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financial infidelity, Illinois divorce attorneysHave you ever cheated on your spouse? Before you answer, keep in mind that cheating can mean much more than an episode of sexual indiscretion. In fact, there is another type of cheating that is far more prevalent in today’s marriages, and it has virtually nothing to do with adultery; it pertains, instead, to a couple’s finances. According to a recent survey, more than 40 percent of Americans have committed what is known as financial infidelity against their partner. With money already a commonly-cited contributor to the breakdown of marriages, financial infidelity, if not addressed and resolved, can quickly lead a couple down a path toward divorce.

What is Financial Infidelity?

Although it may take many forms, the basic idea of financial infidelity is relatively simple: one partner in a relationship with combined finances lies about or hides money and purchases. It could be an interest-bearing account set up in his name that she has no idea exists, or it could be a credit card that she has on the side. Whatever the case, if both partners are not fully disclosing financial concerns—within previously agreed-upon parameters—one or both may be committing financial infidelity.

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children, communication, Lombard divorce lawyersAs a parent, you probably feel like you spend half of your day repeating yourself to your children. Despite their best intentions, it can be challenging to get your message across for a variety of reasons. In many ways, talking to your children about an imminent or ongoing divorce is much the same. It is not a conversation that you will have one time, never to be revisited or brought up again; in fact, the reality is quite the opposite. You will want to be sure that the lines of communication between you and your children remain open throughout the divorce, which can help you all better adjust to the upcoming changes.

Share, But Not Too Much

Once you begin to discuss divorce with your children, make sure that they know that they can ask questions and talk to you about what is on their mind whenever they need to do so. Their questions are likely to address what may have happened between you and your spouse, and how their lives will be affected. You will need to tailor your answers to match each child’s age a maturity level, and to only share information that you know they are prepared to handle. For example, you may be able to tell your teenage daughter about more complex relationship concerns, while a younger child may just need to know that you and your spouse will not be living together anymore.

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venue, Illinois divorce attorneysWhile the process of divorce can be quite complicated and, at times, overwhelming, filing the petition for divorce is relatively simple. With the help of an attorney, it is often even easier, but you will still need to decide where to file your petition so that the divorce proceedings will be held in the appropriate venue.

Where to File

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), proceedings for divorce should take place in the county where either you or your spouse currently reside. However, you are free to file your petition in any county of your choosing. If you decide to pursue a divorce in a county other than your county of residence or that of your spouse, you will need to file a motion with your petition explaining why you chose an alternate location. For example, if, following your separation, your spouse moved to DeKalb County while you continued living in DuPage County, but you both work in Kane County, it might be reasonable for your divorce proceedings to be held in Kane County.

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vacated judgment, Lombard family law attorneyYou can probably recall several examples in your own life where you thought that you were making the right decision, only to realize later that your choice was misguided, and maybe even completely wrong. It is very possible that you have made such decisions about relationships in the past, deciding to break up with a boyfriend or girlfriend, then realizing that you were actually much happier with him or her than without. What happens, though, when the relationship is a marriage, and you get all the way through the process of divorce before coming to the conclusion that the whole thing was a terrible mistake? Can you attempt to have your finalized divorce judgment vacated?

The short answer is that you can try, but if a change of heart is your only reason for setting the judgment aside, you will probably not have much luck. A divorce judgment is essentially a type of verdict in a civil court proceeding, meaning that it must take into account all of the relevant information available at the time the of proceedings. Your petition for divorce or your response to your former spouse’s petition indicated your wishes to end the marriage, providing the court the authority to grant your request, presuming the associated concerns have been properly addressed. Once the proceedings have concluded and the judgment is entered, it is too late to change your mind.

Reasons to Vacate a Divorce Judgment

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Posted on in Divorce

divorce, taxes, Illinois family lawyersFinancial concerns, including taxes, and issues of family law are known for causing frustration and confusion. When you combine the two of them, it can really cause trouble. A married couple may be used to claiming their children as dependents on their taxes and enjoying the dependency exemption they get. Subsequent to a divorce, however, only one of them can claim the children on his or her taxes.

The Default Rule

The IRS has a set of rules and regulations to deal with claiming dependents after divorce. The default rule is the custodial parent gets to claim the children on the taxes. While, Illinois may no longer use the terms "child custody" or "custodial parent", the IRS still does. The IRS considers the parent that lives with the children most of the time to be the custodial parent.

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