Divorce has always been a potentially damaging process – especially for children. However, things have started to shift in family law over the last several years. More families are working together to ensure the health, happiness, and well-being of their children, even while they are going through the painful process of divorce. Known as the “child-centered divorce,” this phenomenon has even prompted some interesting trends, such as birds nest parenting and post-divorce selfies. If you would like to learn more about keeping your child at the center of your divorce, the following strategies can help.

Consider Your Timing Carefully

While there are situations that may dictate when you start the divorce process (i.e. domestic violence, etc.), most couples have the power to choose when they will begin. For those that have children, the timing should be considered carefully. Parents are encouraged to avoid divorce around the holidays and birthdays, during major family events, or when significant change is expected to occur. For example, if the child is about to start preschool, it may not be the best time to file. Instead, parents may wish to wait until their child has adjusted to their new school schedule to ensure they are ready and able to deal with the divorce.

Uncontested divorces, or those in which the parties believe they can reach an agreement on the details of their divorce, might seem simple and straightforward. However, there are numerous challenges and obstacles that can quickly take a divorce from an amicable situation into a contentious one. As such, divorcing parties are encouraged to seek legal support, even if they plan to pursue an uncontested divorce. Learn why, and discover where you can find the assistance that you deserve, with help from the following information.

Asset and Property Division

Couples that are pursuing an uncontested divorce might assume that assets and property are split evenly between them. However, Illinois is an equitable distribution state, which means the estate is divided “fairly.” Of course, the term "fair" can mean different things to different people, which is why this issue is one of the most common reasons that amicable divorces turn contentious.

Learning that the other parent of your child wants to relocate is a lot like a punch in the gut. Your child, whom you may only see part of the time, could move, perhaps hundreds of miles away. If the relocation is a success, you know that you will see your child less often. The after-school stops for ice cream will end. There will be no more pickups from dance class when your ex-partner is stuck at work. Thankfully, you can attempt to stop a child relocation before it happens. The following information explains further.

An Overview of the Relocation Process

Unless the other parent will be moving a short distance (limits are based on state and county laws), they must notify you, in writing, of their desire to move. Included in their notice should be information on when they intend to relocate, the address to which they are planning to relocate, and the duration of the relocation (some may be temporary). That notice is also filed with the court clerk. If you consent to the move, you can file a response letter with the court, giving the other parent permission to relocate. If you do not consent, you can contest the move, which places the decision in the hands of the court.

In divorce, it is not just the assets that are divided. Instead, divorcing couples must also split their debts. With more than 44 million student loan borrowers in the United States, all with a total debt of about $1.4 trillion, you can be sure that, in at least some divorces, there is a distribution of student loan debts. When and how does this happen? How might it impact your Illinois divorce? The following explains, and it provides details on where to find assistance with your case.

Marital versus Non-Marital Student Loan Debt

Like with assets, distribution of debt typically only debts that were acquired during the marriage. As such, student loans that were obtained before marriage are likely to be excluded from the marital estate. It is important to note, however, that student loan debt does not automatically become a part of the marital estate, just because the debt was incurred over the course of the marriage. Instead, there are several factors that may be used to determine whether the student loan debt is a part of the marital estate. These factors include:

In an Illinois divorce, the assets of a couple are valued and then divided equitably. What happens, though, when one of the parties decides they want more than they are entitled to receive in the settlement? In some cases, it could lead to asset hiding. Learn more about the risk of this deceptive practice, including how to tell if you may be at risk and what an experienced divorce lawyer can do to help mitigate against the potential damage.

Disadvantaged Spouses

Disadvantaged spouses are individuals who either do not earn money or have little knowledge of their marital finances. Some are stay-at-home parents or spouses. Others simply choose not to get involved with the financial aspects of their marriage. Regardless of the reason, these spouses are at an increased risk for asset hiding during divorce.