There are few kinder acts than a woman donating her eggs to a couple looking to start a family. 

If you are interested in donating your eggs or you are interested in seeking an egg donation from someone else, it is essential to understand what the process entails. The egg donation process can be a complex one, bonded by something called an egg donor agreement. Consult with an experienced attorney who is knowledgeable in the area of egg donation and egg donation agreements. The attorney will ensure the rights of all parties involved in the process remain protected and that the process is as smooth as possible. 

What an Egg Donor Agreement Entails

Whenever a woman decides to donate her eggs, it is crucial that there is a contract that exists that unmistakably specifies the rights held by the donated eggs as well as the parental rights for children who are born using the eggs. The individual who donates her eggs is rarely considered to be the child's parent. However, in Illinois, the donor may be required to pay child support if they fail to have a legal agreement where the anticipated parents accept responsibility for the baby and the egg donor renounces any rights to the child.

The dissolution of a marriage can be one of the most trying experiences of someone’s life. When facing a divorce, there is so much to figure out; many areas can become contentious. Unfortunately, an area where things can get the most aggressive is when it comes time to divide your marital property.  

If you and your spouse are pursuing a divorce, consider conferring with a knowledgeable attorney with experience in working with divorce cases. Remember, in divorce proceedings you want to put yourself in the greatest position possible to achieve a favorable outcome for yourself. This starts with hiring an attorney to represent you and protect your rights. 

Equitable Distribution of Marital Property 

Many believe that splitting up marital property is as easy as splitting everything down the middle 50-50. This could not be farther from the truth. Under Illinois state law, the court adheres to an equitable distribution model when it is time to divide the marital property. Equitable distribution means that the splitting of property is to be fair and reasonable, which is different from an equal split.