In Divorce what do you do With the House?

A divorce includes the legal end of a marriage. A judge reviews and approves the divorce settlement or, if spouses cannot concur to a settlement, decides how property is divided and how parenting time is shared. Until you get the court order signed by the judge, you aren’t officially divorced and cannot remarry. The rules which are different in every state include how long you have to reside in the state prior to you being able to file for divorce, how long you have to wait prior to your divorce being completed after you file, and how the state will treat alimony and child support.

If you have any questions about the Illinois divorce process, contact us today at our Illinois divorce attorney office at (312) 884-1222.

Here include the basic choices you have to handle the house after and during the divorce.

In most divorces, the family house is the pair’s largest asset. It also can be an extremely emotional item. It’s highly likely that you and your spouse determined in happier times that it was the place you wanted to spend the rest of your lives together, and it might be where your kids have lived the majority of their lives. It can make it challenging to let go and assign a value to it.

Due to the home being so valuable and important, it may be the linchpin of negotiations for a settlement of property. Determining what you are going to do with the property oftentimes assists in putting additional property issues into perspective, both emotionally and financially.

There are 3 typical methods of dealing with a family house in divorce:

Sell the Home

If neither spouse wants to—or is able to afford to—remain in the home, it’s possible to place it on the market and attempt to get the best price for it. Downsides include the costs of sale and forcing the children to move at a rough time in their lives, yet most individuals would prefer to have the funds from the sale than to keep a home which reminds them of a better time.

Negotiate a Buyout

The buyout is when one partner releases her or his interest in the home in exchange for money–or a promise of money in the future. It isn’t unusual for one partner to be more attached to the home than the other, or for a parent who’ll be the primary caregiver for the children to wish to remain in the home with them. There are lots of things to think about in a buyout.

Continuously Co-Own the Home

Occasionally, neither a buyout nor a sale makes sense, and partners decide they want to keep the property and make arrangements to continually co-own it for a predetermined span of time or perhaps indefinitely. Arrangements must be clear, because the partners basically are in a business relationship as property co-owners as the divorce is finalized.

If you have further questions about the Illinois divorce process, contact us today at our Illinois divorce attorney office at (312) 884-1222 or fill out our easy contact form for a free consultation.

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In Divorce Who Gets the House?

 

If you are in the middle of a divorce, and want to keep your family home, there might be great reasons to fight for it. Because keeping a home or selling it after divorce may be a huge, life-changing event, it is vital that you know your reasons are sound, and that keeping your house is going to be in your best financial interest.

The children: School-aged kids might be traumatized by your divorce, and having to move might add to their emotional distress. If you are concerned about this and are not certain what is best for the family, consider talking to a family therapist or child psychologist who is able to assist you in figuring it out.

Emotional attachment: It is oftentimes an extremely emotional decision whether you should keep your family home; and even though emotional attachment isn’t necessarily a ‘great’ reason, it is an understandable one. Most spouses will become attached to their house because, for instance, they have put a lot of work into constructing their dream home, and it will hold many good memories, or because their house has been within one spouse’s family for generations.

There of a lot of good reasons to attempt to keep your family home, yet there also are a few not-so-good reasons: greed, vindication, control, and spite. Do not allow the emotional elements of a divorce to cloud your otherwise good judgment. As it is simple to see why it may be difficult to leave, you additionally must consider what actually is best for you in the long term.

If fighting to keep the house, be certain you can afford it

These days, families must balance their desires and wants against the occasional difficult financial realities of life following divorce. Not every family has the ability to sustain the same lifestyle they once had before divorce.

As it’d be great to stay where you are comfortable and avoid the troubles of moving, remaining may not be the ideal financial determination. No matter how attached to the house you are, it is important that you have a realistic sense of whether it’s possible to afford it. If you give everything else up to keep your house, then discover that you cannot afford the maintenance, property taxes, and mortgage, you might end up in severe financial trouble.

It might be smart to employ a financial advisor, or speak with somebody who understands financial planning, to assist you in determining whether, after your divorce, you will have the ability to afford the costs of the house and still cover your additional financial needs (like retirement savings).

It is best to talk to an experienced Illinois family law attorney in order for you to ensure you are protecting your legal rights, as you respect those of your partner: if you violate your partner’s rights within a divorce, perhaps by selling your home without permission, the judge might order a fine or more serious penalties against you.

