Posted on October 04, 2013 in Divorce

It’s not just infidelity that leads people to divorce anymore. In fact, according to research from the National Fatherhood Initiative and reported upon by MSN News, a lack of commitment and relentless arguing were actually the two most common reasons for divorce. Infidelity, long considered the most common reason for divorce, doesn’t seem like as big of a deal in 2013 as it has in the past century. A booming industry surrounds infidelity, with websites such as AshleyMadison.com actually providing a platform for people who want to have an extramarital affair. Perhaps this change in attitude is why less people view their partner being unfaithful as reason enough to split. But the surprising fact, according to the Huffington Post, is that an incredibly common behavior is most at fault for divorces in the U.S.

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 Posted on September 30, 2013 in Business Valuation

Illinois divorces can be complicated, especially when they involve numerous assets or a family business. The presumption in Illinois is that assets or wealth gained during the marriage will be considered part of martial assets, which are subject to equitable division during a divorce. Equitable division is a fluid term, which can give rise to lengthy and expensive litigation. For example, if a divorce involves a small business (or a big one for that matter), the divorce court has to determine whether it is part of the martial estate.

This determination can be tricky, especially in cases where the business predates the marriage. Fortunately, with proper planning, parties may avoid many of these issues. For example, a small business owner who is contemplating marriage, may contact an Illinois family law attorney to determine whether a prenuptial agreement would be helpful. Prenuptial agreements are a valuable tool, but they must meet the Illinois requirements before they are valid. At minimum, the parties must have separate attorneys representing them during the drafting and execution of the prenuptial agreement. If only one side has an attorney, there will be a presumption of unfair advantage in favor of the party who had an attorney.

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 Posted on September 27, 2013 in Prenuptial and Postnuptial Agreements

Whether or not you have substantial assets, it is smart to draft a prenuptial agreement before your marriage begins to protect yourself and your spouse in case of a divorce. Knowing what belongs in a prenup (and what doesn’t) can be important for ensuring that your document accurately reflects your needs and wishes. Outlining this document properly with the guidance of an attorney is the best way to keep a court from deciding what happens to your property if you eventually obtain a divorce. Your prenuptial agreement should also be in line with state laws and requirements about what can and cannot be included in this document, which is why hiring a lawyer to assist you is critical. What goes into your agreement will depend largely on your individual situation at the time, but there are several basic suggestions for what belongs in your prenup.

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 Posted on September 23, 2013 in Mediation

If you are contemplating divorce and weary of the lengthy and costly litigation process, you do have other options. Divorce mediation, a form of alternative dispute resolution, is one such alternative that can help you close out your divorce quickly and smoothly. Moving on with your life and managing the emotional consequences of divorce is typically easier when divorce mediation can successfully resolve the situation.

Mediation puts you in control, since parties work together with mediators and other experts to discuss relevant issues. You play a bigger role in determining what life will look like post-divorce, and this appeals to many couples who may agree on some of the issues surrounding the divorce. If you and your spouse are still able to communicate relatively well, and if you have already come to agreements on child custody and other major issues, like division of property, you may be a great candidate for divorce mediation. Even if you and your spouse are able to come to agreement on some issues, but not others, you can make the most of mediation by targeting those challenging topics with the assistance of a mediator.

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 Posted on September 18, 2013 in Divorce

Each state has its own divorce procedures. The state legislature generally determines the rules governing divorces, but each county may have different procedural rules as well. Following these rules is important because it may avoid emotional conflicts that make divorces so difficult.

Illinois has specific divorce rules that guide parties and their attorneys through the divorce process. The goal of the Illinois legislature in Illinois divorces is generally to facilitate the process while ensuring an equitable outcome. Thus, the Illinois Marriage and Dissolution of Marriage Act also provides for simplified divorce procedures under certain circumstances. The goal of simplified procedures is to avoid costly and lengthy divorce proceedings that take a heavy emotional toll on the parties. Before one may rely on the simplified divorce process, they must meet the following conditions listed in the Illinois Marriage and Dissolution of Marriage Act:

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 Posted on September 15, 2013 in Divorce

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.

This 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.

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 Posted on September 11, 2013 in Adoption

As more women enter the workplace, more couples are putting off having children until their late thirties, and human bodies have not biologically caught up. Both men and women are in their prime for having children in their twenties and early thirties, but more often couples are having children well into their forties, or at least trying to do so.

For those couples that are unfortunately not able to have children when they want to, there are many alternatives, including surrogacy and adoption.

The Illinois Department of Children and Family Services (DCFS) reported that in the last 10 years, over 17,000 children were adopted in Illinois. Some people do not like the idea of adoption because the child is not biologically theirs, but to each child, a parent is the one who cares for and loves him or her.

Children in Illinois that are currently waiting to be adopted range in age and background, and many have a sibling waiting to be adopted into a loving home as well. Many children waiting for adoptive parents have foster homes to live in while they wait, but foster families are not the same as adoptive families, as they are not permanent.

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 Posted on September 09, 2013 in Child Custody and Support

The process of divorce is very complicated because of the emotions that must be dealt with while all of the legal and financial issues are being resolved. Children can make divorce more stressful, especially when determining visitation and child support.

When parents are not married though, but do split up and agree to support payments, it becomes more complicated because the support may not be in a legal decree, like divorce papers.

Just a few weeks ago, a man filed a claim in the Illinois courts accusing a woman of collecting child support payments from him for a child that is not his. Lekardo Pitts claimed that he spent thousands of dollars on child support payments to Edwardstine Reese only to discover that he is not her child’s biological father.

He claimed that Reese led him to believe that he had fathered the child in order to receive payments.

Just after his claim was filed, Reese filed a motion to dismiss the accusation. Reese claimed that Pitts had an opportunity to contest paternity of the child in 2004, before the payments began, and he did not take it.

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 Posted on September 04, 2013 in Divorce

As is often the case in divorce disputes, the judge must determine whether a spouse is obligated to pay or receive spousal support. To make this determination, an Illinois divorce judge will look at the circumstances surrounding the marriage, like the parties’ professional achievements, any children they had, the length of the marriage, the income gap (if any) between the parties, the needs of each party, the standard of living during the marriage, age, sex, etc. Illinois gives judges wide latitude when it comes to determining spousal support.

For example, an advanced educational degree that one spouse earns during the marriage, enabling that party to command a higher salary, is considered to be, in part, due to the marital efforts, which entitles the other spouse to some form of compensation. Illinois has three type of spousal support.

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 Posted on August 31, 2013 in Divorce

Not all divorces are knock down drag out fights. Divorce is simply the ending of one relationship and the beginning of a different type of relationship. According to Psychology Today, having a good divorce outcome is possible. Here are a few tips to help make the transition easier.

Take your Time

You are both going to have feelings of loss and the change is going to throw your emotions for a loop. Don’t try to be friends with your ex right away. You need to come to terms with the end of the marriage and you need to give yourselves time to grieve. Whether the marriage ended after six months or twenty years, you have to take the time out that you need from the other person.

 Do Not Repeat Patterns

Now that you are divorced, you are no longer emotionally responsible for your ex. While you may have spent years dealing with the things that made them insecure, listening to their work woes, and consoling them about issues with their family, that is not your job anymore. You are no longer their platform to unload and they are not yours. Do not fall into the same patterns that existed in the marriage. This will only stifle the new relationship that you may have.

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