The divorce process is rarely easy, but it can be especially hard on children. As parents navigate through the challenges of divorce, including making adjustments to living arrangements, separating their finances, and establishing new routines, it is crucial to prioritize the well-being and protection of their children. An experienced attorney can play a crucial role in addressing issues related to divorce and child custody. In addition to handling legal concerns, parents will want to make sure their children are protected as much as possible. Here are some ways parents can ensure the safety and emotional stability of their children during this challenging time:

1. Shield Children From Conflict

A high-conflict divorce can have lasting negative effects on children's mental health and their overall well-being. Therefore, it is essential to shield children from contentious discussions or arguments between parents whenever possible. Parents may need to avoid discussing any divorce-related issues while at home so that they can avoid arguments that children may overhear. Negotiations of their parenting plan or other aspects of their divorce settlement may need to be handled through their attorneys to ensure that conflict can be minimized.

2. Maintain Routines and Stability

During uncertain times, it is important to maintain stability as much as possible, which will provide reassurance for children. Parents can make sure children understand that even though some things may change, certain aspects of their lives will remain stable. To provide children with consistency, it is a good idea for both parents to enforce the same rules and follow similar routines for meals, bedtimes, and other daily activities. Parents can also make sure children are able to continue participating in activities they enjoy, such as school sports, clubs, or hobbies. 

A divorce will involve a variety of complex issues. As you work to separate your life from your spouse, you will need to determine how to divide your marital property. The decisions made about ownership of different assets can have a significant impact on your financial stability both immediately after your divorce and in the years to come. One area that requires careful consideration is the division of retirement assets. If you or your spouse have retirement accounts, such as a 401(k) or IRA, or if you earn pension benefits, you may need to use a Qualified Domestic Relations Order (QDRO) to divide these assets. An attorney who has experience addressing complex financial issues related to divorce can provide guidance on the use of QDROs and other aspects of the asset division process.

What Is a QDRO?

A Qualified Domestic Relations Order is a court order that allows transfers from retirement plans during a divorce without the requirement to pay taxes or fees for the early withdrawal of funds. It establishes an alternate payee's right to receive benefits payable under a retirement plan. In simpler terms, a QDRO ensures that both parties receive their fair share of any retirement benefits accumulated during the marriage.

When Do You Need a QDRO?

The need for a QDRO depends on the type of retirement account being divided. Generally, if you are dividing employer-sponsored plans like a 401(k) or pension, you will likely need a QDRO. However, individual retirement accounts (IRAs) typically do not require one. For these types of accounts, a similar method known as a “transfer incident to divorce” may be used to divide assets between spouses.

Of the various issues that must be resolved during a divorce, the division of marital property can be particularly challenging. In Illinois, the law states that marital property should be divided equitably between spouses in a divorce. However, this does not necessarily mean that all property will be split exactly equally. By understanding what factors will be considered when dividing marital assets, divorcing spouses make sure they are addressing this issue correctly, and they can make sure their rights will be protected as they make financial decisions and work to dissolve their marriages.

Marital Property vs. Separate Property

In Illinois divorces, not all property is subject to division between spouses. Only marital property will be considered when it comes to equitable distribution. Marital property refers to assets acquired during the course of the marriage, regardless of which spouse obtained them. Debts accrued by either spouse must also be divided during the divorce process.

Separate or non-marital property will include items that are owned solely by one spouse. They will typically consist of assets or debts that were acquired before a couple’s marriage or after their legal separation. For example, if an individual brings significant personal wealth into their marriage and keeps those funds or assets separate from shared accounts, they will be able to continue owning these assets. If either spouse receives inheritance money before or during the marriage and does not mix it with the couple’s joint assets, the inheritances will be separate property. A prenuptial or postnuptial agreement may also be used to exclude certain assets from the marital estate and ensure that they will not be divided in a divorce.

Getting a divorce can be one of the most challenging and emotionally draining experiences you may experience during your life. It is a time filled with uncertainty, stress, and significant changes. As you proceed with your divorce, it is crucial to prioritize self-care to ensure your physical, mental, and emotional well-being remains intact. Here are some valuable tips on how to take care of yourself while navigating the divorce process:

1. Seek Legal Help

The first step towards self-care during divorce is reaching out for professional help. Consult an experienced divorce lawyer who understands the intricacies of family law in Illinois and who can guide you through every step of the process. An attorney from Farooqi & Husain Law Office will not only offer invaluable legal advice, but they help ease stress during this trying time by advising you on what steps you can take to achieve your goals.

2. Prioritize Your Mental Health

Divorce will often involve many different emotions, such as anger, sadness, grief, and anxiety. It is essential to give yourself permission to feel these emotions without judgment or guilt. By prioritizing your mental health, you can determine the best ways to deal with these emotions. Some beneficial ways of doing so include:

The divorce process is not easy, but there are options available that can help you minimize conflict with your spouse, reach agreements that will be acceptable to both of you, and ensure that you will be able to move on successfully after the end of your marriage. Mediation is often a more peaceful and cost-effective option for resolving divorce-related issues and creating a settlement. By working together with a neutral mediator, you and your spouse may be able to resolve your differences more quickly and efficiently, while also coming up with creative solutions that will allow you to cooperate with each other in the future.

However, mediation is not always the best method for addressing divorce-related concerns, so you will need to understand what approach will be best for your individual situation. By considering the following questions, you can determine whether mediation is right for you:

Are You Willing to Compromise?

Mediation will require you to work together with your spouse to address important issues such as property division and child custody. If you and your spouse are not willing to meet each other halfway, or if one of you refuses to compromise, then mediation may not be the right choice for your divorce. However, if both of you are ready to negotiate and are willing to give and take, then mediation can help you resolve the issues you will need to address and come up with solutions that will be beneficial for both of you.