If you have further questions about the Illinois divorce process, contact us today at our Illinois divorce attorney office at (312) 884-1222 or fill out our easy contact form for a free consultation.

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Tips for Parents who are Divorcing Part 2

Here are some tips on how to get along well enough with your ex to make sure your children’s emotional and physical needs are met and help your children get through the divorce feeling loved and secure. This is part 2 of a 2-part series.

(13) During time to pick up, don’t honk the car horn in front of the additional parent’s house. But, do not go in the house either – unless you’re invited in. Arrive on time for drop-off and pick-up and have your kids prepared to go.

(14) Transfers may be uncomfortable times. Be patient and kind with one another and the kids.

(15) Never place your kids within a position in which they must select between parents or determine where allegiance lies.

(16) Expect the kids to feel guilty, confused, abandoned and/or sad, in response to your separation/divorce. Acknowledge these feelings as being normal and tell them that although the family is going through a big change, your ex-spouse and you always are going to be their parents.

(17) Keep in mind, even if the additional spouse disappoints your youngster or doesn’t honor a commitment, tell your youngster that despite her/his shortcomings, the additional spouse loves the youngster a lot.

(18) If the children want to chat, just hear them out.

(19) Keep kids informed of the details of their lives and the divorce/separation so they’re able to understand.

(20) Sustain as many continuation of environment, relationships, and rituals as you can for the kids.

(21) If you must modify the schedule, alert the additional spouse as soon as you can.

(22) Your youngster’s relationship with parents influences his/her relationships for the remainder of his/her life. Permit him/her to love each parent without the fear of hurting or angering the other.

(23) Keep in mind that schedules must occasionally change in order to accommodate your youngster’s development and the additional parent.

(24) Keep money problems separate from parenting problems.

(25) You’re stuck with one another. One day, you’ll be Grandfather and Grandmother to the same babies. Think about cooperating with each other to build communication and trust up.

(26) Tell the kids of your pending separation together prior to one spouse leaving. If possible, prepare a transition time.

(27) Make sure that girlfriends, boyfriends, and potential step fathers/mothers stay out of the divorce, go slow, and do not interfere in a youngster’s relationship with either of her/his biological parents.

(28) Divorce isn’t an event, it’s a process. Permit your ex-spouse, yourself, and the kids at least 2 years for a readjustment period.

(29) In itself, divorce won’t destroy the kids. It’s your reaction to divorce which will have the power to damage their coping mechanisms.

(30) Do not use the kids to fill your necessity for companionship. If you do not have a life, GET ONE! It’s critical to the recovery of your children and you.

If you have further questions about the divorce process, contact us today at our Chicago child visitation attorney’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

Tips for Parents who are Divorcing Part 1

Co-parenting with an ex-partner will have its challenges, not the least of which includes communicating with somebody you might’ve been thoroughly unable to speak to, or even be within the same room with. But, your kids deserve the best out of both parents, whether you can stand one another or not.

Below are tips on how you can get along long enough with your ex-spouse to make certain your youngster’s physical and emotional needs are met and assist your kids in getting through the divorce feeling secure and loved. This is part 1 of a 2-part series.

(1) Divorced parents may succeed at co-parenting.

(2) If you haven’t already done so, call a truce with your ex-partner.

(3) Set up a business relationship with your ex-partner. The business includes the co-parenting of your kid(s). In a business relationship there aren’t any expectations of approval and emotional support or emotional attachments. Appointments will be made to discuss business, meetings will take place, agendas will be provided, and discussions concentrate on the business at hand. Everybody is formal, polite, courtesies are observed, agreements are explicit, and communication is direct, written, and clear. You don’t have to like those you do business with, yet you must place negative feelings on the back burner to do business. Relating within a business-like way with a previous partner may feel awkward and strange. If you find yourself behaving within an ‘unbusiness’-like way, abruptly end the discussions and continue them at another time.

(4) Provide the other spouse the benefit of the doubt. Don’t second-guess her/him concerning rewards or discipline.

(5) Don’t suggest potential plans or directly make time arrangements with kids under twelve, and always confirm all arrangements you’ve talked about with an older kid with the additional spouse as soon as you can.

