Posted on November 10, 2018 in Divorce

Statistics from the Pentagon show that 3.1 percent of the married members of the U.S. Military divorced in 2017. The Pentagon calculated the percentage from the number of married members at the beginning of the year and the number of reported divorces by the end of the year. It is difficult to compare the military divorce rate to the overall divorce rate in the U.S. because they are collected and measured differently. The national divorce rate is expressed as the number of divorces per 1,000 people. Still, military divorce data can show trends and subgroups that have a higher rate of divorce.

Divorce Numbers

The military divorce rate has remained around 3 percent for the past four years, while the number of military members who are married has dropped to around 51 percent. Researchers consider millennials to be largely responsible for the declining marriage rate, which also means fewer divorces. However, the military marriage rate is still higher than the national average. Other military divorce statistics show some interesting trends:

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 Posted on November 03, 2018 in Paternity

As a father, you cannot forgo your financial obligation to your biological children, even if you no longer see them after divorcing or separating from their mother. However, you may not be required to make child support payments if you are not the child’s father. Family law courts prefer for a child to have two legally established parents for purposes of support and security. If the court presumes that you are the father, you will need to file a form stating that you deny paternity of the child.

Establishing Paternity

Illinois law assumes that you are the biological father of a child if you were married to the mother during the child’s conception or birth. If you have never been married to the mother, you can still be the legal father if:

• You sign a Voluntary Acknowledgment of Paternity form;
• Illinois Child Support Services enters an order than names you as the father; or

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 Posted on October 10, 2018 in Divorce

A long-term study on the social effects of divorce found that people are more likely to divorce when others in their social circle have already divorced. According to the data, a person’s likelihood of divorcing increased by:

• 75 percent when a friend divorced;
• 147 percent when multiple friends divorced;
• 22 percent when a sibling divorced; and
• 50 percent when a co-worker divorced.

Researchers refer to groups of friends divorcing around the same time as divorce clusters. Some observers have wondered whether divorce may be contagious – not as a virus but as a social influence. A friend’s divorce may help you decide to divorce but is unlikely to be the cause of your divorce.

Living Evidence

Many divorcees needed years to conclude that their marriages were broken beyond repair and they were better off getting divorced. Uncertainty about your life after a divorce may keep you in a marriage that you know is not working. When a friend divorces, you have an example of what life after a divorce may be like. Your friend’s experience may give you a positive impression of divorce if he or she:

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 Posted on September 15, 2018 in Property Division

You have a sentimental and monetary decision to make in regards to what you should do with your engagement and wedding rings after your divorce. There are three options:

• Sell the rings;
• Keep the rings; or
• Give the rings back to your former spouse if he or she gave them to you.

Studies have found that Americans spend more than $6,000 on average for an engagement ring, and that average may be more than $8,000 in Illinois. Thus, the fate of your rings is highly valuable to you and your former spouse.

Selling the Rings

Illinois courts consider engagement and wedding rings to be gifts between spouses, which means they are separate from marital property. As the owner of the rings, you have the right to sell them and keep all of the proceeds. A premarital agreement could create an exception if the agreement states that you must either return the ring to the original purchaser or share its value as marital property. The value of your rings can still affect your division of property, even if they are not part of the marital property. The court has the discretion to compensate a spouse in the division of property if the other spouse has significant nonmarital properties.

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 Posted on July 14, 2018 in Child Custody

Parents commonly disagree on how much supervision and protection their children need. While many parents seek a balance between freedom and control, some parents skew heavily towards one side. Helicopter parents believe their constant involvement protects their children and guides them towards the right path. Free-range parents believe that giving their children independence teaches them self-sufficiency. Both parenting styles have some merit, but laws favor helicopter parenting over free-range parenting because allowing a child to roam freely can be viewed as neglect. A divorcing parent who believes in a free-range style may also be at a disadvantage when a court determines the allocation of parental responsibilities.

