DuPage County divorce lawyersSeparating your finances and assets in a divorce can be a contentious and downright frustrating process. Matters can be made worse once parties learn that a divorce decree does not protect them if a spouse fails to make timely payments on a joint credit account. Thankfully, it may be possible to reduce the risk of long-term credit and financial damage after divorce. Learn how, and discover what an experienced divorce lawyer can do for you, with help from the following.

The Truth About Debt and Divorce

While most people recognize that assets are divided in a divorce, not everyone realizes that debts must also be divided. To determine who owes the debt, the courts will examine several different factors, including who benefited most from the debt and who originally took out the line of credit. Debt is then assigned to the parties, much like assets, but that is where the similarities between debts and assets end.

Creditors are not obligated to consider a divorce decree. Instead, they have a contract with the original borrower of funds – this is who they turn to when payments are not made. The original debtor is also the person who takes the hit to their credit, should the debt continue to go unpaid or get sent to collections. In short, it is the individual who originally took out the debt who suffers the negative effects of unpaid debt, regardless of what the divorce decree says.

Mitigating Against the Risk of Unpaid Debts

There are many strategies that individuals can use to mitigate against the risk of unpaid debts after divorce, but one of the most effective is to simply pay off all debts prior to filing. Alternatively, debtors may wish to pay off any debts in their name once they receive their divorce settlement, regardless of who is deemed responsible in the decree. Lastly, individuals will want to ensure they have removed their spouse as an authorized user on all accounts, unless, of course, it is a joint account that is owned by both parties.

Our DuPage County Divorce Lawyers Can Protect Your Financial Future

At Stock, Carlson, Oldfield & McGrath, LLC, we take the time to ensure you understand the implications of any decisions you make during divorce. We also help you plan for the undesirable aspects of your case, such as the distribution of debt and assist you in strategizing for the future. Learn more about what our DuPage County divorce lawyers can do to protect your financial well-being by scheduling a personalized consultation. Call 630-665-2500 today.



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DuPage County family law attorneysMany people move on to have happy and healthy relationships after a divorce. Some even remarry, perhaps for the last time. However, the divorce rate for second and third marriages is substantially higher than the rate of divorce for first marriages. Furthermore, there are some challenges, both in terms of money and relationships, that couples may face in a subsequent marriage. Some can be mitigated with frank and honest discussions, but others may require legal documentation. Learn more about how a prenuptial agreement can mitigate against issues in your second marriage, and how an experienced attorney can help.

Examining the Challenges of Subsequent Marriages

When a divorced individual remarries, they may lose out on certain benefits from their first marriage, such as alimony or social security benefits. Such losses are damaging enough, in and of themselves, but when children from a previous marriage are added into the mix, things can become extremely complicated. For example, if each party has their own assets from before the marriage and the items then are co-mingled during the union, children may stand to lose an inheritance, educational fund, or another asset if their parent and step-parent divorce.

Another common challenge in subsequent marriages involves the advanced age of the marrying individuals. Some may be nearing retirement and may have a retirement account or other form of savings that they will use to support themselves and their new spouse. Unfortunately, if the couple then divorces, the retirement account may (depending on the circumstances) be considered a part of the marital estate. To prevent this from happening, parties may want to ensure they agree upon how assets will be disbursed, should they later divorce.

Understanding the Role of a Prenuptial Agreement

Prenuptial agreements can be used to protect real estate, property, and other assets, should the couple ever divorce. As such, it can ensure proper protection in a second or third marriage – and not just for the marrying parties, but also for any children or step-children. Couples can discuss their concerns, their fears, and what they feel they may be entitled to if divorce ever becomes a reality. They can also set ground rules for how money and other assets will be used over the course of the marriage, which can reduce the likelihood of money-related arguments.

Contact Our DuPage County Family Law Attorneys

At Stock, Carlson, Oldfield & McGrath, LLC, we recognize the importance of careful and thoughtful planning. Dedicated to your best interests, we can examine your situation and help you understand your options. At every turn, we protect your financial future. Schedule a personalized consultation with our DuPage County family law attorneys to get started. Call 630-665-2500 today.



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DuPage County family law attorneysFamilies have changed significantly over the last several years, and that includes the way that they do divorce. In fact, one trend is gaining some serious momentum among divorcing parents. Known as birdnesting, or just nesting, it is a parenting plan that bucks all things traditional. The following can help you understand this new way of parenting after divorce, and it can help you decide if it may be the right option for your family.

What is a Nesting Divorce?

In a traditional divorce, one parent might keep the home and the children might go and visit the other parent at their home. In a nesting divorce, the children keep the home (so to speak). They reside there full-time, and then parents take their turns rotating in and out of the home to care for the children. Some couples also have a joint apartment where each one stays while the other is with the children.

Pros and Cons of a Nesting Divorce

While every parenting plan has its own set of pros and cons, those in birdnesting divorce are highly unique. Couples share living space, household chores, and may even sleep in the same bedroom, just at different times. While, on one hand, this could help each party save money (depending on the situation), it requires a great deal of cooperation and respect for one another’s privacy and personal space. Schedules can also become a bit more complicated in a birdnesting divorce, especially if parties are also sharing a joint apartment.

However, many couples find that the pros greatly outweigh the cons. In fact, many say their children adjust better after divorce, and they may experience fewer emotional issues because they are not uprooted, and their schedules often resemble their pre-divorce schedules. Another major benefit is that couples can slowly transition to a living arrangement that is more suitable as their children grow; after all, birdnesting may not be needed until they are adults.

Deciding if Birdnesting is Right for Your Family

Only you can decide which parenting plan option is most appropriate for your family, but Stock, Carlson, Oldfield & McGrath, LLC can help you understand the potential benefits and consequences of your choices. We can also guide you through the divorce and parenting plan process to help mitigate against any issues. Schedule a personalized consultation with our DuPage County divorce lawyers to get started. Call 630-665-2500 today.



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