(6) Return and send kids who are fed, rested, and clean.

(7) Don’t use caller ID or an answering machine to screen calls from the additional spouse, or restrict phone accessibility between your kids and the additional parent. Make sure that the kids are available to talk with the additional parent on the phone up until their actual bedtime.

(8) Don’t talk about divorce disputes with your kids or permit them to overhear you talk about these problems with other people. Don’t speak ill of the additional parent or her/his relatives, loved ones, or friends in front of the kids. Don’t use facial expressions, body language, or additional subtleties to express negative emotions and thoughts regarding the other spouse.

(9) Don’t send money or messages with your kids.

10) Support your kid’s right to visit their extended family and grandparents. Kids benefit from knowing their heritage and roots. Keep in mind, neither extended family is worse or better than the other – they’re just different.

(11) Don’t ask your kids for information regarding the other spouse’s household, activities, income, or friends.

(12) Don’t act as a referee, mediator, or defense lawyer between your kids and the additional parent.

If you have further questions about the divorce process, contact us today at our Chicago child visitation attorney’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

Stay tuned for Part 2

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Child Custody Terms Defined

Child custody may be an extremely contentious factor in a divorce—and occasionally, the language which we use to define and discuss child custody arrangements also can be the topic of debate.

Physical and Legal Custody

The basic words are not overly controversial. ‘Legal custody’ can be defined as the right to make decisions concerning your youngster—things such as education (home-schooling, private, or public), medical/dental care (braces), and religious upbringing. The term ‘Physical custody’ will refer to the youngster’s physical presence in the home.

If you need help gaining custody of a child, contact us today at our Chicago joint custody lawyer’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

Sole and Joint Custody

The terms ‘joint’ and ‘sole’ may slightly be more complex. It is common for parents to share joint custody in order for them both to possess the legal right to have a say within decisions regarding the youngster. Unless the parents cannot get along whatsoever and each decision might be a battle, judges likely will award joint legal custody. However, as it looks as if joint legal custody might trigger conflict, a judge will award one spouse sole legal custody, or will occasionally designate one spouse as having a ‘tie-breaker’ vote if there is a disagreement.

The truth that two parents are not good at making decisions with one another does not mean that they do not both wish to play a substantial part in a youngster’s life. For the parent who is highly involved with a youngster, a ruling that the additional spouse receives sole legal custody may feel similar to a slap in the face. On the other hand, a spouse who does a good amount of the daily caretaking might feel as if a designation of joint legal custody won’t acknowledge that part.

While the words do possess legal significance, because a spouse who has sole legal custody might overrule the additional spouse’s wishes, the terms become irrelevant if your spouse and you work collectively to make the ideal decisions for your children.

As it will come to physical custody, some of the exact same problems may arise. Even if the youngster does not spend equal time with both parents, parents may share joint physical custody—joint physical custody merely means that the youngster spends substantial time with each parent. Oftentimes, a parent who spends less than 50% of the time with a youngster still will consider it critical that the legal designation be for joint custody.

However, if the youngster primarily lives with one parent, a court often will award that spouse sole physical custody, typically with ‘reasonable visitation’ to the additional spouse. A spouse with whom the youngster resides a majority of the time often is referred to as the ‘residential parent’ or ‘custodial parent.’

If you need help gaining custody of a child, contact us today at our Chicago joint custody lawyer’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

 

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Factors the Judge Might Consider when Determining Custody

Every state uses a ‘best interest of child’ standard within custody cases that are disputed. It’s a rather amorphous standard, and a standard which lends itself to judges’ subjective thoughts concerning what is best for kids. Though, there will include some factors you can expect a judge to take into account.

Age of children

Even though the ‘tender years’ doctrine has been out of fashion officially, a few judges still think that younger kids should reside with their mothers, particularly if she has been the main caregiver.

Parent’s living situation

Occasionally, the parent who remains in the family house is given custody of the kids because it permits the kids continuity and stability in their day-to-day lives. At times, the parent who has custody is given the family home, for that same reason. If you’re crashing over your friend’s basement as you get back on your feet, do not expect to gain main custody of the children. If you want to spend a substantial quantity of time with the kids, ensure your home situation reflects this. The proximity of your house to your partner’s also may factor in to a judge’s decision. The more nearby you are, the more likely a judge is going to order a time-sharing plan which provides both parents substantial time with the children. The locality of their school, as well as sports and social activities also may matter.

