Posted on February 20, 2015 in Finances & Divorce

As most people who go through a divorce are aware, ending a marriage involves a lot more than filing paperwork and relocating. Although each case is unique, many divorcing spouses must deal with complicated child support and custody negotiations, property division, or alimony. Understanding how the law relates to your divorce can make the process a whole lot easier. Marital finances during a divorce can become particularly stressful. In addition to transitioning into a single income, divorcing spouses may not understand how to manage credit cards and other financial accounts. This article will provide some helpful insight into the monetary side of divorce:

 Joint Credit Cards

 According to Creditcards.com, creditors do not necessarily recognize a divorce ruling. Debt is debt, and as far as a credit card company is concerned, couples are responsible for paying joint debt when the marriage ends.

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 Posted on January 07, 2015 in Guardianship

Child custody disputes are never easy. They are often laborious and lengthy, and they may involve a number of heated disagreements and emotions.

Custody disputes may become even more complicated when they involve more than one child. Divorcing spouses with children often have a very difficult conflict ahead of them, but many wonder what happens when neither parent is capable of — or wants to — take care of the children?

Because every divorce and child custody dispute is unique, it is wise to seek help from a legal professional to review your case. Marital, divorce, and custody law is a complex field for those who are inexperienced, so it can be incredibly beneficial to consult a lawyer. This is true for both parents and potential guardians.

Why Might Parents Be Unable to Receive Custody of the Child?

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 Posted on December 05, 2014 in Paternity

For whatever the reason, your quest for establishing paternity is both a personal and legal right awarded to those residing in Illinois under the Illinois Parentage Act of 1984 (750 ILCS 45). The law establishes this action for both married and unmarried parents and is established by presumption, consent or judicial determination. The quest to determine paternity can be initiated by the natural mother, a father presuming he is the child’s father or in some instances when the child is requesting clarification of paternity.

According to Illinois Legal Aid, an agency dedicated to assisting Illinois residents with legal guidance, paternity is defined as the relationship between a father and his child. Once legal paternity has been established, the father is entitled to rights as well as responsibility for the child, often including visitation rights, custody and child support.

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 Posted on November 10, 2014 in Divorce

After signing the final divorce papers and completing all other legal responsibilities, it is time to move on to a new life. It will likely be difficult; divorce is an emotional experience, and splitting up a marriage is also a give-and-take situation. Rarely does one side get exactly what they want in a contested divorce, and even the most congenial divorces involve some sacrifices. Dealing with the emotional toll and life after divorce, however, is one that does not have a legal solution.

Divorce Involves More Than Financial Changes

Life after divorce and learning to live as single person after being married is about more than adjusting to a single source of income. Every divorce is different and poses its own set of challenges.

Spouses who have been together for years must cope with being single. Couples who have recently married might feel grief and regret, possibly mourning over "what could have been" had they only had more foresightedness.

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 Posted on October 28, 2014 in Prenuptial & Postnuptial Agreements

Signing prenuptial agreements has become a common practice before marriage, especially for wealthier individuals. They ensure a person’s wealth, assets, and property will not go to his or her spouse if the marriage ends in divorce. While it is true that prenuptial agreements are difficult to challenge, there are certain circumstances under which the court may omit certain stipulations within the agreement or throw it out completely.

Divorce cases are notoriously unpredictable. The intricacies of family law tend to make every case unique, and if a person wishes to challenge a prenuptial agreement, the matter becomes even more complex. For this reason, hiring an experienced family attorney may help ensure a more favorable outcome.

There are a number of common reasons for a prenup to be thrown out during divorce proceedings. One of the simplest is proving that the paperwork contains errors that make it invalid. This strategy may involve scrupulous amounts of paperwork analysis and verification, but it is not uncommon to find mistakes in a prenuptial agreement. While simple errors might not label the entire agreement invalid, they may render certain aspects of the agreement void.

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 Posted on October 14, 2014 in Child Custody

Child custody laws and proceedings in Illinois, as outlined by the General Assembly, involve a specific method for the courts to follow while determining which parent ultimately wins custody of the children. These child custody laws also outline specific rights for both parents.

It must be understood that Illinois family courts do not discriminate between the mother and the father on the basis of parental role or gender. Also, Illinois family courts do not consider joint custody the default option.

During custody-rights negotiations and proceedings, both sides are given a voice and a listening audience. The decision is ultimately centered on determining which custody agreement can provide a life that is in the child(ren)'s best interest.

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 Posted on August 15, 2014 in Divorce

In Illinois, according to the Illinois General Assembly, various grounds for divorce include: adultery; the absence of one spouse for at least one year, willfully; habitual drunkenness (or drug use) for at least two consecutive years; being convicted of a felony or other "infamous crime"; attempted murder; bigamy; and impotence.

Illinois, however, is also a no-fault divorce state. This means that a couple can still be legally divorced, even if neither spouse is necessarily found at fault.

For a divorce to qualify as no-fault (also called uncontested), one or both parties must prove an irretrievable breakdown of the marriage and/or irreconcilable differences between the married parties. Also, attempts to further reconcile would prove unworkable and not in the best interests of those involved. Finally, two years of spousal separation are also required. However, this does not necessarily mean spouses need to reside in separate households. It just means they should be living similar to that of roommates.

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 Posted on July 29, 2014 in Spousal Support

The issue of alimony during a divorce can be highly contested between separating spouses — especially when one party’s economic means is greater than the other party. One reason for the conflict caused by alimony is a lack in the true understanding of its definition in Illinois, as well as its historical context in both a broad and narrow context.

It is a common misconception that alimony is a relatively new concept, proliferated by the increase in the divorce rate seen over last 30 years. However, the idea dates back hundreds of years. The origins of alimony lie in the divorce principles derived from the English laws of coverture that established a married couple as one entity, and thus merged their identities for legal purposes. This gave the husband control of any and all assets. In return, the husband was legally and morally obliged to "support and protect" his wife.

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 Posted on June 12, 2014 in Domestic Violence

The incidence of domestic violence (DV) remains with us more than ever. In fact, the 2013 Mary Kay Truth About Abuse Survey indicated a serious spread of the problem to Generation Y, reporting that shelters are serving more women, and women with children, specifically between the ages of 18 and 32. And those who were in shelters as children are now personally seeking protection from domestic violence themselves. Sadly, these findings show how the cycle of domestic violence is ongoing.

Each year, over one million women are victims of physical assault by an "intimate partner." However, only one in four reports the crime. And the key to the spread of domestic violence revolves in the fact that 30-60 percent of those who abuse a partner target the children as well. Noted by The National Coalition Against Domestic Violence, "Witnessing violence between one’s parents or caretakers is the strongest risk factor of transmitting violent behavior from one generation to the next." In fact, a boy who witnesses domestic violence is twice as likely, as an adult, to abuse his partner and children.

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 Posted on June 03, 2014 in Prenuptial & Postnuptial Agreements

During a couple's engagement, the consideration and discussion of a prenuptial agreement with a potential spouse may be considered "unromantic." However, many divorcees express the wish that they had executed one, as it can be a strong tool in avoiding a contested divorce proceeding.

Yet with that said, agreeing to a prenuptial agreement may show your fiancée that you are not in it for the money, but that you are committed to the relationship and are thus protecting the romance.

Elizabeth Gilbert, author of the bestseller "Eat, Pray, Love" puts it plainly: "Marriage is not just a private love story but also a social and economic contract of the strictest order...if it weren’t, there wouldn’t be thousands of municipal, state and federal laws pertaining to our matrimonial union."

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