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Mevorah & Giglio Law Offices
630-932-9100
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DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
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Lombard divorce lawyersPreparing for retirement is a lifelong process that requires careful planning and thoughtful goal setting. Most married couples work on their retirement plan together, with many expecting to rely on savings that both spouses have accumulated throughout their lives and careers. However, when your marriage ends in divorce, those retirement plans can be turned upside down, and you and your spouse will likely need to adapt your retirement goals for your new life circumstances. In some cases, this means delaying your retirement date, but there may be other options as well.

What Happens to Retirement Savings in an Illinois Divorce?

What becomes of your retirement savings depends on whether the funds qualify as marital or non-marital assets. If you have a retirement account that was funded entirely before your marriage, it will be considered non-marital property, and you will likely be able to hold onto the entire amount. If you have contributed to an account both before and during your marriage, the pre-marriage contributions may also qualify as non-marital property, though it is important to maintain detailed records to clarify this non-marital portion.

Any contributions to a retirement account during your marriage will likely qualify as marital property, even if you and your spouse each have accounts in your own name. This applies to a variety of accounts including IRAs, pensions, 401(k)s, and more. These accounts will be considered in the division of marital property in your divorce, and if an account needs to be split, it is important to take action to minimize tax consequences and early withdrawal penalties. For example, you should obtain approval for a transfer incident to divorce in order to divide an IRA, and a Qualified Domestic Relations Order (QDRO) in order to divide employer-sponsored accounts like a 401(k).

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Lombard divorce attorneysOne of the most important things that divorcing couples should know is that the terms of a divorce resolution are legally binding. This means that violating them can have substantial legal consequences, in some cases including charges of contempt of court. If you believe that you may be facing such charges, an attorney can help you avoid them or defend against them.

What Happens When a Person is Charged With Contempt of Court?

Typically, contempt of court charges come about after one of the parties to the divorce files a petition for enforcement of the divorce order against the other party. This may happen after a person fails to pay court-ordered spousal maintenance or child support, or a party violates the terms of the allocation of parenting time or parental responsibilities.

A person who is found to be in contempt of court may be subject to a variety of penalties, including:

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DuPage County family law attorneysGetting a divorce is a major, irreversible decision that affects nearly every aspect of a person’s life. That said, some individuals and couples are confident that a divorce is the best option to free themselves from a failed marriage and make it possible to move forward with their lives. However, if you are not so sure that divorce is the right choice, you do have another option in Illinois in the form of legal separation.

What Happens in an Illinois Legal Separation?

In order for a legal separation to begin, you and your spouse must be living separately, and one or both of you must submit a petition to the court. As part of the judgment for legal separation, you and your spouse may need to reach an agreement on many of the same issues addressed in a divorce resolution, including spousal maintenance in a case of financial need, as well as child support and parental responsibilities if you and your spouse have minor children together. You can also choose to begin the process of allocating marital property, and in general, any new property that you or your spouse acquires after the judgment of legal separation will be considered non-marital.

Throughout the separation, you and your spouse will remain legally married, leaving open the opportunity to end the separation and reconcile. However, either of you can also choose to file for divorce at any point during the legal separation. This is a necessary step if either of you wishes to legally marry a new partner.

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Lombard, IL family law attorneyIf you share children with your spouse and have made the choice to divorce, one of the most important legal decisions you and your partner will have to make is which guidelines to include in your parenting plan. Under Illinois law, a parenting plan is a written agreement that designates certain decision-making responsibilities to each parent, outlining specific parameters that provide structure as to how children should be raised. Parenting plans also govern parenting time (visitation), which is a crucial piece of your family’s new structure following the divorce.

Responsibilities to be Discussed When Creating a Parenting Plan

With so many points to cover in your new parental dynamic, the details can be overwhelming to sort out, especially if there is tension between you and the other parent. If you are unsure of where to begin or what will be expected of you as a divorcing parent, familiarizing yourself with the responsibilities that will be allocated can help you organize your thoughts and concerns. Here are some foundational caretaking functions that will be addressed in a parenting plan:

  • Daily routines - Your children’s daily routines must be maintained, including bedtime and wake-up time, general hygiene practices, and mealtimes. In addition, children must be supervised at all times.

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Lombard child relocation attorney

The moment a couple decides to end their marriage, both spouses may face what feels like an endless list of challenges, especially if children are involved. Divorcing parents must address an entirely new set of concerns as they begin to navigate through different family structures and dynamics after the separation. Moving through the divorce process with children in the picture can be especially daunting, even for parents who are able to interact on a positive and productive level. The range of emotions experienced can be amplified in the wake of additional changes, such as relocation after the divorce.

Relieving Children’s Stress

No matter how amicable the decision to separate may be, it is inevitable for everyone involved to feel saddened by the dissolution of their family unit to some degree. For children who are used to living in the same home with both parents, it can be difficult for them to suddenly move. Deciding to relocate as a newly divorced parent is far from easy, but under certain circumstances, it may be necessary. Psychology experts report that the negative effects of divorce on children can be limited, depending on the other factors that are involved. Research shows that parents have the power to limit the extent of psychological harm to their kids after the divorce by choosing words and actions that support their children’s best interests. 

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from four offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

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