Sometimes life simply does not work out as we plan. This can include marriage, but also the divorce agreement that is put in place at the end of the divorce process. Over time, some of our life situations change, which necessitates the need for divorce modification. If you and your ex-spouse agree on the necessary adjustments, the process is relatively stress-free. If you do not see eye-to-eye, it becomes more complicated.

Timing is Everything

If you need to modify the property division terms, you must do so before the period for appeal expires. According to Illinois law, you have 30 days after the filing of the final divorce agreement to file a motion, after which, only specific topics qualify for amendment. The topics eligible for modification include parenting time, child support, and spousal maintenance.

Burden of Proof

To alter your standing agreement, you must have sufficient evidence supporting the claim that a modification is necessary. A divorce decree can only be modified if there is proof of a significant change in one or both parties’ circumstances. What constitutes substantial change is different for every case and is based on the sole discretion of the court. Conditions which may warrant an adjustment include a change in employment, change in marital status, serious health problems, and relocation.

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Divorce is one of the hardest decisions anyone can make. Unfortunately, the adjustments do not end as soon as the divorce agreement is finalized. Eventually, life does move forward, and both parties will begin new relationships that may result in marriage.

When children are involved, starting a new relationship means inviting someone else into their lives, something that should not be taken lightly. Here are some tips to help you co-parent with your ex-spouse’s new significant other:

Keep Your Feelings in Check

Effective co-parenting is essential for the well-being of your child. Although it is natural to experience moments of jealousy, anger, sadness, or regret, it is essential not to allow that to interfere with the task at hand: effective co-parenting. If you recognize these emotions within yourself, use your support system to work through them. Take this time to lean on your friends, family, or a therapist so when it comes time to interact with your ex’s new partner, you can maintain a cool, calm, and collected demeanor.

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Divorce laws can seem daunting for individuals who face the end of their marriage. As of January 1, 2019, Illinois regulations became slightly more complicated as new laws swept across the state and country. One significant alteration to the Illinois Marriage and Dissolution of Marriage Act drastically impacts tax claims on spousal maintenance payments.

Spousal Maintenance and Taxes

Until now, alimony has been tax deductible to the payer and taxable income for the recipient. However, for divorces filed after the beginning of the year, spousal maintenance no longer qualifies as a tax deduction to the paying spouse. Simultaneously, the recipient can no longer claim the payment as a part of gross income. Because of the tax implications, this caused a rush on divorces toward the end of 2018, as experts say couples now have less to split between them because of the law change.

The Grandfather Clause

Did your divorce finalize on or before December 31, 2018? If so, you still qualify for the previous tax regulations. If you did not sign your agreement until after that date, or you modified your contract, the new rules become applicable. Anyone considering adjustments to their divorce agreement from now on should be extremely cautious, and as always, seek the assistance of an experienced attorney.

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Divorce mediation is quickly gaining popularity and is replacing divorce litigation as the “go-to” method of divorce for many couples. Why? No one wants to spend more time with their soon-to-be-ex-spouse than necessary, right?

Increasingly, that is not the case. Mediation allows divorcing couples to work together to create solutions that work best for their unique circumstances. The decisions are more personalized than those produced by a judge. Mediation also prepares couples for the collaboration needed for successful co-parenting.

Let us take a look at some of the leading benefits of choosing divorce mediation:

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[caption id="attachment_2188" align="alignright" width="300"] Wheaton, IL Divorce Lawyer[/caption]

The divorce process differs depending on if there is a history of child abuse or spousal abuse within the home. These allegations and charges, regardless of their outcome, play a pivotal role in child custody and visitation and spousal support determinations.

If you or your children are in danger of abuse, the most important thing is to get out of harm’s way. If you believe divorce is the right option for you, here is how abuse may affect your proceedings:

Parental Responsibilities

Illinois centers its child custody laws around the idea of what is “in the best interest of the children.” If you are in an abusive relationship and the physical or mental well-being of the child is in danger, it is critical you remove yourself and your children from the situation.

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