Immature Marriage More Likely to End in DivorceA popular myth about marriage in the U.S. is that half of all first marriages end in divorce. Data says that the divorce rate peaked at 40 percent in 1980 and has been declining since. Thus, it is false to assume that a marriage is just as likely to fail as succeed because it is a first marriage. However, there is a demographic that is more likely to divorce from their first marriage. They are people who:

  • Marry when they are younger than 25;
  • Do not have a college education; and
  • Are in a lower income class.

These characteristics identify people who are getting married when they are still immature.

Marriage Is Work

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Filing for Bankruptcy When Getting DivorcedSpouses share their debts during a marriage. When they decide to divorce, those debts are split between the two sides, with each spouse taking responsibility for paying a portion of the debt. However, creditors hold divorced spouses equally liable for their marital debts, regardless of the terms of the divorce settlement. If one divorced spouse fails to pay his or her share of the debt, the creditor will go after both spouses. A couple facing overwhelming debt can file for bankruptcy to either discharge the debt or create a repayment plan. Bankruptcy may allow a divorcing couple to reduce or eliminate the shared debt that will tie them together after their marriage has ended. Couples should consider filing for bankruptcy before they divorce.

Types of Bankruptcy

People most commonly file for either chapter 7 or chapter 13 bankruptcy. The differences between the two may determine which type a divorcing couple prefers and when they want to file:

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Why Friends May Abandon You During Your DivorceWhen you are starting your divorce, you may take comfort in the belief that you can rely upon your friends to provide emotional support during the process. Unfortunately, your divorce can change your relationship with your friends. Some may try to distance themselves from you by:

  • Treating you coldly;
  • Declining social invitations; or
  • Not inviting you to social events.

You may feel betrayed because these friends have abandoned you when you need them. Before completely writing these people off, you should understand how divorce can affect people’s friendships.

Staying Impartial

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Four Scenarios Using Illinois' New Child Support LawIn July, Illinois enacted a long-anticipated overhaul of its child support payment law. Whereas the previous system always placed the financial burden on the party with less parenting time, the income shares model more equitably splits the parenting cost between the parties. The court combines the parents’ net monthly incomes and calculates the percentage of the combined incomes that each parent’s individual income accounts for. The court consults a chart that quantifies the expected monthly child-related expenses, based on the number of children and combined incomes. Each parent is responsible for paying for a percentage of the child-related expenses that equals the percentage that his or her income makes up of the combined incomes.

In most cases, the parent who is allocated a majority of the parenting time will still receive child support payments from the other parent. However, the amount will vary more than it did under the previous system, depending on:

  • If the recipient parent has a greater income than the paying parent; and
  • If the parenting time is split so that each parent has the children for at least 40 percent of the time during a year, which is called Shared Physical Care.

To help explain the new income shares model, here are four child support scenarios. In each scenario, the parents have two children and a combined net monthly income of $5,000:

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Cohabitation Does Not Entitle Couple to Share of PropertySociety has become more accepting of couples who cohabitate without marriage, but laws do not yet treat them equally. Some states, including Illinois, prohibit common law marriages, in which couples act and present themselves as married but never obtain a legal union. While this may limit a couple’s rights when they are together, it also affects them when their relationship ends. Illinois laws state that couples who dissolve their marriages or civil unions are entitled to an equitable division of their shared properties. Because Illinois does not recognize common law marriages, cohabitating couples do not have the same property rights unless they created their own separation agreement.

Legal Precedent

Illinois’ Supreme Court has twice decided that cohabitating couples are not required to equitably divide their properties after their relationships end:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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