Should You Keep or Sell Your Vacation Home During Divorce?Owning a second home can complicate your high asset divorce. If you want to keep the vacation home for yourself, you will need to give up other valuable marital properties in return. Neither of you may want the property because you cannot foresee getting the same use and enjoyment out of it after you are divorced. Some divorcing couples choose to sell their vacation homes and divide the proceeds. You must weigh the positives and negatives when deciding whether to keep or sell a second home.

Keeping the Home

The financial and emotional value in owning a vacation home may be greater than what you could actually receive in a sale. By keeping the home, you have the option of sharing use of it with your former spouse or renting it to other vacationers. Your enjoyment from the home is also a valid reason to keep it. However, you should consider the practical cost of owning the home:

  • Can you afford the continued upkeep of the home, including months when it is unoccupied?;
  • Can you afford to pay property taxes on more than one home?
  • Will you be making mortgage payments on two homes?;
  • If sharing ownership, will you be able to work out a shared schedule with your former spouse?; and
  • Will you use the home enough for it to be worth keeping?

Selling the Home

The money you receive from selling your vacation home can compensate both of you for your lost assets and income after your divorce. You will save money on property upkeep and taxes, as well as avoid the headache of figuring out who will keep the home and which other properties you should exchange for it. However, you should not rush to sell your home without considering the consequences:

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Five Reasons to be Thankful for Your DivorceWhen reflecting on what you should be thankful for this holiday season, you may not immediately think of your divorce. Ending your marriage can cause stress and sadness, but a well-executed divorce should leave you in better shape than you were before. Here are five reasons you can be thankful for your divorce:

  1. You Are Free from Your Marriage: Your marriage should be a source of comfort and relief, but an unhappy marriage will instead add to your stress. You can become emotionally exhausted from having frequent arguments with your spouse or trying to avoid starting one. You may not realize how your marriage affected your mood until you get divorced.
  2. Your Children Have a Better Home Environment: Living with two unhappy parents can traumatize your children more than you getting divorced. Witnessing your unhealthy marriage upsets your children and warps their expectations about adult relationships. As a single parent, you can focus on being a better parent and helping them grow up to be healthy adults.
  3. You Are Learning About Your Own Strength: You may have avoided divorce because you were afraid of living on your own. Would you be able to support yourself and care for your children without your spouse? How would you handle being single again? Divorce makes you learn about yourself outside of the context of your marriage. You have probably learned that you are a stronger and more capable person than you thought.
  4. You Can Pursue Your Own Interests: Your marriage may have limited your willingness to take chances or explore your personal interests. Now, you can pursue your interests without worrying about what your spouse thinks or whether you are shirking your marital responsibilities. You can work towards a new career, pick up a fun hobby, redecorate your home or relocate yourself to a new area.
  5. You Have Another Chance at Happiness: Divorce does not guarantee that you will have a more fulfilling life or find someone new to spend your life with. However, you knew that your marriage was making you miserable. After a divorce, you have an opportunity to start anew and find happiness. You at least have more hope for a better life than when you were married.

Contact a St. Charles, Illinois, Divorce Attorney

We can all be thankful that the law allows us to get a divorce if we feel stuck in an unhealthy marriage with little chance for improvement. A Kane County divorce lawyer at Goostree Law Group can guide you through the divorce process and towards a beneficial resolution. Schedule a free consultation by calling 630-584-4800.

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When Cohabitation Can End Spousal MaintenanceSpousal maintenance payments in a divorce agreement often have a set duration, based on how long the spouses were married. In Illinois, the maintenance payor can petition to terminate the payments before the end date if the recipient has remarried or is living with someone else in a de facto marriage. Determining whether someone has remarried is straightforward, but the two sides may disagree about whether the recipient’s cohabitation is fulfilling the same role as a marriage.

Weighing the Evidence

Cohabitation becomes a de facto marriage when a spousal maintenance recipient is in an intimate relationship that includes financial support or codependency. Illinois law refers to it as living with someone on a resident, continuing conjugal basis. Illinois courts use six factors to determine whether cohabitation reaches this status:

  • The length of the relationship;
  • How often the cohabitants are together;
  • What type of activities the cohabitants do together;
  • How connected their financial affairs are;
  • Whether they vacation together; and
  • Whether they celebrate holidays together.

Recent Case

In the case of In re Marriage of Walther, an Illinois appellate court granted a man’s request to terminate spousal maintenance payments because his former wife’s cohabitation with another man qualified as a de facto marriage. The woman began seeing her new romantic partner while she was separated from her husband and moved into an apartment near him during her divorce. After the divorce, the woman slept at the man’s house on a regular basis for about a year. Her daughter moved into the man’s house about halfway through that period. The woman and her daughter eventually relocated to a new apartment after the man’s sister kicked them out of the residence. The appellate court cited several factors that pointed to this relationship being a de facto marriage:

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The Best Divorce Parenting Plan for InfantsNo age is too young for your divorce to emotionally affect your child. Infants do not understand divorce as a concept, but they notice changes in their routines and their parents’ emotions. Unlike older children, they cannot express how they feel in words, leaving them only their behavior. It is common for young children of divorce to become irritable, clingy, depressed, or anxious. Your parenting time is vital towards your young child’s development because he or she needs regular contact with both parents to develop bonds of support and trust.

Consistent Routines

Children form their attachments with their parents during infancy, and missing that stage of bonding can affect a child-parent relationship for the rest of their lives. A parenting schedule usually gives the children extended visits with each parent, but the frequency of bonding time is more important with infants that duration. Two hours every day or every other day may be sufficient bonding time for the non-primary parent. When creating a parenting plan for your infant, remember that:

  • Your child needs your undivided attention and care during your parenting time;
  • Your scheduled visits should be consistent and include familiar routines;
  • Long visits are more appropriate when you see your child frequently; and
  • An infant will become distressed if away from his or her primary caregiver for an extended period.

Breastfeeding

There is no law dictating whether a mother or father should be the primary parent of a child, but the mother receives a majority of the parenting time with an infant in most cases. A mother can use breastfeeding as one of the reasons that an infant should primarily live with her and that the father should not have long or overnight visits with the child. Breastfeeding is important for infants because it can:

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Examining the Divorce Rate Amongst Military MembersStatistics from the Pentagon show that 3.1 percent of the married members of the U.S. Military divorced in 2017. The Pentagon calculated the percentage from the number of married members at the beginning of the year and the number of reported divorces by the end of the year. It is difficult to compare the military divorce rate to the overall divorce rate in the U.S. because they are collected and measured differently. The national divorce rate is expressed as the number of divorces per 1,000 people. Still, military divorce data can show trends and subgroups that have a higher rate of divorce.

Divorce Numbers

The military divorce rate has remained around 3 percent for the past four years, while the number of military members who are married has dropped to around 51 percent. Researchers consider millennials to be largely responsible for the declining marriage rate, which also means fewer divorces. However, the military marriage rate is still higher than the national average. Other military divorce statistics show some interesting trends:

  • The U.S. Air Force has typically had the highest divorce rate of any military branch;
  • A recent study claimed that first-line enlisted military supervisors who are younger than 30 have a 30 percent divorce rate, which is the highest divorce rate of any occupation in that age group; and
  • Female military members have consistently higher divorce rates than their male counterparts, with some studies suggesting that their divorce rate is double.

Reasons for Military Divorce

All divorces occur for reasons that are specific to that marriage. However, military members and their spouses face several stressors that can contribute to a divorce:

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Goostree Law Group

Goostree Law Group

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

 630-584-4800

 1770 Park Street, Suite 205
Naperville IL 60563

 630-364-4046

 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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