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Few people give any thought to the procedural rules that govern Illinois divorces. Usually, the presence of an experienced Illinois family law attorney will ensure that a divorce proceeding meets the requirements of the Illinois Rules of Civil Procedures and other applicable rules.

RIgsThis is especially important in divorce proceedings that involve parties who live in different states and who have had children during the marriage. More specifically, under Illinois law, a court must have jurisdiction over the husband and wife, as well as the children. Thus, a divorce decree will usually deal with two issues. First, it will terminate the marriage, which includes dividing the marital property (real and personal), as well as the assets and liabilities incurred during the marriage. At this stage, the court will award spousal support as well. Before it can terminate a marriage, however, a judge must have jurisdiction over the marriage. In order for the court to have jurisdiction, the parties must show that at the time of the action was commenced, one of the spouses was a resident of Illinois for at least 90 days.

Second, the court has to determine issues of custody. However, before a court determines custody, it must have jurisdiction over the children. This becomes an issue when one parent moves out of state with the children and the other parent stays in the state. In these cases, while the court technically may have jurisdiction over the marriage by virtue of one parent still residing in the state, it may not have jurisdiction over the children if Illinois has not been the home state of the children during the six months preceding the commencement of the custody proceedings.

Determining jurisdiction in divorce cases can be challenging. At times, jurisdictional issues are challenging even for legal professionals. If you are considering divorce, consult an experienced Illinois family law attorney who can make sure you avoid any procedural headaches.

divorce courtDivorce is a stressful event in anyone’s life.  It does not just affect the two exes involved but can ripple through whole families.  Kids are especially affected by the consequences of a divorce.  In order to keep the hassles of a divorce to a minimum, there are a couple of different methods you can employ to lower the stress.

The first advice is to acknowledge the cause of your divorce but avoid pointing fingers.  Look towards the things that you would stress your relationship such as financial issues, bad habits, drug use, or other things.  By understanding the things that set you off, you can try to limit how it affects you.

Also notice how you would communicate to your spouse and what is deficient about that communication.  Use that information to guide show you how to act more collaboratively while seeking a divorce.  That can mean learning how to communicate with your ex in a constructive manner in which you can explain what you feel without being angry or hurtful.

A recent study from Slater & Gordon finds that although there are a myriad of reasons that couples choose to obtain a divorce, courage is one of the strongest factors in actually taking the step towards legal action. A majority of people choosing not to move forward with divorce action hesitated as a result of lack of courage.

Laura

Reasons for seeking divorce varied among men and women, not surprisingly. Women reported that financial issues in the marriage and a lack of “fun” were leading reasons for their interest in divorce, while men noted dissatisfaction with their sex lives as a leading cause. For both genders however, a lack of courage was named as the number one reason holding individuals back from contacting an attorney and setting the divorce wheels in motion.

Laura  child custodyA recent study released by the University of Virginia found that infants who spent one night or more each week away from their mothers had less secure bonds with those mothers. Babies who spent more time with their mothers or those who stayed with a father during the day had more secure attachments to the mother. The impacts of divorce and custody arrangements can reach out even to infants.

The study was conducted using data from the Fragile Families and Child Wellbeing Study. The study is a longitudinal collection of data from 5,000 children in big cities across the U.S. between 1998 and 2000. The data was collected by using interviews with parents of the children starting at birth, and then again at ages 1 and 3. Researcher Samantha Tornello, the lead author for the study, says that link between attachment in infancy and healthy relationships into adulthood is a strong one.

The researchers dove into this issue because as the number of divorces in the U.S. increases, more children are living with custody arrangements developed by the court. This leads to children dividing their time between more than one home. The developers of the research project believed that there may be significant impacts for infants, impacts that are not being explored by judges as they create custody arrangements that are meant to be “in the best interests of the child”.

RigsWe recently wrote on weight gain associated with divorce. Physical stress, however, is only one of the effects of divorce. Divorces are tough! Even the most amicable divorces have long-term effects on those involved. It is easy to see how people may perceive divorce as a personal failure, and the stigma that comes with divorce can be heavy.

However, new divorcees have to realize that the real strength lies in being able to move forward. This takes hard work, commitment and an approach focused on developing the physical, emotional and intellectual parts of a person’s life.

Physical exercise is essential. Not only does it make the body feel better, it also allows the mind to think clearly – an essential tool in an emotionally charged situation. In addition, physical fitness fills time that one could otherwise spend drowning in a wasteful spiral of negative thoughts.

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