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Naperville divorce attorneyDivorce is full of difficult situations. Even making the decision to get a divorce can seem impossible. Perhaps one of the hardest situations that you will have to deal with during your divorce is breaking the news to your children. Depending on your circumstances, your children may already suspect that something is awry. If there has been constant fighting in the house, your children are likely aware of the fact that you and your spouse are unhappy. There is no way to predict how your children will react to the news of a divorce; each child processes and copes with the news differently. Though this can be a difficult time for everyone, here are a few tips to help you tell your children that you and your spouse are getting divorced:

Act as a Team

This may be difficult for some couples, but telling the children about your decision as a team can make a world of difference. Even if the decision to divorce was not mutual, it is important that the children see that you and your spouse can still work together. After all, you will always have a common connection -- your children. 

Plan What You Will Say

This is one conversation that you do not want to make up as you go along. You and your spouse should sit down and plan out some talking points that you want to get across when you tell the kids that you are getting divorced. You both should be sure that your child understands that the divorce is not their fault, but rather a matter between you and your spouse. You should also remind your kids that you both love them very much, regardless of your marital state.

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Naperville prenuptial agreement attorneyEveryone thinks that marriage is forever — and for many people it is. But for some Americans, divorce is still very much a reality. Depending on the source, the divorce rate has lingered around 40 to 50 percent for the past decade or so. Getting a divorce can turn your entire life upside down and can even change your financial situation for the worst. One thing you can do to protect yourself before you get to that point is to get a prenuptial agreement.

A prenuptial agreement is a legal document that you can use to dictate how certain things will be handled in the event of a divorce. This can be greatly beneficial in reducing the amount of conflict and the length of time it takes to complete a divorce if you and your spouse ever get to that point. In order for your prenuptial agreement to be enforceable and valid, there are certain things that are not permitted in a prenuptial agreement and certain rules and procedures you must follow when creating one. Here are a few mistakes you should avoid while creating your prenuptial agreement:

1. You and Your Spouse Did Not Have Different Attorneys

One of the basic requirements of a prenuptial agreement is that you and your spouse both have independent legal representation. If you and your spouse do end up getting a divorce, what is best for you may not be what is best for your spouse. A single lawyer cannot advocate for both you and your spouse equally.

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DuPage County Joint Simplified Dissolution of Marriage lawyerYou have had it up to your ears with your spouse, and your spouse is fed up with you. You both know that you want to end the marriage, but you both also know how stressful, long and drawn out divorces can become. You know you want something that is as quick and easy as possible. 

One option that you may have is to apply for a joint simplified dissolution of marriage. This type of divorce is expedited and can allow you and your spouse to complete a divorce much quicker than a traditional divorce. Importantly, there are certain requirements that couples must meet in order to qualify to use a joint simplified dissolution of marriage.

Requirements for a Simplified Divorce

Only certain couples qualify to file for a joint simplified divorce. According to Illinois law, the following requirements must be met before a couple can file for a simplified divorce:

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Naperville asset division divorce lawyerToday, nearly three million ex-spouses within the United States earn Social Security benefits from their former spouse's work records. If you or your ex have Social Security benefits and are officially divorced, you may want to know what rights you have under the law. Additionally, if you are considering divorce, you will want to understand what your spouse is likely to claim in the future. This information can directly impact the divorce judgment with regards to property division and support claims. Consider the following regulations:

Length of Marriage

According to the United States Social Security Administration, if you are divorced, but your marriage lasted at least ten years, an ex-spouse can receive benefits from another spouse’s record. An ex-spouse is still eligible even if the benefiting spouse has remarried. However, if the non-benefitting ex remarried, they can no longer make a claim, unless their new marriage ends, either by death, divorce, or annulment.

Qualifications

A divorced spouse has “divorced spouse benefits” equal to one-half of their spouse's retirement or disability benefits. An ex must meet the following qualifications:

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Naperville divorce lawyer alimony taxesWhile no two divorces are identical, they all have one thing in common: they are complicated and stressful. Experts suggest that the only event more stressful than divorce is experiencing the death of a spouse or a child. Even if you and your spouse experience an amicable, mutual separation, and there are only minor disagreements, the process itself is made up of many legal facets that must be resolved before it can be finalized. From child-rearing to finances, the division of a marriage into two separate lives can become troublesome. As if that were not enough, some brand-new divorce laws become effective as of January 1, 2019.

If you are considering divorce now or in the future, these new laws may affect your situation:

Spousal Maintenance Will No Longer Be Tax Deductible

Before 2019, spouses ordered to pay spousal maintenance or alimony were given a substantial deduction during tax season. This deduction often eased the sting of a monthly payment. Experts believe that now, spouses may argue to pay less in alimony as a result.

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