If you need gaining custody of a child, contact us today at our Chicago child custody lawyer’s office at (312) 884-1222.

Parent’s willingness to support the other spouse’s relationship with kids

A judge will check out your record of cooperating—or not— with a partner regarding the parenting schedule. A judge also might want to know things such as whether you bad-mouth your partner in front of the children or, in any way, interfere with visitation. The more cooperative individual will have an edge within a custody dispute—and an individual who obviously is attempting to alienate a youngster from the additional parent is going to learn the hard way that the court doesn’t look kindly upon this kind of interference.

Kid’s preferences

If kids are old enough—typically, older than twelve—the judge might speak with them to figure out their preferences about visitation and custody. A judge additionally might learn about the youngster’s preferences from the custody evaluator.

Stability and Continuity

As it will come to kids, a judge is big on the status quo, due to most of them believing that piling up more change on top of an already traumatic divorce usually is not good for children. Therefore, if you are arguing that things are working out fine, you have a leg up on a partner who is arguing for a big change in the visitation or custody schedule which already is in place.

Neglect or Abuse

If there is evidence that either spouse has neglected or abused the kids, the judge will restrict that spouse’s contact with the kids.

If you need gaining custody of a child, contact us today at our Chicago joint custody lawyer’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

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4 Things to Know Regarding Divorce

 

Child CustodyGetting through a divorce might be easier if you are informed of the process before it starts. This post from our Chicago sole custody lawyer’s office provides 4 tips to aid in steering you through this tough time.

1. Court Isn’t All It Is Cracked Up to Be

As things aren’t going well within a divorce case, one partner might threaten to terminate negotiations and move forward with court proceedings. But, the path to a divorce trial is costly and long. The cost of a trial may deplete the assets which often are the subject of a dispute. Even simplistic matters may require several court days to complete, and upon spending thousands of dollars, partners and their lawyers are left with the uncertainty of how a judge might rule.

2. Think about Court Alternatives

Many individuals believe every divorce ends up in court. As a matter of fact, there are alternative methods of resolving divorce cases. One way includes ‘mediation’ where a mediator (neutral 3rd party uniquely trained to work on divorce cases) facilitates one-on-one negotiations between spouses and assists them in working out mutual agreements. This mediator often recommends that each partner consult with a lawyer as the mediation process is proceeding. But, these consulting lawyers do not attend these sessions.

Within a ‘collaborative divorce’ each partner employs a collaborative lawyer, and all parties concur to resolve the case without heading to court. A staff of professionals is gathered to help in the process of decision making. In addition to the lawyers, the usual staff involves mental health professionals (that function as child specialists and ‘divorce coaches’) and neutral financial specialist, like a financial consultant or accountant. Using emails, one-on-one negotiations, and phone calls, the partners and their collaborative staff address every problem in the case.

3. Develop an Inventory of Household Furnishings and Furniture and Create Copies of Critical Documents

Disputes about furnishings, furniture, and additional items of value, like a wine collection or costly piece of art, may be avoided by taking a full inventory of your house as follows:

• Capture photos of all items and photograph sets of smaller items, like dinner ware

• Utilize the front page of the said day’s newspaper within each photo to develop a ‘time stamp’ that avoids any claims that your photograph was captured at an earlier time

• Keep photographs in a protected, safe place

• Make a list of every item, which includes where they are located and the estimated value

• Obtain appraisals or request insurance inventories of items

4. You Should Have Reasonable Expectations

Occasionally, divorcing partners have objectives which are inconsistent with the law or are completely unreasonable. If you wish for your divorce case to be quickly resolved, you must know how the law will apply to your case and have an expectation that is reasonable concerning the outcome. You might want to consult with Chicago sole custody lawyers to gain a better understanding of your potential outcome in the case.

Sometimes, for different reasons, divorce cannot be avoided. In this case, it is best to contact someone who can be in your corner. For further questions, please contact our Chicago sole custody lawyer’s office at (312) 884-1222 or fill out our easy contact form for a free consultation.

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Search Title: 4 Things to Know Concerning Divorce

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