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divorce Archives

Divorce rates seem to be affected by different generations

The lifestyle preferences of different generations seem to affect more than the consumer market. The CEO of a fast food establishment revealed slumping sales -- blaming it on the preference of millennials to prepare home-cooked meals. Illinois residents might also be aware that it was only months ago that a Wall Street Journal report indicated that mayonnaise sales had dropped considerably. Some suggest that this also follows changed lifestyles in which natural foods are preferred. Following another recent study, it was reported that millennials are less inclined to divorce.

Why would anyone choose legal separation rather than divorce?

Some Illinois couples find that they can no longer live together, but instead of ending their marriages, they choose legal separations instead. Why would they decide not to file for divorce? It is important to note that it is not merely a matter of living apart -- for a separation to be legal, the court must be petitioned.

Divorce after a short marriage -- what about spousal support?

Impulsion has come back to bite many people in Illinois and elsewhere. Those who marry impulsively may find that the decision could have far-reaching consequences if a divorce soon results. Even though a particular marriage may be short-lived, the legal impact could be long-lasting. Many Illinois spouses who file for divorce after marriages that lasted for only weeks or months may have questions about alimony.

What could lead to contempt of court in a divorce case?

Most people in Illinois who are in the throes of ending a marriage will likely admit that it is an unpleasant situation in which to be. It is unlikely that anybody who is going through a divorce would intentionally do something to worsen the situation. However, without experienced legal guidance, inadvertent mistakes can lead to contempt of court charges.

No one needs to deal with a divorce without legal guidance

Ending a marriage is a traumatic experience for anyone, and with all the do's and don'ts along with advice from friends and family, online sources and others who mean well, the process can be overwhelming. For that reason, many people in Illinois who are in the throes of divorce secure the services of an experienced family law attorney. Although many family law matters can be handled without a lawyer, having legal counsel's support has several advantages.

Anticipating potential changes after divorce is essential

Regardless of the circumstances, anyone's financial situation can change at any time. This applies particularly to those who are in the aftermath of a divorce. For that reason, divorcing spouses in Illinois are advised to seek legal counsel to assist with the drafting of a settlement agreement to ensure all eventualities are covered. The inability to anticipate changes has caught many a divorced spouse unprepared.

Is an IRA a fair offer to replace an alimony payment in divorce?

The Tax Cuts and Jobs Act will change the way in which alimony is treated on income tax returns. Currently, the spouse who pays alimony after a divorce benefits because he or she can show it as a deductible expense on his or her tax return, while the receiving spouse must show it as a taxable income. This rule will change as of Jan. 1, 2019, and Illinois individuals who are considering a divorce next year might benefit from getting qualified advice about the best way to deal with alimony.

Changing a divorce settlement agreement is tough but possible

Very few people in Illinois will likely consider the possibility that they might have to come back to the court to ask for changes to their settlement agreement. Once the final divorce decree is issued, the relief can be indescribable, but circumstances change, and modifications might be necessary. While such changes are never easy to achieve, it is possible if the appropriate steps are taken. The procedures depend on whether amendments are sought for spousal support, child custody or child support.

The importance of the language on divorce settlement agreements

Sometimes, when marriages end in Illinois, both spouses want to get the process over and done with as soon as possible. Even if they give their full attention to the property division process, their aim is to get that final divorce decree and move on. However, many divorcing spouses do not realize how important the details and clear terms on the settlement are.

Is unfamiliar divorce terminology overwhelming you?

Ending a marriage is never easy, and for anybody in Illinois going through this challenging process for the first time, the proceedings can be daunting. Gaining knowledge of the different terms and the legal language used during a divorce might limit the confusion somewhat. First in the terminology list is the Petition for Dissolution, which is the court filing. The chosen type of divorce will determine whether this filing occurs at the beginning or closer to the end of the process.

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Courtney ∙ Clark Law, P.C.
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Belleville, IL 62220

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