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Peoria Family Law Blog

What are the drawbacks of same-sex marriage over cohabitation?

With the Supreme Court's decision in 2015 to legalize same-sex marriage across the nation, many Illinois citizens were finally able to tie the knot. Despite the long wait, same-sex partners should probably refrain from rushing headlong into marriage simply because they now can. They, like heterosexual couples, should give the matter deep consideration before making a decision.

While it is true that marriage offers same-sex partners valuable benefits, cohabitations is still an option for many as they explore the idea of finally being allowed to wed. For example, if your relationship is relatively new, cohabitation or even dating might be the right choice for now. However, if you and your partner have been in the relationship for several years, marriage may be right for you.

Overcoming the fears associated with divorce

Sometimes, a person is unsure if divorce is the right option and they choose to wait it out. This is wise as it could be the wrong choice. However, other times a person has decided that divorce is absolutely the right choice and yet they still hesitate. Often it is fear that prevents them from taking the next step.

Anxiety is to be expected when divorce comes into play. A person may be afraid of what the future will hold for him or her as a single person. Perhaps there are children involved and one parent is afraid of caring for them alone. Some people are even afraid of what the divorce may do to the other spouse.

Is your spouse hiding assets in your divorce? You can find out

When an Illinois couple decides to end their marriage and divorce looms on the horizon, one spouse may not be as prepared as the other. In many cases, the spouse with more financial security has already begun planning for the future. Unfortunately, this sometimes means he or she has taken steps to manipulate assets in order to benefit unfairly during property division. While hiding assets is typically more common among wealthier people, those with a lower net-worth can also engage in this illegal and deceptive practice.

When this happens, the spouse with less financial security may come out of the divorce with less than he or she deserves. Either spouse can engage in hiding assets regardless of gender, but there are things the other spouse can watch for to ensure the property is split fairly. Here are a few things divorcing spouses can do if they are suspicious about hidden assets.

Vital information about modifying Illinois child support orders

Every state in the nation has laws that mandate parents to contribute to the ongoing support of their children, even if the parents are divorced. Most parents welcome the opportunity to provide for their children. However, sometimes it is difficult to meet the payment requirements outlined in a child support order. Alternatively, sometimes the custodial parent may need additional funds from the other parent to adequately support the child.

In either case, it is possible to petition for a modification to existing child support orders in Illinois. It is important to note that this is a legal process and must therefore be handled accordingly. Often parents choose to work with an attorney for the modification of child support orders to ensure they meet the requirements set forth by law. In Illinois, parents cannot qualify for a child support modification without good reason.

Child support and the high cost of daycare | Exploring solutions

The demand for daycare has grown over the years and so have the rates care providers charge. Childcare has become a thriving industry, often featuring professional services that drive the rates up even higher. It is difficult enough for two parent families to pay for care; imagine what it is like for single parent families.

ChildCare Aware of America keeps track of the high costs associated with daycare. In its 2015 report addressing the high costs of child care, Illinois ranks as one of the nation's 10 states with the least affordable daycare, especially for single parent households. The report shows that single parent households must pay 54 percent of their annual income for infant childcare services. By comparison, households with two parent incomes only pay an average of 14.7 percent.

Do the new Illinois marriage and dissolution laws affect custody?

As of January 1, 2016, vital changes to Illinois family law went into effect. Most would agree that these changes were long overdue. The new Marriage and Dissolution of Marriage Act was developed to make family legal issues easier to resolve. The streamlined laws affect many aspects of divorce, including child custody.

The new act features some changes in the language or terminology of child custody. Most notably, the terms "child custody and visitation" are now known as "parental responsibility and allocation of parenting time." However, it is not just the terminology that has undergone revision. Some of the basic structure and procedures associated with child custody have also changed.

Getting a divorce in Illinois can be simple with the right help

In Illinois, the authorities in government have written laws that govern divorce in this state. They are fairly complex and you most likely will need someone to explain what they mean.

The court will ask both of you what age you are, what you do for a living and how long you have lived in Illinois for background purposes. The judge will also need to know when and where you got married. The next question will be whether or not you have a divorce pending in another state. Is this marriage so broken that there can be no reconciliation? This is called an irretrievable breakdown and is the cause of most of the divorces today in Illinois.

Divorce in Illinois can be streamlined

Getting a divorce is usually fraught with emotion and over-the-top language. As much as you loved your soon-to-be ex, you feel that he or she has betrayed you somehow or that you have grown apart so much that there can be no reconciliation. At the Borsberry Law Offices, P.C., we offer a full-service family law practice. We have over 20 years of experience in dealing with every type of issue that you can imagine that will come up in a divorce proceeding.

The way that the divorce is handled has a great impact on the outcome and this can affect your future and your children's future as well. Not only are visitation and custody rights being decided, but property and debt division and spousal support may be on the table as well.

What can I do to ensure that my child survives divorce well?

When getting a divorce, the needs of the children involved should trump any interests that you or your soon-to-be ex-spouse have. The kids are the ones who suffer the most. They blame themselves and are unsure how to relate to both of you. They don't know what caused the split and may be confused as well. The statutes of the state of Illinois address child support in more than a monetary way.

The judge presiding over your divorce hearing may require you both to attend educational classes that address the effects of divorce on minor children. If the judge decides that this will be beneficial to the children, you can expect to be attending classes as ordered. This doesn't come from either one of you, it has to originate with the court system itself. This is not a therapy session but must be educational for the children and focus on what they are going through.

Selling assets in property division can be tricky

When you get a divorce, part of that process can include property division. Sometimes, the property needs to be liquidated in order to pay bills and make ends meet. The laws of the state of Illinois have much to say about this and you would be surprised how detailed the subject can get.

For one thing, you can liquidate property that belongs to both of you but you have to notify the court before you do this to ensure that both parties agree. You have to prove that you really need the funds and are not just being vindictive in order to "pay back" your spouse for the divorce or any type of slight that you may have suffered.

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