Posted on October 18, 2018 in Divorce

Who files your petition for divorce may be a formality, but taking the initiative in the divorce process can give you an advantage in some cases. The advantage will not change the requirements for a fair and equitable divorce. Instead, the spouse who files first may be more prepared and feel in greater control of the process. These advantages can help you in negotiating a favorable divorce settlement.

Preparation

Filing for divorce immediately affects your access to your marital assets and forces you to have legal representation in time for the first hearing. By being the one to file, you can:

• Hire your divorce attorney in advance;
• Collect the documents you will need for the negotiations;
• Determine how you will financially support yourself during the divorce; and
• Put aside money for personal and legal expenses.

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 Posted on October 13, 2018 in Divorce and Finances

Your efforts to protect your business from a possible divorce should have started at the beginning of your marriage. Keeping your business finances separate from your personal finances prevents your spouse from claiming ownership of your business. You can also create a premarital agreement that gives you complete control of your business in case of a divorce. Without these protective measures, your business is a marital property that you must account for in the division of property. You can maintain control of your business after your divorce, but it may require some sacrifices. Here are four steps to protect your business during your divorce:

1. Separate Business from Marriage: Your business may already be a marital property if you invested marital assets into it. Moving forward, you should create a wall between your business and personal finances. Have separate accounts for business and personal expenses and do not transfer money between them. Limit your use of marital properties as part of your work. You should have separate business and personal finance records.

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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 October 04, 2018 in Child Custody

Stepparents can form strong connections with their stepchildren that are similar to the children’s relationships with their biological parents. If the stepparent divorces the biological parent, it may be in the children’s best interest to continue to see their stepparent. Illinois allows stepparents to petition for parental responsibilities or visits with their stepchildren following a divorce. However, the stepparent likely needs the biological parent’s consent in order to see the stepchildren. Obtaining parental responsibilities is rare because it requires proving that the biological parent is unable to perform his or her duties.

Visitation

A stepparent can request court-ordered visitation with a child after a divorce, but the biological parent must consent to the visits. Illinois law has a rebuttable presumption that a fit biological parent’s choice to deny visitation does not harm the children. The stepparent must prove that denying his or her visitation is unreasonable or harmful to the children. The court will consider:

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 Posted on October 01, 2018 in Divorce Over 50

It is difficult for people outside of a marriage to understand why a couple would divorce after being together for decades. Family and close friends want an explanation because they are surprised by and upset about the change. Observers may conclude that:

• One of the spouses is going through a midlife crisis and made an impulsive decision to divorce; or
• The spouses were waiting for their children to become adults before they divorced.

These are both factors that can influence the timing of a divorce. However, gray divorce can occur for reasons that defy common stereotypes:

1. Getting a Divorce Is Rarely Impulsive: People going through a midlife crisis stereotypically seek youthful excitement, and finding a younger romantic partner can make someone feel younger. However, getting a divorce is not as simple as buying a sports car. The process takes months to complete, and the result upends your life socially and financially. Deciding to divorce can be impulsive, but completing it takes commitment.

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 Posted on September 29, 2018 in Divorce

When you have decided to divorce, it is logical to seek advice from a friend who has already gone through a divorce. However, you should understand what is appropriate for you to request from your friend. Someone who has previously divorced understands the stress and emotional pain you are going through. That experience does not extend to legal decisions about your divorce.

Not Your Lawyer

Going through a divorce does not make someone a legal expert. Your friend may have learned about the process, but that does not qualify him or her to advise you about your divorce. You should not compare your divorce to your friend’s divorce because there are numerous factors that may differentiate your cases, such as:

• The amount and types of marital properties you have;
• The number of children you have;

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 Posted on September 25, 2018 in Divorce

The political war between conservatives and liberals can claim several marriages as among its casualties. The media and public are noticing more divorces caused by political disagreements between the spouses. A recent study found that:

• 29 percent of the respondents believed political differences are causing tension in their marriages or relationships;
• 11 percent divorced or ended their relationship due to their political differences; and
• 22 percent of millennials divorced or ended their relationship due to their political differences.

Your marriage can work if you are on the opposite end of the political spectrum from your spouse, but couples are finding it more difficult to avoid the issue.

‘The Trump Effect’

Many people identify the political rise and election of President Donald Trump as a flashpoint in political divisiveness between couples. The president has polarizing views on political and societal issues, and many people either vehemently oppose or enthusiastically support the views. There have been well-publicized stories about spouses ending their marriages because one person voted for Trump in the election or supports his policies. Trump’s presidency has increased political discussions among friends and family, but the worsening political divisions started before he took office:

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 Posted on September 21, 2018 in Child Custody

You must act decisively to protect your child if you suspect that your co-parent is abusing your child or allowing someone else to abuse him or her. It may be necessary for you to take sole responsibility for your child until your co-parent can show that your child will be safe around him or her. However, a family court will not take away all of your co-parent’s rights and responsibilities unless you can provide convincing evidence of the abuse. You must establish that the abuse is occurring, that your co-parent is responsible, and that giving you sole responsibility for your child is in his or her best interest:

1. Physical Evidence: You may suspect child abuse if your child is injured after returning from a visit with your co-parent. Your child may be afraid to tell you that your co-parent caused the injury, but you should be suspicious if your child cannot give a plausible explanation for the injury. If you believe your co-parent is responsible for the abuse, you should document it by taking pictures of visible injuries and visiting your child’s pediatrician.

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 Posted on September 18, 2018 in Child Support

You can order your former spouse’s employer to withhold money from his or her pay if that former spouse is not making his or her required payments for child support or spousal maintenance. You must send your uniform order of support and a notice to withhold to your spouse’s employer. Once it receives the notice, the employer must:

• Withhold money from your former spouse's paychecks, starting with the first pay period in the next 14 days; and
• Send payments to a state disbursement unit within seven business days of the date that the former spouse is paid.

If the employer does not comply with the notice, you can file a third-party complaint against the employer for receipt of the missed payments and a $100 fine for each day that the employer did not comply.

Recent Example

In the case of In re Marriage of Schmidgall, a woman filed a complaint against her former husband’s employer for ignoring her notice to withhold for six months. The woman’s lawyer initially sent the notice to withhold by certified mail in May 2014, but the envelope was returned and marked “refused.” The lawyer sent two more notices in June and August, both of which were returned as “unclaimed.” The employer claims that it did not receive a notice until late December, after which it began to comply. Testimony in the case established that:

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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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