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Wakenight & Associates, P.C.

9405 Bormet Drive, Suite 7, Mokena, IL 60448

Mokena | 815-727-6144

DuPage County | 630-852-9700   Oak Park | 708-848-3159

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New Lenox divorce attorney for asset and debt divisionOne of the more contentious issues that may arise during your divorce is how you and your spouse will divide your assets. In Illinois, all marital property is divided between divorcing spouses in an equitable manner, which may not always result in an “equal” division. Spouses often go head-to-head to gain ownership over assets such as the marital home, savings accounts, or other valuable belongings.

What you may not realize is that you must also divide your marital debt during the divorce process. Marital debt is any debt that you and your spouse are both legally responsible for. Figuring out what to do with marital debt can be stressful, especially because debt is one of the few things you will not be trying to keep. Here are a few tips on how you can handle debts intelligently during your divorce:

Pay Off Debts Before You File for Divorce

Regardless of what happens during your divorce, you will still be held responsible for any joint debts that were taken out in your name during your marriage -- even if your spouse is ordered to pay off certain debts. Creditors are not required to follow the decisions made in divorce decrees, and they may still hold you liable for any debts in your name. Because of this, it is advised to pay off as much of your debt as possible before you file for divorce. This is the easiest way to protect yourself from being held responsible for debts that your spouse has been ordered to pay.

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New Lenox divorce lawyer for credit issues

It should come as no surprise that a divorce comes with a lot of emotional baggage and worries. During your divorce, your living situation may change, prompting a transitional period as you readapt to your new arrangements and your new, single-income household. You may worry about your children and how they will react to the divorce. In addition to these concerns, you may also need to address your credit score and financial health. Though the act of getting a divorce does not inherently affect your credit score, the way you handle your finances during the divorce can. Here are a few ways in which a divorce can impact your credit score in a less-than-favorable way:

You Did Not Account for the Loss of One Income

One of the most drastic financial changes you will experience during a divorce is the loss of an entire income to your household’s funds. Many people underestimate the impact this can have on their financial health, especially when they have been used to running a household on two incomes for a long time. Budgeting is key when making sure you have enough money to pay for all of your monthly expenses.

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Orland Park divorce lawyer for parenting plans

Getting a divorce is an upheaval of your entire life as you know it. Your living arrangements, your financial situation, and even the people who are present in your life may all change. If you have children, you also have to consider how all of these changes will affect them and how you will work to ensure they have as stable of an environment as possible. During your divorce, you will also have to come up with a plan as to how you and your ex-spouse will raise your children together, even though you are no longer a couple. All of this information will be contained in a parenting plan, which will be your “parenting manual” once your divorce is final.

What Is a Parenting Plan?

A parenting plan is a written agreement that is part of a divorce decree. The parenting plan will contain information about how parenting time is allocated and how parental responsibilities are handled. Within 120 days of filing a petition for allocation of parental responsibilities during divorce, you must also submit a parenting plan either together with your ex-spouse or separately. If you and your ex-spouse do not agree on a parenting plan, the judge in your divorce case can order you both to attend mediation, where you will work together to come up with a plan that you can both agree on. If you are unable to reach an agreement, the judge will make decisions for you about how these matters will be handled.

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New Lenox divorce attorney for child issues

When you have children, it changes your entire life. You put their wants and needs before your own much of the time, and you always want what is best for them. This is why many couples try to “stay together for the kids” even if they are not happy in their relationship. While this may seem like a good idea, studies have shown that staying in an unhappy marriage for the sake of the children actually does more harm than good. Children who grow up in unhappy households tend to have more problems than children whose parents got divorced. While it is true that a divorce can affect the children, there are things you can do to help protect your kids as you and your spouse separate from each other.

Take Your Fighting Elsewhere

Most people do not plan to have an argument, and disagreements or fights often happen in the heat of the moment. With that being said, it is important to avoid fighting in front of your children if you can help it. Studies have shown that children who are exposed to their parents’ constant fighting tend to have more behavioral and/or emotional issues. If you and your spouse have an issue you need to resolve, make sure you do it out of earshot of the children.

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New Lenox parenting plan lawyer

Parenting a child is rarely easy, especially if you are now a single parent. Though co-parenting can be extremely beneficial for the children, it does present many challenges for parents. Some divorced couples can call it quits and never have to speak to each other again. However, as a parent, you will always be attached to your ex-spouse because of your children. Co-parenting can be difficult, because you may still have feelings of anger or sadness toward your spouse, but you still have to work with them in order to be the parents your children deserve. Here are a few tips that can help you be the best co-parent you can after your Illinois divorce:

Do Not Put Your Kids in the Middle of You and Your Ex’s Problems

In many cases, divorce is not a mutual decision. This can breed feelings of resentment or anger toward your ex-spouse, which can be difficult to control. However, it is important to remember that your issues with your ex are not your child’s issues, and it is not fair of you to put your children between the two of you. Never use your children to convey messages to the other parent, and never confide in your children about the issues between you and your ex-spouse.

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