Posted on April 11, 2019 in Divorce

Studies on the likelihood of divorce often look at factors on a personal level, such as an individual’s income, education, employment, and maturity at the time of marriage. A recent study from the University of California at Irvine instead looked at how society as a whole affects the likelihood of divorce. The researchers collected divorce data from 84 countries from 1970 to 2008. They did not include the U.S. in the study because they considered its statistics to be an outlier, but the findings of the study can still be applied to the U.S.

The global divorce rate more than doubled during the study period, increasing from 2.6 divorces per 1,000 marriages to 5.5 divorces per 1,000 marriages. Countries in Northern and Western Europe generally had the highest divorce rates, while divorce rates were lowest in Southern Europe, Latin America, and Eastern Asia. Divorce rates greatly varied amongst countries in regions such as Eastern Europe, the Middle East, and Central Asia. Some countries bucked their regional trends, such as Cuba having a high divorce rate and Ireland having a low divorce rate. Researchers found five common characteristics in many of the countries with high divorce rates:

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 Posted on March 16, 2019 in Prenuptial & Postnuptial Agreements

Because of Illinois’ no-fault divorce law, couples can no longer punish each other for acts such as infidelity when filing for divorce. Previously, spouses may have accused each other of immoral behavior in order to avoid paying spousal maintenance or keep a greater share of the marital properties. Now, irreconcilable differences are the only reason that couples can cite for their divorce. Some couples are instead using prenuptial and postnuptial agreements to try to penalize a spouse’s behavior. A lifestyle clause sets rules for a marriage that will result in a financial penalty if either spouse breaks them. However, you should understand the potential problems of lifestyle clauses before you include one in your agreement.

Enforceability

Lifestyle clauses are relatively new, which means that there is little legal precedent for them in courts. The individual opinions of the judge may determine whether a court enforces the clause. Some judges may reject any provision that penalizes a spouse for fault during a divorce. Other judges may allow the clause as long as:

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 Posted on March 07, 2019 in Divorce

As cruel as it may seem, a spouse developing a severe or chronic illness can increase the risk of divorce. Husbands, in particular, are more likely than wives to request a divorce, whether it is during treatment or recovery. Diagnosis of serious sicknesses, such as cancer, puts stress on a marriage, and a relationship that was already weak may not survive. It is important to seek help if you are going through a divorce while also fighting against major illness.

Sources of Stress

Treatment for a serious health problem puts pressure on both spouses. In some cases, the sick spouse may never fully recover, which will permanently change their marriage. Though the supporting spouse may try to remain loyal, he or she may be unable to handle the stress of:

• Taking on new or increased responsibilities in their marriage;
• Growing medical expenses related to the illness;

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 Posted on February 28, 2019 in Paternity

When it comes to artificial insemination and parental rights, there is an important distinction between a known and unknown sperm donor. A man waives his paternity rights and responsibilities when he donates sperm to a medical facility that uses it to impregnate an unrelated woman. The man could not later claim parenting time, and the woman could not force the man to pay child support. However, some men and women enter private agreements for the woman to use a sperm donation to have a child. Illinois courts may not recognize private agreements that claim to waive a father’s parental rights.

Entering an Agreement

Some prospective parents prefer to know the man who will be the biological father rather than using a sample from someone anonymous. They may place a public notice to look for a donor or even ask a friend. When entering a private sperm donor agreement, it is wise for both parties to create a contract that outlines whether:

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 Posted on February 19, 2019 in Divorce and Finances

Being able to afford your divorce may be one of your largest obstacles when you are considering whether to end your marriage. You will need enough money to hire a divorce attorney and support yourself when the process starts. You cannot rely on being able to immediately access the money in your marital accounts, which may be frozen. If you are financially depending on your spouse, it could take months to establish spousal maintenance payments. In order to afford a divorce, you can start saving money while married and consider other sources of financial support.

