Tag Archives: Kane County family law attorney

Your Child's Pediatrician Should Know About Your DivorcePeople going through a divorce can be reluctant to tell casual acquaintances about it. The process is personal and not something they want to share with everyone they meet. However, there are people outside of your friends and family who need to know about the divorce. One such person is your child’s pediatrician. The emotional impact of your divorce can cause developmental and behavioral maladies in children. A pediatrician may be able to help your children, but he or she needs to know that the divorce may be causing the problems. Keeping your pediatrician informed of your child’s life circumstances may help prevent some of the struggles your child will go through during the divorce.

Effects of Divorce

Children feel emotional pain when their parents divorce or separate, regardless of their age or how amicable the divorce is. Feelings of abandonment, anger and self-blame can become emotional scars that last for years. Depending on the child’s age, the emotional effects of divorce on children can manifest as:

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Lessons Your Children Learn from Your DivorceThere is no denying that divorce is a negative experience for your children. You can rationalize how your children will be better off because of the divorce. From their perspective, they have witnessed the end of a relationship that defines their lives and are faced with uncertainties about their futures. However, divorce can have both a positive and negative effect on your children. They may not see any immediate benefits, but the experience can teach lessons that help them become better adults.

Healthy Relationships

Your marriage has a great influence on how your children will view and treat their own relationships. By witnessing your unhealthy marriage, they may unwittingly pick up your bad habits and make the same relationship mistakes that you did. The first lesson your divorce teaches is that your marriage was not a healthy relationship and that it is appropriate to end a relationship that makes you miserable. However, you also need to demonstrate a healthy relationship if you do not want them to repeat your mistakes. In interacting with your former spouse and potential new romantic partner, show that a relationship requires:

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What to Consider When Making a Premarital AgreementCreating a premarital agreement is negotiating aspects of your divorce before you get married. If you have been through a divorce before, you remember how complex those negotiations were. If this is your first marriage, the process may seem overwhelming and intimidating. When thinking about your premarital agreement, it helps to remember its purpose. You and your future spouse are determining how your properties would be divided in a theoretical divorce without the animosity of the divorce clouding your judgment. When making a premarital agreement, you should anticipate financial decisions that would need to be made during a divorce.

Premarital Properties

If you divorce, your properties would be classified as either marital or nonmarital. Your marital properties would be divided equitably between the two of you, while you would keep all of your nonmarital property. Distinguishing between marital and nonmarital property becomes more difficult when spouses have been married for several years. The clearest distinction is which properties were purchased before the marriage. Your premarital agreement can identify and protect your nonmarital assets, such as:

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Four Scenarios Using Illinois' New Child Support LawIn July, Illinois enacted a long-anticipated overhaul of its child support payment law. Whereas the previous system always placed the financial burden on the party with less parenting time, the income shares model more equitably splits the parenting cost between the parties. The court combines the parents’ net monthly incomes and calculates the percentage of the combined incomes that each parent’s individual income accounts for. The court consults a chart that quantifies the expected monthly child-related expenses, based on the number of children and combined incomes. Each parent is responsible for paying for a percentage of the child-related expenses that equals the percentage that his or her income makes up of the combined incomes.

In most cases, the parent who is allocated a majority of the parenting time will still receive child support payments from the other parent. However, the amount will vary more than it did under the previous system, depending on:

  • If the recipient parent has a greater income than the paying parent; and
  • If the parenting time is split so that each parent has the children for at least 40 percent of the time during a year, which is called Shared Physical Care.

To help explain the new income shares model, here are four child support scenarios. In each scenario, the parents have two children and a combined net monthly income of $5,000:

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Cohabitation Does Not Entitle Couple to Share of PropertySociety has become more accepting of couples who cohabitate without marriage, but laws do not yet treat them equally. Some states, including Illinois, prohibit common law marriages, in which couples act and present themselves as married but never obtain a legal union. While this may limit a couple’s rights when they are together, it also affects them when their relationship ends. Illinois laws state that couples who dissolve their marriages or civil unions are entitled to an equitable division of their shared properties. Because Illinois does not recognize common law marriages, cohabitating couples do not have the same property rights unless they created their own separation agreement.

Legal Precedent

Illinois’ Supreme Court has twice decided that cohabitating couples are not required to equitably divide their properties after their relationships end:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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