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Elgin Family Law Blog

The effectiveness of birdnesting after divorce

Divorce can be a very difficult for children, so parents are constantly looking for ways to make separation as easy as possible. One of the solutions growing in popularity recently for divorcing couples in Illinois has been birdnesting. This is when parents keep the original family home and rotate living there with the kids. While some parents maintain separate residences while away from the children, many will share to save money.

The main purpose of nesting is to keep the children's lives as stable and routine as possible during an otherwise traumatic time. According to some family law experts, this solution is best when used on a short-term basis. The longer this living situation continues, the more anxiety children can experience regarding the uncertainty of their future. A three-month period of nesting carefully balances stability with transition toward a future living situation.

Benefits of hiring a divorce coach

Illinois residents and others who are ending their marriages may benefit from having a divorce coach. The divorce coach helps an individual gather information or get ready to meet with an attorney. A coach may also help a person face a divorce with confidence or greater self-esteem. In some cases, working with such a person will allow a divorcing individual to identify and prioritize issues that will be present in their case.

Another possible advantage of working with a coach is that it can make the divorce less expensive. This is because it generally takes less time to end a marriage when an individual is organized. Divorce coaches may also act as a support system for those overwhelmed by the prospect of their marriage coming to an end. While friends and family members may try to offer good advice, a coach may provide information that can be used in a specific matter.

Making shared custody a positive experience

Whether you and your former spouse cooperated to reach a balance of parental responsibility during your divorce or a court recently issued a joint child custody order, you may not have felt the burden of this arrangement more painfully than now as the holidays approach. However, even during the ordinary days of the year, sharing parenting time can be stressful and frustrating as you and your parenting partner adjust to the changes in your life.

You may be able to take comfort in the studies that show how much children of divorced parents benefit when they have as much access to both parents as possible. To make the most of those benefits, you may have to work hard to see past your own emotions and build a respectful working relationship with your former spouse.

Home ownership during a divorce

When a married couple decides to divorce, there is often a difficult choice on whether or not to sell their home. A variety of factors will determine what the right course of action. These include the amount of equity in the home, each person's income and credit, and even market conditions. Retaining ownership can have a wide range of long-term consequences, so it's important to carefully consider this decision.

When a property is held in both spouses names, it is common for one of the parties to sign a quit claim deed and simply be done with the matter. A quitclaim removes the spouse from the deed of the property, but it does not absolve them of responsibility for paying off the loan. This can become a problem in the future if the spouse who still owns the home has trouble paying the mortgage.

Study looks at effects of cohabitation on divorce risk

Couples in Illinois who live together before marriage might struggle more and may have a higher likelihood of divorce than those who do not. According to a study published in the Journal of Marriage and Family, what researchers have called the "premarital cohabitation effect" does not disappear during the marriage.

Earlier research found that couples who lived together before marriage struggled during the marriage, but the recent study's authors said those researchers did not look closely enough at the long term when they said the premarital cohabitation effect vanished. In fact, only in the first year of marriage are couples who did not live together before marriage more likely to get a divorce.

Higher income may increase risk of divorce

Many people in Illinois choose to file for divorce over financial issues. According to research by the Federal Reserve Board, a large difference in incomes between spouses is associated with a higher risk of divorce within the first five years of marriage.

Higher credit scores are associated with a better chance of staying together for the first five years. However, wealthy couples are not immune from marital problems that can sometimes lead to divorce.

Protecting retirement savings during a 'gray divorce'

Starting over can be a challenge for anyone ending a marriage in Illinois. However, the difficulties are often greater for older adults. It's an increasingly common occurrence since the divorce rate among adults 50 and over has doubled since the 1990s. Some so-called "gray divorces" do involve second marriages or unions of a short duration. However, it's not uncommon for knots to be untied after many years together. This could mean having to make decisions about jointly owned accounts, investments and savings.

Regardless of the circumstances involved, a later-life divorce may put retirement savings at risk if certain precautions aren't taken. A common recommendation is for divorcing older couples to be cautious with spending, especially with larger investments like a new home. Having copies of tax returns and receipts, insurance documents and bank statements may further minimize unexpected hassles and surprises during the transition back to a single life.

The top reasons to consider a prenup

For many Illinois residents planning to tie the knot, it can be uncomfortable to think about a potential divorce. But in a world where lots of marriages end sooner than expected, it may be a good idea for soon-to-be-spouses to have some protection in the form of a prenuptial agreement. The purpose of this type of document is to clearly determine what each party would get or agree to give up in the event that the knot is legally untied at some point.

Without a prenup, property and asset division after a divorce will be determined by the state. While some individuals may hesitate to present an intended life partner with a prenuptial agreement because it suggests a lack of trust, such a document can provide important protections for each party. It's generally advised that couples consider a prenup if one party has more assets than the other.

What Divorcing Couples Need to Know About Custody Proceedings

Couples with children who separate need to be aware of custody issues that can arise during divorce proceedings. Divorce in Illinois is a straightforward process; however, custody disputes can make the process take longer. While parents may initially agree on custody arrangements, sometimes they may find that as the divorce proceeds, they change their minds.

There are different types of child custody that need to be considered during any divorce. One parent may have sole physical custody of a child; however, the parents may be ordered to share legal custody of the child. This means that even the non-custodial parent will have a say in how the child is raised, including where they go to school and what religion they are raised in.

Working well with your ex for the sake of the children

Like many parents in Illinois, if you and your spouse are planning to divorce, your primary concern is making the transition as easy as possible for your children. You may be surprised to learn that, despite your differences, it is possible for you and your spouse to work together successfully as you continue to parent your children.

Often, the way parents behave toward each other can make a difference in the stability children feel following a divorce and the positive adjustment they make in the years afterward. You may not be able to control many things during this emotional time, but you can control the way you interact with your child's other parent, and this can potentially produce a healthier atmosphere that is relatively conflict free.

Arrange A Free, Half-Hour Consultation

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Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


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Ryan Family Law P.C.
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Elgin, IL 60123

Phone: 847-586-0161
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