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Recent Blog Posts

What Is a Parallel Parenting Plan in an Illinois Divorce?

 Posted on December 00, 0000 in Divorce

Kane County child custody lawyer for parallel parentingAlthough couples typically do not enter into marriage thinking they are going to get divorced down the road, it can and does happen. Whether two people have been married a few years or a few decades, life circumstances can change, impacting their relationship. Sometimes, partners simply grow apart, or one spouse may have an extramarital affair. In many contentious divorce cases, a couple may want nothing to do with each other once the ink dries on their divorce decree. However, if a couple has children, they may struggle to share child custody if they are unable to communicate with each other in a civil manner. In these cases, parents may choose an alternative parenting plan. Parallel parenting is a type of arrangement where divorced co-parents have limited contact with each other. Depending on the situation, it may work better than the typical co-parenting option.

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How Long Can Spousal Maintenance Last After an Illinois Divorce?

 Posted on December 00, 0000 in Divorce

McHenry County divorce attorney spousal maintenanceWhen two people decide to legally end their marriage, it can dramatically change their lifestyle. If one spouse earned a high salary and the other partner stayed home to raise their children, for example, this can impact the divorce settlement. In Illinois, maintenance or spousal support, which was previously called alimony, refers to payments made by one spouse to the other after a divorce to allow both spouses to live at a standard similar to what they enjoyed while married. Typically, spousal support is awarded in cases where there is a significant difference between the spouses’ incomes. If a couple cannot come to an agreement on their own regarding spousal maintenance, the court may intervene. A judge will look at several factors when determining if this type of financial support is appropriate.

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COVID-19 Update

 Posted on December 00, 0000 in Uncategorized

Below is a brief summary of the various COVID-19 programs available to individuals and businesses during this difficult time.  This is simply to assist you in determining which program might apply to you.  All of the information was gathered from other second-hand sources, so I did the best that I could to make it easier to wade through the vast amount of information out there.  I hope this is some help to you.

Sincerely,

Colleen G. Thomas

U.S. Small Business Administration Economic Injury Disaster Loan

  • Up to $2 million loan amount
  • Only when determined by SBA that cannot qualify for a private loan
  • Up to 4% annual interest rate (3.75% small businesses)
  • Up to 30-year loan term

CARES Act Paycheck Protection Program

  • Loan forgiveness for retaining employees by temporarily expanding the traditional SBA 7(a) loan program
  • Keep on the payroll for 8 weeks

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Will I Lose My House if I Declare Bankruptcy?

 Posted on December 00, 0000 in Chapter 13 Banruptcy

declare bankruptcy, lose house, McHenry County Bankruptcy LawyerMany people mistakenly assume that bankruptcy is financial suicide. However, the truth is that bankruptcy has helped millions of Americans start their path toward a debt-free life.

There are several chapters of bankruptcy, with Chapters 7 and 13 being the most common. The eligibility criteria and consequences of filing each chapter vary, and one factor that sets them apart is the possibility of liquidating assets.

What Will Happen to My Property if I File for Bankruptcy?

According to Uscourst.gov, Chapter 7 bankruptcy involves the liquidation of assets to pay off creditors. As a result, filers may need to sell their home or other properties to pay debts.

Every case is unique, and not all Chapter 7 filers will have to sell their home. Also, there is a homestead exemption in Illinois bankruptcy cases which will allow you to preserve a portion of your home's equity. Depending on the details of your mortgage, the trustee may decide not to group your home with the liquidated assets.

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Protecting Your Business During the Divorce Process

 Posted on December 00, 0000 in Divorce

Illinois divorce lawyersDivorce is not something that most people plan for, but it is a process that thousands of couples go through each year. Emotionally and financially complex, it can be especially difficult for those who own a business. Learn how to protect yours with help from the following information.

