Posted on May 21,2015 in Divorce

A recent UK survey solidified what many couples, divorcees, and lawyers already knew: social media is bad for marriage and contributes to divorce.

A survey of 2,000 married couples in England found that one in seven partners contemplated divorce because of their spouse’s activities on Facebook, Twitter, Skype, Snapchat, or WhatsApp. The survey also found a partner’s usage of these social media sites contributed to at least one argument per week in 25 percent of the couples surveyed. Seventeen percent of couples, however, said social media usage led to arguments every day.

Continue Reading ››

 Posted on May 19,2015 in Divorce

While the stereotype one sees in Hollywood is people marrying for citizenship, the fact of the matter is many couples have legitimate immigration concerns as they move forward in marriage and in the event of divorce. Depending on which stage of the immigration process you happen to be in, the act of divorcing your spouse can have varying effects on your residency status.

Visa Application (Green Card)

If you are in the start of your immigration process and your spouse has filed a visa petition on your behalf, a divorce would derail that petition and prevent you from moving forward in the process.

Conditional Permanent Residency

Permanent residency status is conditional if it is founded on a marriage that is less than two years old on the day you were given residency. This means your immigration status is affected by your marriage status, and thus you have conditional permanent residency. Ultimately, the federal government wants to make sure you did not fraudulently marry simply for the sake of citizenship.

Continue Reading ››

 Posted on May 14,2015 in Child Support

In most cases, child support ends when a child turns 18. If the young adult is still in high school at this birthday, support for him or her may continue until he or she graduates or reaches the age of 19. In some cases, a parent may be required to help pay for some of his or her grown child's college expenses. But what about a child support and special needs situation?

If you are a parent of a child with special needs, you might have wondered what will happen to your child support agreement once he or she reaches adulthood.

Legal Requirements for Child Support

The Illinois Marriage and Dissolution of Marriage Act addresses the requirements for parents to pay child support for minor children and adult children with special needs. It outlines the factors the court may use to determine a divorcing couple's child support agreement.

Continue Reading ››

 Posted on May 12,2015 in Child Custody

When a couple with children divorces, child custody and child support are often two of the most important issues that the couple has to work out. The court tries its best to work with parents to create a custody arrangement that meets every family member's needs. Under the Illinois Marriage and Dissolution of Marriage Act, the court may make the final decision regarding a child's custody arrangement following his or her parents' divorce. There are various guidelines that the court follows when making this decision. These outlines are also part of the Act.

It is important that a child have contact with both of his or her parents following their divorce. In fact, unless there is a compelling reason to award one parent sole custody of the children, the court usually makes sure that both parents have regular custody time with their children. A child's parents are his or her biggest influences. Studies have shown that children who have consistent, positive relationships with both of their parents have higher self esteem, better communication skills, and a lower chance of becoming addicted to alcohol and other drugs.

Continue Reading ››

 Posted on May 07,2015 in Division of Assets

In a surprising move, the Illinois Supreme Court has decided it will hear a case involving a property dispute between former same-sex domestic partners. The surprise of this decision by the court comes in light of the 1979 Hewitt v. Hewitt decision. The state Supreme Court decided then that the courts should not decide property disputes between unmarried couples. However, with an increasing number of same-sex domestic partnerships (and in turn separation proceedings), the court is willing to evaluate if those same policy concerns apply to same-sex domestic partnerships and divorce now.

Continue Reading ››

 Posted on May 05,2015 in Child Custody

In 2012 Illinois updated its divorce statutes to accommodate service men and women who were deployed overseas but were involved in a child custody battle. The Illinois Marriage and Dissolution of Marriage Act is the statutory body of law in the state that governs divorce and related issues such as child custody. The Act made several key changes to account for parents who are active duty military. The following key provisions were enacted into law:

1. Any order modifying custody (either in part or in its entirety) due to the one parent’s deployment as a member of the United States Armed Forces must now also provide that after a set amount of time following the end of the deployment, the pre-deployment custody order is to be reinstated;

   Continue Reading ››

 Posted on April 28,2015 in Wheaton Divorce Attorney

If you are entering a high asset divorce, there are several more facets to the proceedings than a person facing an average divorce will need to deal with. These are not only limited to the separation of more possessions. If you have children with your soon-to-be-ex spouse, of course, there is yet another layer of complications. If you are facing a high asset divorce, the most important step is to seek the counsel of an attorney familiar with high asset proceedings.

If your children are young, one such matter to resolve could be paying a nanny. If children are older, common issues in a high asset divorce could include private or boarding school tuition. Ideally divorcing couples will divide who must pay for what. The agreement, of course, will not be legally binding until ruled upon by a judge or until such clauses are signed upon in a divorce decree, but coming to the conclusion amicably can help ensure that it is followed after the divorce is finalized.

Continue Reading ››

 Posted on April 23,2015 in Divorce

A recent study by the ING U.S. Retirement Research Institute looked at the effect divorce has on individuals feeling financially prepared for retirement. The negative effects are, in part, due to mistakes people make while still married and subsequently during a divorce that may have an effect on their retirement funds, especially for women.

The study found that only 45 percent of divorced individuals felt prepared for their retirement compared to 54 percent of married persons. It also found that those who were married (or living as married) independently saved $40,000 more on average for their retirement compared to singles.

Continue Reading ››

 Posted on April 21,2015 in Divorce

If you are considering filing for divorce, you are likely aware of the different approaches you can take to end your marriage. Not every dissolution of marriage is carried out in the courtroom – in fact, it can be much faster, easier, and less expensive to divorce outside of court.

Mediation is a popular way for couples to divorce. With mediation, the couple works through their issues in a calm, non-threatening environment with help from a licensed mediator.

Mediation is not the best approach for every divorcing couple. When there are accusations of domestic violence or other criminal activity cited as the reason for the divorce, uncontrollable rage or other negative emotions, or one spouse is battling a substance addiction, mediation is usually not the best choice. Talk to your attorney about the circumstances and details of your divorce and let him or her help you determine whether or not the mediation approach is right for you.

Continue Reading ››

 Posted on April 16,2015 in Uncategorized

Child custody struggles are often high stakes, emotional legal proceedings, and judges understand this. While judges see these sorts of disputes often, they are generalists and not necessarily experts on family dynamics and child development. Consequently, they may choose to order something known as a 604(b) evaluation, named for the portion of the Illinois Marriage and Dissolution of Marriage Act that allows it. These 604(b) evaluations involve an expert, usually someone like a psychologist or social worker, sitting down with the family members and conducting interviews to make a recommendation about child custody.

Continue Reading ››