Divorce Study: More Siblings Means a Stronger Marriage

 Posted on August 06,2015 in Divorce

As annoying as growing up in a family full of siblings can be, people with good marriages may just owe their brothers and sisters a thank you. A sociology study published by researchers at the Ohio State University has found that there may be a link between having more siblings and having marriage that is less likely to end in divorce.

In order to come to this conclusion, the researchers used data from the General Social Survey, which records information based on interviews with 57,000 U.S. adults. The researchers examined several generations, using study data from 1972 to 2012.

The Study's Findings

The study's authors found that a person's risk of divorce drops two percent for each sibling he or she has. However, this trend only continues up to about seven siblings before the divorce risk levels off. This is especially interesting because it means that only having one or two siblings does not significantly change a person's divorce. Instead, what really matters are the shifting family dynamics that occur with larger numbers of siblings.

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Family Laws Moving towards Equal Child Custody Time

 Posted on August 04,2015 in Child Custody

There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.

There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody, on the other hand, is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.

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Divorcing with Disabled Children

 Posted on July 30,2015 in Child Custody

Any divorce involving children is exceedingly challenging and emotionally charged, but when a divorce involves disabled or special needs children, the stakes become much higher. The term the “best interests of the child” – one which is used in Illinois – becomes all the more paramount. As such, the approach to a divorce proceeding requires a more nuanced and open-minded touch because the needs of a disabled child will change the calculus and focus of the judge. There are four critical issues that must be addressed with when a divorce involves children with disabilities.

Critical Issues to Consider

The first issue that must be addressed involves visitation agreements and the transition between homes. Typically, in situations involving joint custody, parents alternate weekends or have visits scattered throughout the week. In the case of children with disabilities this may not be the appropriate approach depending on their physical and mental limitations. Changes to a daily routine can be exceedingly problematic for children with mental disabilities because it can be very disruptive and stressful. For example, even something as minute as a different lunch time or babysitter can be very disruptive to a child with autism or similar conditions.

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Keeping the Marital Home in a Divorce

 Posted on July 28,2015 in Wheaton Divorce Attorney

Dealing with the marital home is one of the biggest pieces of the property division process. It is likely a significant portion of the marriage's assets; it is a complicated, unique piece of property that can be tough to price; and it often comes with a lot of emotional investment on both sides. Many spouses fight tooth and nail to keep their home in the divorce, but a report by Forbes highlights the fact that this is not always a good idea. While there may be legitimate reasons to fight for the marital home, people should go in with their eyes open about the true costs.

Reasons to Keep the Marital Home

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Common Mistakes in High Asset Divorces

 Posted on July 23,2015 in Division of Assets

 Divorces, no matter the income level, can become very ugly very quickly. This is especially true for high value or high asset divorces in part because there is more room for mistakes. When a couple is attempting to divest various assets and properties, the more on the list, the greater the confusion, tension, and risk.

Common Mistakes

The first and most common mistake made by couples engaged in such a divorce is failing to properly account for all of their assets and liabilities. It is extremely important you take the time to list all of your assets and liabilities. While this may be a time consuming process, it will benefit you during the divorce proceedings. This way, you can account for all of the assets to which you may be entitled and you can account for any debts that may exist.

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Continuing Your (Spouse's) Health Insurance After Divorce

 Posted on July 21,2015 in Divorce

With the recent Supreme Court decision upholding vital components of the president’s Affordable Care Act, it is timely to review how health insurance coverage factors into divorces.

The Illinois Spousal Continuation Law is the state statute designed to protect a spouse and dependent children who lose group health insurance coverage due to death or retirement of the employee, or divorce from the employee, through whom they received coverage (i.e. the other spouse). It applies to Illinois group insurance and accident health plans offered to employees regardless of the size and to fully insured Illinois HMOs. It, however, does not apply to those who are self-insured employers or are part of self-insured health and welfare benefit plans (i.e. union plans). The Act is triggered when the individual holding the insurance divorces his/her partner, but the partner and dependent children were covered by the insurance plan prior to the petition for a divorce being filed.

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Child Support and Remarriage

 Posted on July 16,2015 in Child Support

Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.

Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."

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Property Division: Man Saws Belongings in Half Pending Divorce

 Posted on July 14,2015 in Divorce

After receiving the order from the court that all property was to be divided in half as part of the divorce, a German man literally cut all of his property in half – from the car, to his phone, to a teddy bear.

Division of Property in Illinois

The misconception in most cases is that divorces will result in the marital property being divided in half, as in the case of the German story. This, however, is not the case in Illinois. Illinois is known as an equitable distribution state. This means in a divorce case, if the parties cannot come to an agreement on the allocation of the marital property, the court will look to divide up the assets based on what is fair under the circumstances of that particular divorce. The following are some but not all of the factors a court may look into:

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Relocating after Divorce

 Posted on July 09,2015 in Child Custody

Moving after a divorce is a common practice. Often it happens before the divorce is complete. There are almost no restrictions on where a divorced party can move so long as they meet their agreed upon obligations. The primary time relocation can be tricky is when children are involved.

Relocation Involving Child Custody

It is not uncommon for divorced parents to live near each other, but at the end of the day power or decision of relocating the children lies with the custodial parent. The custodial parent is the parent the children live with primarily. Under Illinois law, the custodial parent has the right to move children after a divorce so long as any stipulations, agreements, or restrictions agreed to in the custody agreement are honored and maintained. Furthermore, despite having the right to relocate, the noncustodial parent still should be notified in advance so they may have the opportunity to object if they so desire. Advanced notice is especially critical for parents looking to relocate out of state, because there are then additional steps that may take place if the noncustodial parent wants to stop the move.

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Contested Divorce – Two-Part Process

 Posted on July 07,2015 in Divorce

When you think of how divorce is portrayed publicly, you may imagine bitter fights between two people who no longer can stand each other. There are many kinds of divorces, and this particular type is called a contested divorce.

Every state has different requirements for what entails a contested divorce, but it typically describes a situation when two people want to get divorced but do not agree to the terms. Under Illinois law, however, the following situations are considered contested divorces:

• When one party is contesting the very attempt to divorce (i.e. one wants the divorce and the other does not);
• When there is a disagreement over custody and a child’s living arrangement;

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