Emergency Fund

You need a source of money that is independent of your marital bank account. It could be an individual savings account or cash, as long as it is secure and easily accessible. Your savings should come from individual sources of income because taking the money from a joint account will draw suspicion from your spouse. The money could be:

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 Posted on February 14, 2019 in Child Custody

Since 2016, Illinois has used the term “allocation of parental responsibilities” instead of “child custody.” The name reflects that parenting after a divorce or separation is a shared responsibility, not just a determination of who gets to keep the kids. Each parent must fulfill his or her assigned responsibilities when the children are with him or her. If one parent is incapable or unwilling to assume those responsibilities, then a court may give sole responsibility to the other parent.

Caretaking Functions

Illinois’ Marriage and Dissolution of Marriage Act has a list of parental responsibilities, which it calls “caretaking functions.” There are eight functions that parents are expected to provide for their children during their parenting time:

1. Attending to a child’s nutrition, health, safety, and hygiene;

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 Posted on February 11, 2019 in Divorce

Teachers have a lower divorce rate as compared to other professions, but those who do get divorced face unique challenges. As a teacher, your primary concern is usually for your students. Your caregiving nature likely extends to your home life, as a spouse and parent. During your divorce, you may be focusing on your own needs more than you are accustomed to doing. It is important to take care of yourself during your divorce and plan how you will balance your teaching career with your personal needs.

Taking Time Off

Most divorcees use occasional personal days in order to attend meetings or court hearings. Teachers must also be aware of their emotional state and how it may affect their students:

• You must be able to make it through the school day without emotionally breaking down in front of your students; and
• Being distracted by your divorce may make you less attentive as a teacher.

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 Posted on January 17, 2019 in Property Division

It can be difficult to continue to make house mortgage payments on your own after your divorce. However, you may be able to keep your marital home for the foreseeable future if you are able to get a reverse mortgage on your house. Reverse mortgages are available to people who are at least 62 years old and have a large amount of equity in their home – usually at least 50 percent. You use the money you receive from a reverse mortgage to pay off the remainder of what you owe on your home mortgage, with the surplus available for other expenses. Gray divorcees should consider whether a reverse mortgage could help them during the division of property, though there are risks.

How It Works

Assuming that you qualify, you can apply for a reverse mortgage – also known as a Home Equity Conversion Mortgage – with lenders who specialize in this type of loan. The amount of money that you can borrow will increase in conjunction with your age and the value of the property. With a reverse mortgage, you no longer make mortgage payments on your home or payments on the loan as long as you remain in the house. The loan and interest are due when:

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 Posted on December 12, 2018 in Divorce

Going through a divorce can put you at risk of identity theft by your spouse, who knows much of your personal information and may be motivated to use it against you. He or she may steal your identity for financial gain or revenge. Even if your spouse has no history of stealing from you, the stress of divorce may cause him or her to behave unusually. If you do not protect yourself in time, identity theft can drain your financial resources and ruin your credit rating.

Prevention

You should act during your divorce as though your personal information is vulnerable, even if the likelihood that your spouse would steal your identity seems remote. Your spouse knows enough about you to circumvent some of the security measures that protect your private accounts. At the beginning of your divorce, you should:

• Run a credit report so you are aware of all the financial accounts you are connected to and may be liable for;

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 Posted on December 04, 2018 in Child Support

Losing your job and being forced into retirement normally qualifies as a change of circumstances that will allow you to reduce your child support payments. The recent decision for In re Marriage of Verhines shows that a court will consider more than income to determine a parent’s child support obligation in high-income cases. The Illinois appellate court said that there were unique circumstances in this case as opposed to a normal request for child support relief.

Case Background

A 65-year-old divorced father of a teenage son initially requested a reduction of his child support payments in December 2015 after his forced termination from his previous position as an executive at a packaging company. The father was paying $3,043 per month based on his previous income but effectively entered retirement because he was unable to secure another full-time executive position at his age. A trial court reduced his child support payments to $1,700 per month, claiming that the father’s income was $78,000 per year and that he could not be expected to withdraw from his retirement benefits to maintain the same level of child support payments. He had previously taken $400,000 out of his retirement account to pay for personal expenses.

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