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Simplifying your divorce

People often have negative connotations come to mind when they think about the divorce process, especially if they are preparing for a divorce or are already going through one with their spouse. To be sure, divorce can be difficult, even for those who are fully prepared and able to cooperate with their former partner. However, there are many different strategies that can be employed to make divorce easier, and we will focus on some in this blog post. Simplifying divorce is especially important for parents, those with a high net worth and anyone who is particularly concerned about divorce-related challenges.

One way to make your divorce easier is to carefully go over all relevant information, such as laws and your legal options. By having a better idea of how your divorce may affect you and what you can do to secure a better outcome in court, you may have peace of mind and an easier time during your divorce. Aside from accessing information, communication can be incredibly helpful with respect to the divorce process. Talking with your former partner may be helpful, especially if the two of you are able to work together while ending your marriage, and you may also be able to make divorce easier for your kids by answering their questions and providing them with reassurance.

Understanding divorce from the perspective of your children

One of the most difficult parts of your pending divorce may be seeing the effect it is having on your children. Despite the growing divide between you and your spouse, you both share something in common, something critical, the children you have had together. At Essig Law Office in Illinois, we have helped many families through the painful and challenging course of a divorce. 

While you may like to believe that your divorce is not affecting your children too deeply, chances are they understand a lot more than you realize. They are probably filled with questions about why their family dynamic has changed so drastically and how these changes will affect their future and the stability and safety of their life. Providing relentless support and encouraging them to process their emotions in healthy ways is going to require that you be patient, understanding and consistent in making time to discuss their concerns with them. 

Can you stop your ex-spouse from taking the kids out of state?

As a parent, you may have a difficult enough time as is saying goodbye to your children for the weekend, knowing full well that they will be safe and snug in their other parent's house across town. If an emergency occurs, you can be there in 10 minutes, 15 minutes tops, and if you cannot be there, your mom, dad, sister or other trusted friend can. That confidence goes out the window when your ex tells you he or she plans to take your kids out of Illinois for vacation.

You may have several reasons for wanting to stop your former spouse from taking your kids out of state. You may not feel comfortable being so far away from them for an extended period of time. Your child may have an allergy or health condition with which only his or her pediatrician is familiar or that requires weekly prescription refills. Or, you may simply not trust your former spouse. Whatever the reason, you may wonder if there is anything you can do to prevent the vacation from happening. Unfortunately, according to FindLaw, there is not much you can do.

Debt division in a divorce

For many people in Illinois, the mention of a divorce may conjure up challenging negotiations between spouses about how they will split up their marital assets. While this can definitely be a major part of a divorce, it is important for people to remember that they must also figure out how to split up their debts when they get divorced.

As explained by Fox Business, proactivity can go a long way toward protecting a person down the road. Relying solely on the terms of a divorce decree to assign responsibility for a debt is a highly risky move. This is because any debt that was initially joint remains so in the eyes of a creditor despite what a divorce settlement may say. For this reason, it is wise for couples to find ways to pay off debts before they complete their divorce.

Can you go to jail for not paying child support in Ilinois?

The loss of a job, changes in family situations, purposeful action or any other number of reasons may contribute to people falling behind on their child support. Regardless of the reasons why, Illinois parents face serious consequences for child support nonpayment, including the possibility of jail time. Understanding the state’s enforcement options may help you to protect yourself if you have been ordered to pay child support.

When they are issued by a judge, child support awards are considered court orders. Therefore, state law provides that if you do not comply with the stipulations of your child support order, you may be found in contempt of the court.

The right lease for the right space for your small business

Finding the right type of space from which to run your company is not easy. It can be exceptionally difficult to find a good storefront or retail space in a good area, and budget concerns will certainly affect your decision as well. Once you find the right place, it can be tempting to forge ahead as quickly as possible, but there are some significant reasons why it may be smart to proceed carefully and thoughtfully.

