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DuPage County retirement asset division lawyerGetting a divorce involves dealing with many different types of legal and financial concerns. While you may be primarily focused on matters such as the custody of your children or the ownership of your property, you will need to understand how your divorce will affect your financial future. If you have begun saving for retirement, understanding what will happen to these savings will be crucial for ensuring that you can maintain financial stability later in life. An experienced divorce attorney can help you determine how to divide retirement accounts and pension benefits with your spouse.

Division of Retirement Plans and Pensions

During your divorce, you and your spouse will need to divide all of your marital property. This includes most of the assets that you acquired, either together or separately, during your marriage, as well as your marital debts. While Illinois law does not require assets to be divided equally between the two of you, it does state that your property should be divided in a fair and equitable manner. 

Either you or your spouse may own one or more retirement accounts, such as 401(k)s or IRAs, and these accounts may contain funds that you have deposited or had withheld from your income, as well as contributions from your employer matching a percentage of the amount you have saved. All funds contributed to these accounts during your marriage will typically be considered marital property, and during divorce, they can be split between you and your spouse, or you may make other arrangements, such as one spouse keeping the majority of a retirement account’s funds and the other spouse maintaining ownership of the family home.

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Naperville IL divorce lawyerWe experience stress every day, whether we are at work, at school, or even just dealing with mundane tasks, but major life events like a divorce can put even more stress on you as you deal with the immense pressure of making decisions that will affect you and your family for the rest of your life. Fortunately, there are certain things you can do to help yourself through this troubling time. Here are a few tips to help keep your stress levels to a minimum during your divorce:

#1. Get Your Priorities in Order

Before you even begin making decisions in your divorce, you should know what you want out of the divorce. What is most important to you? Do you want to make absolutely sure that you get your fair share of the marital property? Or are you more concerned with getting the parenting time you want? Figure out what your priorities are, and focus the majority of your time and energy on them.

#2. Allow Yourself to Grieve

Technically, a divorce is the ending of a legal relationship, but as much as it is a legal matter, it is also an emotional matter. You are ending what was once a very important relationship in your life. It is only natural that you feel sad, angry, or even depressed. Allowing yourself to fully feel what your body and mind are telling you to feel is the only way you can grieve, heal, and move on with your life.

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Can I Become My Sibling’s Legal Guardian in Illinois?Unfortunately, not all children have two parents who love and properly care for them. Some children must endure the tragedy of losing one or both parents at a young age, while others have their parents stripped from them as decided by the court system. In most cases, these difficult decisions being made by the court are in the best interests of the child, even if the child is too young to see it that way. If family members are unable to care for the adolescent, they will be entered into the foster care system to be taken care of by volunteer foster families. However, for those who have siblings age 18 or older, they may have an alternative option: legal guardianship.

What Is Legal Guardianship?

Many children who are on the brink of joining the foster care system have spent much of their lives caring for themselves or have been lucky enough to have an older sibling who has taken on a parental role in their lives. However, without legal guardianship rights, the child will not be able to remain in their care. Illinois law allows all adolescents to have at least one legal guardian, and in the absence of their parents, a close family member may take on this role. Children over the age of 14 can grant consent to guardianship requests, but those under this age must rely on the court’s decision. In Illinois, anyone who is age 18 or older, is of “sound mind,” has not been convicted of a serious crime, and is deemed acceptable by the court can apply to be the person’s guardian. The qualifications may seem somewhat minor, but the court’s impression of the guardianship applicant can make or break your case.

What Does the Court Look For?

As is the case with all Illinois legal proceedings involving children, the court’s main purpose is to make a decision in the best interests of the child. There are a few considerations that the court will keep in mind when hearing a guardianship case:

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How to Encourage Your Fiance to Enter Into a Prenuptial AgreementThere are situations where creating a prenuptial agreement is both prudent and necessary. For instance, you may have significant premarital assets that could potentially become entangled with your marital assets. A prenuptial agreement would clearly identify the properties that belong to you in the event of a divorce. However, asking your fiance for a prenup can be uncomfortable. If you ask in the wrong way, you risk damaging your relationship and possibly endangering your marriage. To avoid a negative reaction, you should discuss getting a prenuptial agreement in a way that allows your fiance to feel comfortable and in control of the process.

Start the Conversation Early

You can broach the subject of getting a prenuptial agreement before you get engaged, letting your partner know that it is something you are considering. That way, your fiance should not be caught off guard when you talk about it after your engagement. Ideally, you want to negotiate and complete the agreement months before your wedding. There are several reasons why a last-minute prenup is a terrible idea:

  • Your fiance may feel like you are pressuring them if you ask for a prenuptial agreement only a few weeks before the wedding.
  • A divorce court may later find your agreement to be invalid if your spouse claims they signed it under duress.
  • Your fiance needs time to consider your request and find their own legal representation.
  • The weeks leading up to a wedding are already hectic and stressful without adding the need to negotiate a prenuptial agreement.

Make It a Collaborative Effort

Though you may have a greater interest in creating a prenuptial agreement, your fiance needs to feel like an equal partner in the process. This starts with being honest about why you want a prenup and explaining how the agreement could benefit you both. Encourage your fiance to hire their own family law attorney to make sure they have someone who is representing them throughout the process. Conduct the negotiations in a way that gives your fiance an equal voice in deciding on terms of the agreement. Creating a prenuptial agreement together can be practice for how you will collaborate when you are married.

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Naperville Family Law AttorneyThe mental fitness of each parent can be an important factor when determining who should receive greater responsibility for the children following a divorce or separation. A family court or one of the parents can request a psychological evaluation of the other parent if they believe that the other parent’s mental condition may affect their ability to care for the children. You may be understandably upset if your co-parent questions your mental wellness. However, undergoing a psychological evaluation does not guarantee that you will lose your parental rights, and behaving calmly and cooperatively is the best way to prove that there is no reason to worry about your mental condition.

Granting an Evaluation

Though your co-parent is allowed to request that you undergo a psychological evaluation, the court will determine whether to grant that request, based on whether it believes that your co-parent’s claim has merit. The court understands that a psychological evaluation is invasive and expensive and will order one only if it is convinced that there are serious concerns about your psychological condition that may affect your parental fitness. If your co-parent is the one who initially requested the evaluation, they will be required to pay for it.

Protection Against Baseless Claims

Your co-parent is not allowed to use requests for psychological evaluation as a way to harass you or prolong the trial. Baseless allegations against you should be rejected and may damage your co-parent’s credibility when they try to make other arguments during your case.

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