When Divorce and Businesses Mix Business owners must understand the risks that they face in divorce. Not only is there the potential for financial depletion, the company itself could be liquidated to settle the marital estate. Thankfully, some can be saved. It takes ingenuity, strategy, and decisiveness. It also requires you to seek assistance from those that are experienced in handling complex divorces. Protecting Your Company While prenuptial and postnuptial agreements are the most effective way to protect a business and its intellectual property, not all business owners have one. In their absence, other strategies must be used. For example, couples can use mediation and arbitration to work through a settlement that preserves the business and meets the needs and interests of all parties. Accurate valuation of the business is also critical in the divorce process. You should be certain you maintain and provide clear and concise records, including those pertaining to income, debt, and expenditures. Provide all documentation to your attorney in a timely manner so they can plan your strategy appropriately and well in advance. Examining Your Options Some business owners may choose to liquidate their company, using the funds from it to settle their marital estate. Others may decide to “buy out” their spouse - or give up assets that are equal to that of the business to ensure they can preserve the company. Still others may attempt to run it together by defining new terms and roles. Each has its own potential benefits and disadvantages, but only you really know which option is right for you. A divorce lawyer can ensure you have the knowledge you need to make sound decisions about your business. Contact Our Experienced McHenry County Divorce Lawyers If you are planning for divorce, contact the Thomas Law Office for assistance. Dedicated and experienced, we will fight to protect your business, and your rights, every step of the way. Serving the greater McHenry County and DuPage County areas, our Illinois divorce lawyer offers personalized consultations to suit your needs. Call 847-426-7990 to schedule yours today. Source:

https://www.theguardian.com/small-business-network/jan/divorce-day-business-protected-spouse-marriage-breakdown

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Coping with Divorce during the Holiday Season

 Posted on December 00, 0000 in Divorce

McHenry County divorce lawyersDivorce is a difficult process any time of the year, but the holidays can be especially challenging. Many experience loneliness and depression. Others feel more overwhelmed than usual and may be more prone to mood swings. Whatever the situation, however you are feeling, know that there are ways to cope. The following information may be able to help.

Surround Yourself with Friends and Family The holidays are a time when people are used to being surrounded by friends and family, so reach out to those that you love. If your circle has become significantly smaller, try and make some new friends. Support groups, colleagues at work, and even your neighbor are all great places to look. Some might even surprise you – that person you might have overlooked at the office who went through a divorce last year, or the single mom a few doors down that you might not have even noticed. Go to holiday parties, even if you do not feel like it. Whatever you decide to do, try to surround yourself with people and try to immerse yourself in holiday cheer. Give Back to Your Community If meeting new people seems too exhausting, maybe some charity work can help to put you in the holiday spirit and heal your soul a little. After all, there is little that can lift the spirit like feeding the homeless, volunteering at a domestic violence shelter, reading to kids in a hospital, or playing board games with someone in a nursing home. Not sure where to look? Try your local church, bulletin boards, or newspaper. If you cannot find anything there, try talking to friends or just pick up a phone and call your local shelters to ask if they could use some help. Be Gentle with Yourself and Practice Self-Care Surrounding yourself with people and giving back are all great ways to cope with divorce during the holidays, but probably the most beneficial thing you can do is to be gentle with yourself and to practice self-care. If you find yourself crying a lot, that is okay. Your grief and sadness are normal. If you do not feel like putting up your tree or lights, try purchasing just a small live one that does not take as much effort – and do not let yourself feel guilty for doing so. Keep the decorations put up if you like, soak in warm baths, make hot chocolate or tea, read a book, or buy a box of candy canes and a present for yourself. In short, do what makes you happiest this holiday season. Seek Assistance with Your Divorce If you are filing for divorce but have not obtained legal assistance, now might be the time to reconsider. Not only can a divorce attorney help to ensure you avoid unnecessary mistakes, they can handle the legal details so that you have the time and energy to grieve and care for yourself. You also have an increased chance of receiving a fair settlement in your case if you have an attorney on your side. At the Thomas Law Office, we offer compassionate and personalized services to suit your needs. Dedicated and experienced, our McHenry County family law attorney can protect your rights and will always make your best interest our top priority. Schedule your consultation to ask how we can help with your case. Call us at 847-426-7990 today. Sources:

http://www.fox2detroit.com/good-day/weekend/218714775-story

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Repairing Your Credit After Bankruptcy