You may not know that you have the ability to negotiate your commercial lease. There is no one-size-fits-all approach to these types of contracts, and savvy Illinois business owners work diligently to secure terms that will work in the interests of their companies for a long time. As with all contractual matters and decisions that can affect the financial well-being of your company, you may find it beneficial to seek guidance before signing on the dotted line.

Can you take your share of a 401k now?

As you and your soon-to-be ex-spouse work your way through your property division proceedings, one of the more complex assets you are both going to be forced to deal with is dividing up their 401k. Contributions made to an employer-sponsored 401k account during your marriage are made with your ex-spouse's income. Thus, just as their income is considered a marital asset, so too are those contributions (at least those made during your marriage). While you may be entitled to an equitable share of those contributions, you are also likely aware that there are tax penalties that are assessed if you withdraw funds from a 401k too early. 

You can roll your share of those contributions into your own retirement account (or simply wait until your ex-spouse reaches the age of retirement to withdraw your share), yet what if you need money now? Say that your ex-spouse was the primary income earner in your home, and you know need funds to help pay for schooling so you can get the necessary skills to secure gainful employment, or to buy a new home? Can you withdraw your portion of your ex-spouse's 401k contributions without having to pay a penalty? 

Can you get your child support changed?

Like most custodial parents in Illinois, you rely on child support to help you make ends meet. However, finances can be challenging, even when you receive a regular payment from your ex. You may wonder if there is anything that you can do to get your child support increased.

Maybe your ex reported false wages to the judge during your divorce proceedings, or maybe your ex quit his or her job or temporarily took a lesser position to appear to have a lower income. Perhaps you have evidence that your ex has a higher-paying job than he or she did at the time of your divorce. You may have numerous reasons for feeling like you drew the short straw. Fortunately, it may give you a sense of relief to learn that you can apply for a child support modification in your favor.

How do courts enforce alimony payments?

When the Illinois courts make support orders, they do not do so lightly. For this reason, when a party to divorce fails to uphold his or her end of a financial agreement, the courts may take additional measures to enforce payments. If your spouse has stopped the making payments he or she agreed to at the time of your separation, it may be time for you to take additional measures. Dummies explores a few steps you can take to encourage your ex to start making payments once more.

For one, you can ask the courts to hold your ex in contempt of court. The whole purpose of a court order is to hold parties to the order accountable for their actions or inactions. If your former spouse fails to take accountability, the court order should serve as a reason for the courts to get involved. If the courts do become involved, they may take one of several actions. Which action the courts ultimately use depends on how far behind your ex is on payments.

Keeping your emotions under control during your divorce

As your divorce begins, experiencing the emotional turmoil of your uncertain future is bound to become a prevalent burden. At Essig Law Office, we understand the challenges of getting divorced and are committed to helping people who are seeking a divorce in Illinois to get through the process as efficiently as possible. 

While you may be tempted to wallow in the stress and anxiety of your divorce, doing so can limit your ability to maintain a realistic perspective which is crucial to being able to see the potential of a happier life. While it is necessary and important for you to acknowledge the way you feel and take time to process your emotions, it is also important that you recognize triggers and learn about different methods that can help you to stay calm and feel hope and optimism about what lies ahead for you. 

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  2. The Essig staff are courteous and helpful, and the attorneys are professional and knowledgeable. They are very efficient, with prompt turn-around times on title orders and real estate closings. I would highly recommend this office to others!

    -Donna Jones Craig Jim Maloof Realtor

  3. The Essig staff are courteous and helpful, and the attorneys are professional and knowledgeable. They are very efficient, with prompt turn-around times on title orders and real estate closings. I would highly recommend this office to others!

    -Donna Jones Craig Jim Maloof Realtor

  4. The Essig staff are courteous and helpful, and the attorneys are professional and knowledgeable. They are very efficient, with prompt turn-around times on title orders and real estate closings. I would highly recommend this office to others!

    -Donna Jones Craig Jim Maloof Realtor

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