Posted on December 00, 0000 in Divorce

Back in late summer, headlines across the country were ablaze with stories about the hack and dump of the personal information of millions of subscribers to the website Ashley Madison. The site, which promotes itself the top source for finding an adulterous relationship, is well-known for its infamous motto “Life is short. Have an affair.” In the months that followed, divorce attorneys around the country dealt with the fallout, as many relationships were unable to withstand the implications of infidelity.

Blackmail Attempts

In December, reports began to surface that some of the site’s subscribers were receiving letters and emails threatening to expose them. While security experts do not believe the letters were sent by the same group that originally hacked Ashley Madison, the demands for money in exchange for silence were definitely disturbing. Such blackmail threats are even thought to have contributed to the suicide deaths of at least two users in Canada.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

The first court document filed in a divorce is a petition for the dissolution of marriage. Once you have been served the petition you typically only have 30 days to file a response. The way you respond to the petition will affect the rest of the divorce process.

Timing of the Response

The usual deadline for a response to the petition is 30 days, but sometimes more time may be required. Lawyers often ask for extensions to the deadline to both avoid a default judgment and to make sure that there is adequate time to properly prepare the response. However, the deadline to file will not be extended too long because nothing in the divorce case can continue until the response is filed.

Response Basics

The basic purpose of the response is to answer the allegations made in the petition. The initial filing contains certain facts about the marriage, including the length of the marriage, the residency of the spouses, and that the marriage was a lawful marriage. It may also contain other allegations about the fitness of one spouse to be a parent, the length of separation, and many other facts and claims.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

When you and your spouse have reached that point at which divorce has become more than a nebulous possibility, you need to begin thinking seriously about the future. Of course, making preparations for your post-divorce life are important, such as finding a new place to live and re-evaluating your household budget based on your own income. The process itself will also require a great deal of consideration and there are some things you can to reduce stress and eliminate uncertainty.

Commit to Cooperate

There is no law that requires your divorce to be chaotic and contentious. In fact, there are several statutory provisions that expressly encourage amicable negotiations and settlements. This will require you and your spouse to dedicate yourselves to a spirit of cooperation from the very beginning. Doing so can allow informal discussions to begin immediately, which can later evolve into a legally-binding formal agreement. As you might expect, the initial commitment is merely the first step, and you may need to remind yourself along the way why working together is preferable to other alternatives.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

For most couples who have been divorced, there was probably not a single moment that suddenly clarified their decision to end the marriage. It, more likely, was the combination of many factors that ultimately led to the split. In many cases, spouses begin to think about divorce long before it ever becomes a reality, and often ask themselves similar questions.

Before contacting a divorce attorney, you should be able to clearly address, at least in your own mind:

Do You Want a Better Marriage?

Or, do you just want out? You may recognize serious problems in your relationship, but that does not necessarily mean that you no longer want to be with your spouse. If you can identify particular areas of concern, working on your marriage may be an option. Conversely, you may be ready to be done with your spouse, realizing that your relationship is not healthy for either of you.

What Have You Added to the Problems?

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Everyone “knows” that half of all American marriages end in divorce, which means the divorce rate is probably right around 50 percent, right? Comparing U.S. Census Bureau’s numbers on marriages and divorces in a given year, this commonly-cited “fact” appears to be completely true. The reality is, however, that numbers without context can be extremely misleading, especially when you consider that marriages and divorces in the same year are not really related to one another.

A Look Behind Numbers

It makes sense when you think about it: couples who are getting married this year—with maybe a few exceptions for remarriage cases—are not the same couples who are getting divorced. The couple applying for a marriage license at the courthouse have very little to do with the couple down the hall filing a petition for dissolution. In fact, according to some research, the divorce rate of those marrying in the 1990s or later closer to one-third than to one-half.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

If your marriage has been affected by a cheating partner, it is only natural to want some type of retribution. Some individuals will use their partner’s infidelity as a justification for their own adulterous acts—though most relationship experts advise against revenge cheating. Others, especially those who have decided to end their marriage, may believe that a financial penalty should be in order. While the law in Illinois does not allow the court to award extra money or property to the victim of a cheating spouse, there are some ways your unfaithful partner can be held at least partially responsible.