 Posted on December 00, 0000 in Bankruptcy

McHenry County bankruptcy attorneyThe decision to file for bankruptcy is not an easy one, and it can drudge up fears about what happens once it is all over. Namely, consumers frequently experience concerns over how bankruptcy will affect their credit. Unfortunately, there is no easy way to answer this question since every situation and case is unique. However, there are cases in which the purported damage of bankruptcy may be negligible, or possibly even non-existent.

Putting Things into Perspective

Despite the common misconception that bankruptcy wreaks havoc on everyone’s credit, it is sometimes actually more beneficial than continuing down a path of late payments and unpaid bills. Each hit to your credit – each missed payment, charge-off, and collection – has a negative impact on your credit. If you have enough of these, and they are frequent because you simply cannot keep up with your debts after a job loss, illness, divorce, or other financial issue, then your credit score is constantly being attacked.

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Legal Separation or Divorce – Which One is Right for Your Case?

 Posted on December 00, 0000 in Legal Separation

McHenry County family law attorneyEvery marriage is unique. Every couple’s beliefs, goals, and concerns are different. So, really, it only makes sense that, when suffering from irreconcilable differences, some will choose legal separation over the traditional divorce. This is not a “wrong” path. It is just different than divorce. Unfortunately, many couples are confused about those differences and are uncertain when it comes to deciding which option is most appropriate for their situation. The following information can help clarify the difference between legal separation and divorce, and may even give you some insight as to which path is right for you.

Legal Separation

Less extreme, and ultimately less permanent, a legal separation does not dissolve the marriage. It does offer certain benefits, however. For example, during a legal separation, couples can pursue a court order for child support, spousal support, and a determination of parenting time and allocation of parental responsibilities. In addition, legal separation can give couples time apart to decide whether or not they truly want to proceed with a divorce. Some find, after time apart, that their differences were merely situational. Others do eventually decide to move forward with a legal divorce. In either case, the parties are able to walk away, certain that they did everything they could to resolve the issues in their marriage.

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What Happens During the Post-Bankruptcy Debtor Education Course

 Posted on December 00, 0000 in Bankruptcy

Kane County bankruptcy attorneysBankruptcy gives you the chance at a fresh, new start, but it is up to you to ensure you make the most of that start. This means you have to do things different and ensure you protect yourself from unnecessary or excessive debt in the weeks, months, and years to follow. Bankruptcy counseling, which is required before and after bankruptcy, can help you obtain the skills and knowledge you will need to restart your credit and maintain it, long into the future.

Why Do I Need Bankruptcy Debtor Education?

The U.S. Bankruptcy Code mandates that you receive two types of bankruptcy counseling: credit counseling before you file, and debtor education after. Although they sound similar, they are actually quite different. Credit counseling examines your financial situation before bankruptcy to determine if a budget or repayment plan can help you avoid filing. Debtor education, done after you file, is designed to help you focus on building credit and healthy debt management practices. Failure to comply and complete either course could result in a denial of your bankruptcy discharge.

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Illinois Child Support Services: Why They Exist and How They Can Help

 Posted on December 00, 0000 in Child Support

Illinois child support services, McHenry County Family Law AttorneyThe Illinois Child Support Service division reports that almost half a million children in the state receive public assistance. Taxpayers are responsible for the non-payment of child support, picking up the slack for parents who do not hold themselves accountable financially for the care of their children. While this statistic is sad and unfortunate, the state thankfully has an organized, efficient system in place to address the needs of children and families who struggle with such circumstances.

The Purpose of State Child Support Programs

Due to the overwhelming need of single parents raising children with no support from the other parent, child support programs are utilized to ease the burden and ensure that children are properly cared for, safe and protected. Since the Illinois program began in 1976, the department has successfully collected more than 3 billion dollars for children in need.

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