Posted on November 18,2014 in Divorce

Many people dread divorce as a complicated or expensive process that involves lawyers and months of conflict. While many divorces require more complicated unwinding to ensure that both parties receive a fair outcome, Illinois law also allows for a simpler method of divorce. This method of divorce, known as a Joint Simplified Dissolution of Marriage, is a quicker way to get a divorce, provided that a couple meets certain qualifying standards. Importantly, proceeding through this simplified process for a divorce, rather than through the ordinary channels, waives many legal rights, so it is important for people considering this divorce process to consult with family law attorneys to learn about all of their options and the rights that they are sacrificing in exchange for this speedy resolution.

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 Posted on November 13,2014 in Divorce

Every young couple wants to find a way to divorce-proof their marriage, but a new study has revealed that the decisions they make just as they are getting married can have a major impact on their likelihood of divorce. New research from the Emory University Department of Economics looked at how much a couple spent on wedding rings and on their weddings over all to see if those expenditures had any effect on the couple's divorce risk. It turns out that despite the fact that many people dream about expensive, fairy tale weddings, such spectacles actually increase the marital failure rate.

The Study's Findings

The researchers used surveys to collect data on thousands of U.S. residents who either were married or had been married, and then examined the data to see if there were any trends between wedding expenses and divorce rates. They found several. For instance, people who bought expensive engagement rings, classified by the study as costing between $2,000 and $4,000, were 30 percent more likely to divorce as compared to people who spent more modestly on their rings, opting for one costing between $500 and $2,000. Interestingly, the trend does not continue for people who spent less than $500 on an engagement ring.

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 Posted on November 12,2014 in Alimony/Spousal Support

Alimony, also known as spousal support, is one of the more contentious issues in many divorces. Many spouses who are being supported feel that they are owed for their contributions to the marriage, while many supporting spouses do not relish the idea of having to continue to support someone they are no longer married to. While recent changes to divorce law in Illinois will make awarding alimony a more streamlined process, it can still be beneficial to understand the different types of alimony and the theories behind them. Spousal support can be broken down into two groups based on whether it is expected to be a temporary arrangement or a permanent one.

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 Posted on November 06,2014 in Divorce

One of the most important pieces of legislation passed in the last few years is the Patient Protection and Affordable Care Act, sometimes referred to as Obamacare. This legislation revamped the American healthcare system in a variety of ways. Many of these changes have important ramifications regarding divorce and the Affordable Care Act. For instance, the Act subsidizes healthcare premiums for certain individuals based on their income level, but the particular income level changes based on whether a person is married or single. Additionally, some people fear filing for divorce because they rely on their spouse's health insurance. The law provides other options to people looking for health coverage.

The Open Enrollment Period

The Affordable Care Act created insurance exchanges that allow people to sign up for health insurance policies. To take advantage of these marketplaces, a person has to sign up during the open enrollment period. The next open enrollment period, which is good for coverage beginning in 2015, runs from November 15th, 2014 to February 15th, 2015. One of the main benefits of these exchanges is that people can qualify for subsidies and tax credits to reduce the cost of their health insurance. These subsidies are based on income level, and the requisite income level changes based on a person's tax filing status, whether they are single, married, or head of household. Because a person's eligibility for cheaper healthcare changes depending on their marital status, it may benefit people who are considering both getting a divorce and getting health insurance to coordinate their divorce so that they can try to qualify for better subsidies on the exchanges by getting a divorce before the end of the next open enrollment period.

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 Posted on November 04,2014 in Divorce

Given the expense and difficulty that can be associated with traditional divorce litigation, many people have begun seeking out alternative divorce strategies. Consequently, other techniques like divorce mediation and collaborative divorce have become more common over the past few decades. This has led to some confusion among people seeking divorces about whether these are different techniques and what the differences might be. The techniques are similar in that they both seek to avoid a long, drawn-out court battle, but there are key differences between mediation and collaborative divorce that may make each of them a better fit for different couples.

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 Posted on October 30,2014 in Divorce

Relationships that began online are a growing trend today, especially among divorcees, but there are pitfalls that people entering into these relationships should be aware of. A new joint study conducted by researchers at the University of Michigan and Stanford reveals that relationships that begin online are more likely to end in divorce than comparable relationships that began traditionally. This new research, which is being published in the journal Cyberpsychology, Behavior, and Social Networking, contradicts older research that was done on the subject at the University of Chicago, which was sponsored by the online matchmaking service eHarmony.

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 Posted on October 27,2014 in Child Custody

American culture emphasizes the importance of spending time with one's family during the holidays. This can make the holidays a particularly difficult season after a divorce. It can often be made tougher by the long wait for them to roll around because statistically speaking, divorces are most common just after the start of the new year. This means that there can be a big gap between when the divorce starts and the next holiday season. Fortunately, there are many strategies people can use to make the holidays run more smoothly after a divorce.

Plan Ahead

Planning ahead for the holiday season can make everyone involved happier. Children are likely going to need to be shuttled between different celebrations for different parts of their extended families. That means that the two ex-spouses are going to need to work together to coordinate how pickups and drop offs work and who is going to be where and when. Alternatively, if the custody schedule creates holidays that alternate by year, then it is important to plan early for which parent is responsible for the kids during the holidays and to develop a system that works well for everyone involved. It can also be helpful to bring the kids themselves in on the planning. Accommodating their thoughts on how they want to spend the holidays, to the extent possible, can help improve everyone's mood during the season.

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 Posted on October 24,2014 in Divorce

Lawsuits are full of procedural requirements to make sure that both sides get a fair hearing, and divorce suits are no different. One of these procedural requirements is known as “service of process.” This is a step that happens early in the suit and is designed to alert the other party to the fact that they are now involved in a lawsuit. It involves delivering the other party a copy of the court filing that started the case, along with a summons to appear in court.

This is, naturally, a necessary step in any legal proceeding because the other side needs to be aware that it is happening for them to come in and tell their side of the story. However, this part of the process is also rife with opportunities for abuse. There are some parties who attempt to avoid service by dodging the person sent to deliver the papers in an effort to delay the start of the case indefinitely. While the law does have a variety of tools to combat that sort of behavior, a New York family law judge just added another one that is perfect for the 21st Century

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 Posted on October 20,2014 in Divorce

Divorce is a process with many different moving parts, and people going through it often focus on the major ones, issues like child custody and property division. While these are absolutely life-altering decisions, there are other, smaller questions that can still be incredibly important. One such question is which parent gets to claim the child as a dependent after the divorce. While this seems to be a fairly minor point of tax law, it is actually quite important. According to IRS regulations for 2013, a person's being able to claim the dependency exemption could save them almost $4,000, and that is just for a single child. The answer to this question turns out to be a little complex and it depends on both IRS rules and Illinois law.

The IRS Answer

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 Posted on October 16,2014 in Child Custody

The American court system is set up to be adversarial in nature, which means that it pits the two parties in the courtroom against each other. Unfortunately, this is the same system that American courts use in divorce, which can lead to spouses getting involved in bitter fights as they try to assert their rights against each other. This setup often obscures the third party being affected by the divorce, the children. Children in a divorce have some rights too, though often limited ones, and it is important to understand these rights during the process. For instance, in some circumstances, Illinois law gives children the right to be represented by an attorney or a guardian ad litem, a lawyer who has their best interests in mind. Additionally, children have a right to be heard in child custody proceedings, although this right is often misunderstood.

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