Posted on March 10, 2017 in Domestic Violence

Lawmakers in Mississippi raised controversy last month when legislation that would have amended the state’s divorce laws died in a House committee. The bill would have added domestic violence to list of reasons that a person can seek a divorce in the state, bringing the total number of grounds to 13. Advocates for victims of domestic abuse say the failure of the measure is another blow to those who are suffering in their marriages and see no way to escape.

“Habitual Cruel and Inhuman Treatment”

Legal experts and commentators generally agree that Mississippi is one the most difficult states in which to obtain a divorce. A married person currently may seek to end his or her marriage one of dozen grounds, including drunkenness, adultery, impotence, and “habitual cruel and inhuman treatment.” While some have argued that domestic violence would fall under the category of cruel and inhuman treatment, the state requires proof that behavior is ongoing and habitual. Some forms of physical abuse could be proven in this way, but others—such as emotional or psychological abuse—are much more difficult to prove in a divorce proceeding.

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 Posted on March 08, 2017 in Divorce

If you have heard it once, you have heard it a thousand times. “Half of all marriages end in divorce.” The idea has been repeated so many times over the last several decades that it is come common “knowledge.” The main problem is that it simply is not true. In addition, many experts believe that it never really was.

Oversimplifying Complex Numbers

It is difficult to know for sure exactly when and where the 50 percent myth originated but many sociologists point to the National Vital Statistics System (NVSS) managed by U.S. Centers for Disease Control and Prevention (CDC). In 2000 and 2001, for instance, the NVSS compiled data that found that there were 8.2 marriages per 1,000 people in the United States to be 8.2 marriages. During the same two years, the NVSS reported 4.0 divorces per 1,000 people. A quick estimate confirmed that the divorce rate was half of the marriage rate, so the half of all marriages must end in divorce, right? Well, not exactly.

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 Posted on February 28, 2017 in Child Custody and Support

When the other parent in an allocation of parental responsibilities case is given the majority of the parenting time, it can feel like you will only rarely see your child. However, there are many things you can do to increase your time that you and your children get to spend together. Even if the court has decided it is not in the child’s best interest for you to be the primary caretaker, that does not mean you cannot play a vital role your child’s life.

Right of First Refusal

Under Illinois law, when the child lives primarily with one parent, the other parent can ask the court for the “right of first refusal” when childcare is needed. This means that before the child is put in daycare or a sitter is called, the other parent should be given the chance to be with their child instead.

This situation can benefit everyone involved. You and the child get to spend more time together, and the other parent saves on childcare costs. This arrangement works best when the two parents have an amicable relationship and both parents are willing to be flexible in putting the needs of their child first.

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 Posted on February 24, 2017 in Divorce

There is no greater dilemma for parents exploring the possibility of divorce than deciding whether or not to go through with the process for the sake of the children. There is much at stake where kids are concerned when deciding to end a marriage. Everything must be taken into account, from the immediate emotional and mental effects to how the split will impact the children in the future.

Should You Stay or Should You Go?

The question of whether staying together is in the children’s best interests is a difficult one to answer, but one thing is certain. There are a number of diverse opinions on the matter, but only you, the parent, can decide if it is time to say when or if it will work in everyone’s favor to remain a family unit despite the marital conflict.

Psychology experts suggest examining the following as you explore whether divorce is the right decision for your family:

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 Posted on February 22, 2017 in Paternity

In Illinois, if a child is born outside of marriage, the issue of paternity is not automatically assumed by the law. When children are born to legally married partners, paternity is assumed. For unmarried couples with children, the state or court system may become involved to determine issues of paternity, support, and parenting responsibilities if necessary. The Illinois General Assembly enacted the Illinois Parentage Act of 1984, followed by recent update—the Illinois Parentage Act of 2015—to establish legal procedures for securing the rights of unmarried parents.

Illinois Law Gives Default Parental Responsibilities to Unmarried Mothers

In Illinois, state law mandates that in the case of unmarried parents, the mother will retain all parental responsibilities—previously known as custody—until paternity is established. Paternity actions establish a legal parent-child relationship and the right to pursue responsibilities regarding or a child that was conceived outside of marriage. Either the mother or the purported father of the child may file a paternity action.

