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Posted on in Divorce

Geneva divorce attorneyWhile the United States has made significant strides in the arena of gender equality in the last few decades, there is still quite a bit of work to be done, especially in terms of perception of rights or lack thereof. This is very clearly articulated in divorces, as several issues may come up during the process that affect women substantially more than men.

Financial Questions

Perhaps the most pressing concern for many women before and during a divorce is financial, because there are still a great many marriages where the husband handles the bulk of the financial decisions and assets. This is especially true if you and your spouse are older and were married during a time when women were less involved in anything outside the realm of child-rearing. While Illinois is an equitable distribution state, meaning that the marital estate will be divided between the spouses as fairly as possible, this does not take away the issues that can come along with being inexperienced in financial matters.  

Posted on in Divorce

Kane County divorce attorneysPregnancy brings with it many difficulties. If you are in a marriage which you believe is broken beyond repair while pregnant, this is even more challenging. Sometimes a wife becomes pregnant by her spouse but no longer wishes to be married to him. Other times, a wife gets pregnant as a result of infidelity, and her husband is not the father. A divorce in either of these situations can become very complicated from a legal standpoint. 

The Husband Will Be the Presumed Father

Being pregnant cannot prevent you from filing for divorce, but in some cases, the judge may choose to delay finalizing the divorce until the child is born. However, if you wish to pursue a simplified divorce in Illinois, you will not be able to do so while pregnant.

Geneva divorce attorneyOver the last few decades, there has been a noticeable increase in older married couples getting divorced. In fact, the rate of these “grey divorces” doubled between 1990 and 2010. If you are over the age of 50 and are considering getting a divorce, you may face some unique challenges. As you weigh your options, there are a few things to keep in mind.

You May Be Ordered to Pay Spousal Support

When an older couple gets divorced, they are often more established financially than a younger couple would be. Therefore, there are some rather unique financial situations that may arise. Firstly, those couples that have been married for several decades should expect one of them to be ordered to pay spousal maintenance, also called spousal support or alimony. Often, spouses have considerably different incomes or one spouse stayed home to raise children while the other worked. In these circumstances, the higher-earning spouse is often ordered to pay spousal support to the lower-earning spouse. The duration that payments will occur and the amount of each payment will depend on the recipient’s health, ability to find employment, job skills, and other factors.

Geneva family law attorneyThe relationship between a parent and his or her child is one of the most sacred relationships of all. Sometimes, however, complicated situations arise and it is not appropriate for a parent to continue parenting their child. Sometimes a parent loses his or her rights to their child because of abuse or neglect, while other times, a parent may voluntarily give up his or her parental rights. Voluntary abdication of parental rights is not sometime to be taken lightly, and it is certainly not appropriate in all situations, but a recent headline-grabbing case has figuratively turned many heads. 

Unexpected Parentage

Two women in Hawaii are likely to be the first same-sex couple to argue their custody case before the Hawaii State Supreme Court because one of the women wishes to give up her rights to their child. The two women were married and allegedly discussed having children before one of the women was deployed due to her service in the military. While she was away, her then-wife conceived a child using a sperm donor. The marriage ended in divorce, and the child was born while the divorce was pending.

Geneva divorce attorneysThere are a great many things to consider when a couple decides to get divorced. In addition to dealing with the emotional turmoil of ending their marriage, they also have to face decisions regarding logistics like property division. If you have been considering divorce, you may have wondered to yourself “Who will get to continue living in the house?” or “Who will get the antique furniture?”

Determining Who Will Get What

In many marriages, spouses have brought assets into the marriage that were valuable either financially or sentimentally. They worry that the court will assign such assets to their spouse. In other cases, a spouse may not have worked because they stayed home to raise children. He or she may wonder if this will affect the way property is divided. The law regarding property division in Illinois can be complicated, but there are guidelines that courts use when making decisions about property division. The following are some of the foremost factors courts use to decide how property and assets are divided in a divorce:

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