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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

Elmhurst | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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Recent blog posts

If your marriage is troubled and you are considering your options moving forward, you have likely considered the idea of getting a divorce or legal separation. You might also be wondering what the differences between the two are and which is more suitable for your goals. These are important and valid questions, so before you settle on either one of these options, take a moment to learn more about them and what they could mean for your future.

Legal Separation

When you choose to legally separate from your spouse, the process is actually not that dissimilar compared to the process of filing for a divorce . The key difference in a legal separation is that you will remain married to your spouse. For those who wish to continue to work on their marriage, but no longer want to share a residence, this is could be an ideal course of action.

Much like a divorce , your rights and obligations regarding issues like child support and alimony will still be legally defined. Issues like property division, however, are generally not addressed in a legal separation. If the two of you ultimately decide that the marriage is not worth saving, you can always opt for divorce later on. Given that you will have already addressed some of the more heavily contested issues, such as child custody, child support, and alimony, your divorce will go a little more smoothly.


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the end of a marriage is not only devastating, but it also leaves a number of financial and logistical issues in its wake. One of the main problems that many separating couples may need educate themselves about is how divorce will change their tax burden. Below are the following topics that might make the first year of tax-paying after divorce more complex - and how to deal with these changes.

Marital Status

the most apparent change on your tax return when you get divorce d is the change in filing status. TheIRS looks at whether you were married on December 31 to determine whether you need to file as a married or single payer. So, those who divorce late in the year are treated as unmarried for the entire year, while if you were divorce d in the following January or later, you'll still need to file your tax return as a married couple.

Claiming children as Dependents

If you have children who qualify as tax dependents, then one important question will be which parent gets to claim the exemption for those kids.Not only do exemptions get you a reduction in taxable income, but they also help determine which parent can claim lucrative tax credits.


If you and your soon-to-be-ex had a difficult time communicating while you were together, how are you supposed to communicate now that you are going through a divorce ?

It is important to understand that channeling your anger and frustration will have consequences. A lack of constructive communication can result in a lack of productive legal action, leading to additional costs (e.g. attorney fees, court fees, etc.) and a greater emotional toll on you and everyone else involved, including your children .

Furthermore, if you say the wrong thing to your spouse or one of his/her friends, or give a status update on social media, it could end up causing you a lot of serious damage in your divorce case. Always assume that if you say something that can be misquoted or misinterpreted to your disadvantage, then it will be.


If you discover that your spouse is having an extramarital affair with another person, you may wish to file for divorce on grounds of adultery.

However, doing so might not lead to the results you are looking for. Although Illinois recognizes adultery as divorce grounds, you could most likely end your marriage in a quicker and more economical manner if you filed on the state's no-fault grounds instead.

No-Fault divorce vs. Fault-Based divorce

No-fault divorce is a type of divorce you get when the marriage is over, but you do not want to explain why in court. In general, you can get ano-fault divorce by explaining in your divorce paperwork that the marriage is “irretrievably broken” (i.e. so damaged that it is beyond repair) or that you have “irreconcilable differences” ( and your spouse cannot resolve your arguments) - and that's it.


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Regardless of whether you decided to end your marriage or your spouse did, getting divorce d is painful. Nobody gets married and expects for the marriage to end. divorce can be expensive, stressful, difficult for your children , and erratic.

While it may not quite seem possible now, you can have a happier life after divorce than you can imagine. Keep in mind, the happiness won't just become apparent automatically. You need to help it along by changing your mindset from one that expects more damage and pain, to one that starts to expect that you will have a fresh new start in life with boundless possibilities for the future.

the following are several ways to have a happy (or at least a happier) divorce :





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