Elgin Family Law Blog

One of the most common assets sought after during an Illinois divorce is the family home. If a decision is made that one former spouse will retain the home, the next step is to determine how to handle the mortgage. Possibilities include retaining the original joint mortgage, refinancing the mortgage and loan assumption.

The mortgage loan assumption process tends to resort in the most confusion for divorcing couples. By assuming a mortgage, the partner who's keeping the home will take on the payment responsibilities without the need to refinance. Meanwhile, the other spouse is removed from the loan. If loan terms are favorable, assumption fees may end up being less than costs associated with refinancing. However, not all home loans have an assumable option.

Children in Illinois whose parents are divorced may benefit from staying in touch with their parents using social media. According to a study that appeared in the "Journal of Family Issues," a child's relationship with his or her parents after the divorce is a better predictor of him or her adjusting well to the divorce than the relationship between the parents.

The study looked at data on 400 parents and children who were 10 to 18 years of age. Researchers placed coparenting into three different categories that were identified as conflicted, moderately engaged and cooperative. They also identified such elements of the relationship between parents and child as inconsistent discipline, what parents knew about their child and how much closeness there was between them. Researchers found that the relationship between the parents did not make much difference, but children who had more contact with their parents also had a better relationship with them.

There are three stages to a divorce. The first is filing. The next is discovery, which involves both spouses sharing all financial information. Finally, the last is disposition, which may involve mediation or going to court. People in Illinois may be able to make this process less stressful by preparing ahead of time.

The most important preparation may be making sure that divorce is the best solution. Research into state divorce law may help with this decision. Once a person has decided, the next step should be getting important paperwork together. This should include ordering credit reports as well as getting copies of tax returns, mortgage information and any other relevant financial records. With this information, a person can create a post-divorce budget. Having a budget and thinking about goals after the divorce can help a person determine how to approach negotiations. People should also close any accounts shared with a spouse.

In determining who should have custody of a child after a divorce in Illinois, judges generally base their decision on the best interests of the child. Many factors are relevant in determining a child's best interests, and there are no hard-and-fast rules. In general, courts look at which parent is better able to provide consistency and limit the amount of disruption in the child's life.

The child's age is often relevant in determining custody. Younger children require more hands-on care, so the children's primary caregiver is often favored in custody disputes. Courts may also consider the child's wishes in determining custody, particularly if the child is older. Safety is a critical factor in determining child custody. If one parent is abusive or lacks the physical or mental capacity to act in the child's interests, then courts usually will favor the parent who is able to meet all of the child's needs.