Infidelity Clauses in a Prenuptial Agreement

The Illinois Marriage and Dissolution of Marriage Act expressly forbids a judge from taking marital misconduct—like cheating—into account when dividing marital property or determining spousal support in a divorce case. There is, however, nothing that says that you and your spouse cannot agree to penalties for infidelity in advance. An increasing number of prenuptial agreements around the country are being drafted with infidelity clauses that prescribe a monetary or property consequence for acts of unfaithfulness. For example, you could agree—voluntarily, of course—that if you cheat, you forfeit a certain percentage of the marital estate that would otherwise be allocated to you. As long as your agreement is reasonably fair, the court would be hesitant to supersede it.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Over time, society’s opinions are constantly evolving. Some ideas that were controversial in previous generations may be less so today, while other commonly-held beliefs from decades ago are no longer quite so acceptable. Divorce is a good example. Prior to the 1970’s, divorce was largely viewed as a last resort, and carried a significant social stigma. Since then, public opinion has dramatically shifted, and divorce has become a more socially-acceptable solution for many couples. A new study, however, suggests that the pendulum has begun to swing the other direction regarding how most people view divorce, paired with a new view on the practice of unmarried cohabitation.

Direct Questioning

The National Center for Health Statistics (NCHS), a sub-agency of the Centers for Disease Control and Prevention, has released a report that examined public attitudes regarding marriage, divorce, sex, and related subjects, and how they have changed over the last several decades. The survey was conducted at intervals between 2002 and 2013, and the sample size, while varied at each interval, always included at least 10,000 adult participants. Participants were presented with a number of statements and asked whether they agreed or disagreed with each statement, using a system that allowed them to “strongly agree,” “agree,” “disagree,” or “strongly disagree.”

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Most divorce specialists say that withholding, an abusive behavior between spouses, is a quick way to destroy a marriage. How do you know if you or your spouse are withholding from each other? This behavior can take many forms, but is typically when one spouse stops communicating with the other, denies them of their time, or refuses to do something. There are a few common withholding behaviors, and it is important to recognize some ways you can correct them before they lead you to divorce.

Withholding Information

Anytime you keep a secret from your spouse you risk creating an emotional divide between the two of you. This type of withholding involves not sharing information with your spouse, be it financial information, what you do with your friends, different places you go, and so on. Over time, your spouse will likely come to feel as if they cannot trust you, and trust is key in any successful marriage. If you feel the need to hide things from your spouse, proceed with caution, as you risk damaging your marriage.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Regardless of how you may have reached the decision to end your marriage, doing so is merely the first step in a process that could last for months and present many challenges. Once you have decided to pursue a divorce, it is crucial to begin preparations immediately. Going into your divorce proceedings without a solid grasp on your situation can have disastrous results.

Whether you are about to file your petition for divorce or have recently filed, you should begin to:

Save Money

No matter how much you think you will spend on your divorce, chances are good you will end up spending more than that. Putting aside money is important because you may need to cover court costs, attorneys’ fees, and other expenses associated with the process. You may also need to find a new place to live, which often incurs the cost of a security deposit and moving expenses.

Inventory Your Assets

During your divorce, you and your spouse will eventually need to divide your marital property between you. The first step in this process is understanding what you actually own. Take stock of your property, including everything you can think of that was acquired during the marriage, including furniture, vehicles, savings accounts, and retirement funds. You should also assign a reasonable value for each asset, employing professional help when needed for more complex valuations.

Continue Reading ››

 Posted on December 00, 0000 in Divorce

Divorces, like marriages, are as unique as the individuals involved. Some approach the process looking to extract a measure of revenge against a spouse who wronged them, while others just want the proceedings to be as smooth as possible. Regardless of what a person is looking to accomplish in divorce, virtually nobody wants the process to drag on for months. Once you have made the decision to end your marriage, there are some things you can do to help facilitate faster divorce proceedings.

Be Prepared

Before you file for divorce, it is important to get yourself organized. Inventory what you have, including furniture, investments, and any other property. Preparing a comprehensive list of what you have will allow you to develop a better understanding of what you want following the divorce. Deciding what you want includes more than physical property and cash; you also need to establish whether you should ask for spousal maintenance or primary parenting responsibilities for your children.

Continue Reading ››