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Rolling Meadows divorce child custody lawyerThe emotional and psychological fallout of separation and divorce can have a major impact on a family. Once the initial shock passes and the legal process is underway, children start to get a sense that the change of divorce is really happening, and they may need extra support to get through the transition. The need for assistance is especially prevalent in high-conflict divorce cases in which both sides seek outcomes diametrically opposed to one another. These situations often involve animosities that are transferred to the children. Studies have long shown that divorce can lead to a wide range of negative and long-term emotional and psychological damage in children if not properly handled.

Addressing the needs of a child going through a divorce is complicated, and parents may require the involvement of multiple adults to provide sufficient support. For children who are struggling and starting to exhibit destructive behavior, such as depression, skipping school, or outbursts of anger, more direct intervention may be demanded. The courts have the power to order two processes that speak to this situation: custody evaluations and counseling.

Custody Evaluations 

When parents cannot agree on parenting plans, and this stalemate lasts for a long period of time, courts are often asked to step in and make the decision for them. Each family is unique, though, and any decision issued by the courts will affect the quality of life for the parents and children for years to come. To help the court form a better understanding of the family dynamics, and more specifically, the best interests of the child, a judge may order a custody evaluation to look at the relationship between the spouses, the parent/child relationships, and the child’s overall welfare.

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Schaumburg family law attorney, property division, marital property, real estate sales, property settlementsNo one wants to give up an item he or she worked hard to acquire, but divorce requires both spouses to relinquish a portion of the assets accumulated during marriage. Still, agreeing on an acceptable division of property is a huge challenge for many divorcing couples.

Illinois law requires property division to be equitable or fair. This often means spouses receive roughly equal amounts; however, the final outcome will depend upon the Court’s evaluation of factors that examine the circumstances of the marriage and the financial position of each party. While a Judge can settle the issue if requested, couples may be better off finding a private compromise in cases of extreme disagreement.

Personal items and collectibles can be particularly hard to divide due to the sentimentality people often attach to them. One example of a creative solution to this dilemma is the auction Russell Crowe plans to have as part of the divorce settlement he will pay to his soon-to-be ex-wife.

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Schaumburg family law attorney, domestic violence, divorce process, protective orders, parenting timeDomestic violence is a tragic and intolerable situation experienced by millions of spouses each year, and attempting to leave a marriage by filing for divorce can be complicated by potential retaliation from the abuser and a general fear about the circumstances. Officials recognize the hardships faced by spouses in such a relationship. Thus, they provide the ability to get protection from the abusive individual, so other legal steps, like divorce, become viable options that allow more permanent ways to sever ties.

The persistent dangers of domestic violence are apparent in a recent news story out of the Rockford Register Star that discusses the disappearance of three individuals — a married couple with domestic violence issues that was in the process of divorce, and the wife’s new boyfriend. The likelihood of foul play in this situation is high and underscores the need to take decisive action as soon as possible to avoid a worst case scenario.

Protection Order

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Posted on in Divorce

division of property, Schaumburg family law attorney, engagement ring, marital property, non-marital propertyWhen a couple decides to marry, no object is more symbolic of this commitment than an engagement ring. The level of commitment this piece of jewelry represents is reflected in the thousands of dollars typically spent. Consequently, if the marriage does not occur, or the relationship ends in divorce, the purchaser of the engagement may want the item back, particularly if the piece of jewelry is a family heirloom. However, the receiver may conceivably view the ring as a gift that was freely given, and thus, not necessary to return. 

These differing points of view can add more tension to an already combustible situation, and while filing a lawsuit to demand the return of the ring may seem tempting, resolving the situation privately is best for reducing additional emotional pain and unnecessary expense. However, in the context of divorce, fighting over a ring is often connected with the bigger question of which assets are considered marital property. An engagement ring, though, maintains a unique status under the law, and thus the right to possession is treated somewhat differently than other kinds of gifts.

Keeping Gifts Generally

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federal tax reform, Schaumburg family law attorney, spousal maintenance awards, federal tax reform law, maintenance obligationsThe implications of divorce do not end when a marriage is formally dissolved. Parents must still interact with each other as they work to share custody in a manageable fashion. Moreover, the financial adjustments required as cash flow shifts to account for new expenses and reduced income are very necessary and long lasting.

A divorced individual’s tax liability is often directly impacted by divorce but frequently receives much less attention and consideration in the settlement process than this issue deserves. How property distribution and the method of disposition is structured, as well as support paid and received by each party, can produce serious tax consequences in the short- and long- term.

Spousal maintenance, or alimony, is an area that is particularly affected by the tax rules, and changes to the federal tax reform law are primed to directly influence how divorcing couples handle this already contentious issue.

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Schaumburg family law attorney, divorce case, litigated divorce, Family Court, divorce processDivorce is a process full of issues that can push a couple into heated disputes. The matters that must be settled are central to a person’s well being and the life of his or her child. Thus, resolving these issues through mediation or the collaborative process is not always an option.

If less contentious alternatives to litigation have any chance at working, each party must approach the process willing to engage in some amount of compromise, and hold reasonable expectations for the settlement he or she is willing to accept. Unfortunately, some spouses enter divorce with a hard stance that the other side is unable to persuade to compromise.

Additionally, other cases involve disputes where each party holds views that cannot be jointly reconciled. In these situations, litigation may be the only viable option for resolving a disagreement, and understanding the various stages of a typical litigated divorce should help spouses recognize the complexity involved and could even spur some to reconsider attempting a negotiated settlement.

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