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 Posted on February 17, 2017 in Family Law

When a person uses the word “separated” to describe his or her marital status, it usually means that he or she is estranged and living separately from his or her spouse. This is a common scenario for partners who may be contemplating a divorce or have initiated but not completed divorce proceedings. In some situations, however, a person who says that he or she is “separated” may actually have filed for and received a judgment of legal separation.

Unlike like an informal separation—known under Illinois law as living separate and apart—a legal separation is a court-issued declaration regarding the status of the relationship. A judgment of legal separation generally includes many of the same considerations as a divorce judgment. There is, of course, one major difference: the spouses are still legally married to one another, thus they are not free to pursue another marriage.

Why Legal Separation?

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 Posted on February 15, 2017 in Divorce

Working through a divorce is one of the most emotionally challenging situations many people will ever experience. During this time, it is important to be aware of the potential negative impact that emotions can have your finances. While you, your spouse, and your legal representatives endeavor to reach an equitable agreement on the distribution of assets and liabilities acquired during the marriage, it is critical for you to be proactive about safeguarding your personal financial well-being.

Your Credit Score Is Your Report Card

We advise our clients who are involved in the divorce process that managing their finances must be a top priority. Safeguarding your credit is necessary so that you may have access to or qualify for:

• A mortgage or residential lease;
• Low interest rates on secured and unsecured debt; and
• Employment opportunities that require credit checks.  

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 Posted on February 10, 2017 in Divorce

One of the most common concerns among divorcing couples is how much the process is going to cost. While it is true that divorce can be expensive—both in terms of time and money—it is impossible to offer an exact estimate without reviewing all of the unique details of your case. The most reliable way to get a reasonable estimate is by speaking with an experienced divorce lawyer.

What Will Affect the Cost of a Divorce?

There are quite a few factors that may influence the cost of your divorce. One of the most important considerations is whether the divorce is “contested” or “uncontested.”

In a contested divorce, the spouses disagree on certain factors crucial to the proceedings. These may include child support, the allocation of parental responsibilities, spousal support alimony, asset division, and much more. A contested divorce typically requires a significant amount time—yours and your attorney’s—to reach a resolution. Some contested divorces even end up going to trial, which can increase costs even more.

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 Posted on February 09, 2017 in Domestic Violence

Author EL James was relatively unknown until 2011 when her book, 50 Shades of Grey, became a best-seller almost overnight. Since this initial spike in popularity, her trilogy has been turned into two movies. The second movie in the trilogy, 50 Shades Darker, was released about a week ago. Countless people purchased tickets to the film in advance and were excited to watch it. Others, however, vehemently decry the entire 50 Shades franchise as the glorification of domestic violence.

Promoting Domestic Violence?

Critics of the series claim that many of the main character’s behaviors are abusive and send a dangerous message to women. For example, the main character, Christian Grey, often threatens and intimidates his love interest, Ana, throughout the series. When Ana mentions leaving him, he replies "I would find you. I can track your cell phone, remember?" Ana also expresses fear of Christian many times. "He'd probably like to beat seven shades of (expletive) out of me…” Another part of the book that disturbs critics depicts Christian verbally berating Ana. When Ana confesses that she is pregnant with Christian’s child, he responds with anger and violence.

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 Posted on February 03, 2017 in Divorce

A non-filing spouse may choose to “fight” a divorce for a variety of reasons. Many people do not want to accept blame for the couple’s problems. In other situations, there may be fear that fault for the breakup could be considered in a property or parenting agreement and the spouse does not want to be at risk for an unfavorable decision. Some people may want to stay married and believe that, given time, the couple could work things out, while other people simply do not like to lose. Whatever your reasons, it is important to know your options under the law.

Uncontested Divorce

To obtain a divorce in Illinois, the filing spouse must prove by a preponderance of the evidence that “irreconcilable differences have caused the irretrievable breakdown of the marriage” and that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

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