Definition of Neglect

Parents in a divorce may accuse each other of neglect as a reason why they should be the children’s primary parent. Illinois has a legal definition of child neglect that includes:

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 Posted on July 05, 2018 in Divorce

Your mind can convince itself that you are not feeling stressed or depressed, but your body is more difficult to fool. Thus, your body may surprise you by feeling ill during your divorce. If your divorce is not causing you some stress, you either have nerves of steel or are completely oblivious to the high stakes of your divorce. Stress puts your body on a state of high alert as it prepares to react to a real or perceived threat. The constant stress of a divorce can wear your body down, and the mental strain may cause you to make poor decisions that do additional harm to your body. Here are seven symptoms that divorce-related stress can cause:

1. Weakened Immune System: People who experience excessive stress are often more susceptible to contracting colds and illnesses. Stress strains your body and makes it less capable of defending against sickness.
2. Fatigue and Insomnia: High levels of stress may cause your body to secrete hormones that tire you out but also make it more difficult for you to fall asleep. Insomnia can cause additional fatigue and stress, which perpetuates the cycle.

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 Posted on June 29, 2018 in Child Support

Each parent’s net income helps determine the total child support obligation owed to pay for the expenses of raising their shared children. Illinois’ Supreme Court has defined child support income as a gain to a parent’s wealth that allows him or her to better support the children. Income commonly comes from recurring sources such as job wages and gifts but also includes one-time, lump-sum payments, such as a personal injury award. A sudden gain of thousands of dollars changes the amount of money a parent has available to pay child support, at least temporarily. However, Illinois courts do not count the entire personal injury award as part of a parent’s child support income. A recent case helped define how much of the award can go towards child support.

Break Down

The total award or settlement in a personal injury case is meant to pay for specific damages related to the injury, including:

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 Posted on March 11, 2018 in Child Custody

A parenting plan sets the schedule for when children stay with parents who live apart, but Illinois courts generally presume that separated parents should be able to expand their parenting time when circumstances allow it. That is why some parenting plans include a right of first refusal for each parent. Special circumstances sometimes prevent a parent from being able to watch the children during his or her scheduled parenting time. The right of first refusal requires the unavailable parent to offer the other parent a chance to watch the children before asking a third party. Separating parents may agree to this provision because they know that the children are best off being with one of them. However, there are several variables to a right of first refusal provision that can cause disagreements.

Conditions

It may be impractical for a parent to be required to contact his or her co-parent every time he or she needs childcare. The co-parents must also decide how the transfer of the children would work. A right of first refusal provision includes conditions that clarify when and how the provision is used. This may include:

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 Posted on January 19, 2018 in Divorce and Finances

Divorce is an expensive process. Beyond what you may give up in the divorce settlement, you are responsible for paying attorney and court fees. You may need an alternative form of financing if your available income cannot pay for your legal fees. Establishing credit or liquidating assets involves its own risks. You must carefully consider the consequences of each form of financing before making your decision.

Bank Loans and Credit Cards

If you have a good credit rating, you can pay your legal fees by taking out a loan or charging it to a credit card. Naturally, you will pay more over time because of interest. However, you must also consider what level of payments you will be able to afford after your divorce. You, and not your spouse, are responsible for the debt you create after you file for divorce.

Personal Loans

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 Posted on January 11, 2018 in Divorce

Dating after divorce would be simpler if there was a set amount of time after which you knew you were ready to start a new relationship. Emotionally moving on from your marriage is a process, not a time period. Divorcees create arbitrary waiting periods because they know they should not immediately jump into a new relationship. However, you cannot predict how long your emotional recovery will take. Entering into a relationship too soon after a divorce can lead to impulsive decisions and unfortunate consequences.

Still Recovering

Divorcees may feel the desire to start dating again before they are emotionally ready for a new relationship. Dating fills a void left by the divorce and distracts you from addressing your underlying emotions. During a new relationship, you can tell that you have not moved past your divorce if:

• You measure your new partner against your former spouse;

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