Posted on May 13,2014 in Divorce

While the vast majority of marriages in Illinois end via a divorce, Part III of the Illinois Marriage and Dissolution of Marriage Act also makes another process available to spouses: annulment. Annulments, technically known as “declarations of invalidity of marriage,” differ from divorces in that a divorce is a formal dissolution of a marriage. An annulment states that, from a legal standpoint, the marriage never happened. Qualifying for an annulment can be more challenging than simply filing for divorce. However, it does create different legal consequences that may be beneficial.

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 Posted on May 07,2014 in Divorce

Divorces can be both stressful and emotionally confusing. Oftentimes, people who feel ready to enter into a new relationship during or immediately after a divorce are faced with the decision of whether to allow their new romantic interest to spend the night at their house. However, overnight stays during divorce might have unfortunate legal and practical consequences. The presence of children could also further exacerbate these legal issues.

The Consequences of an Overnight Stay

Allowing a new partner to stay overnight might have an effect on a person’s ability to receive spousal support, depending on the exact terms of the support agreement. This is because the default rule in support agreements, under section 510(c) of the Illinois Marriage and Dissolution of Marriage Act, allows the supporting spouse’s obligation to end once the supported spouse begins romantically cohabiting with someone else. While a single overnight stay is probably not enough to qualify as cohabitation, the court will look at a variety of factors, including:

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 Posted on May 05,2014 in Divorce

Collaborative divorce, a new trend in divorces, emphasizes both spouses working together to come to an amicable end to the marriage rather than going through the traditional adversarial process in the court system. Collaborative divorce has various advantages. It can be faster. It decreases conflicts. And, according to US News, it can save parties thousands of dollars over the course of the divorce. However, despite these benefits, collaborative divorce is not always the right option for everyone. Therefore, understanding who can best profit from this divorce model can help make the entire process easier.

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 Posted on April 29,2014 in Divorce

Anyone who has watched Law and Order or another similar show is familiar with phrases like “innocent until proven guilty,” and “prove beyond a reasonable doubt.” These phrases refer to the burden of proof in criminal cases. They instruct the lawyers as to who has to prove something and how convincingly they have to prove it. Divorce cases also have burdens of proof, but since it is not a criminal court they operate slightly differently.

What Is a Burden of Proof?

A burden of proof is a legal rule that sets the standard for how a person must prove a fact to be true in court. The burden has two components: who has to prove the fact and how convincingly they have to prove it. Both of these components depend on exactly what type of fact the parties are trying to prove.

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 Posted on April 25,2014 in Divorce

For a long time, social scientists held a common belief that living together before marriage was a strong predictor of divorce. However, new research from the University of North Carolina at Greensboro casts doubt on that idea. Past studies compared divorce rates based on the age at which the spouses married, and found a significant increase in divorce rates among couples who cohabitated prior to getting married. This study’s author believed that this was the wrong way to go about measuring things. Instead, she opted to compare couples based on the age that they began living together, regardless of when they got married.

 What the Study Found

 The UNCG study found that if the researchers compared couples by their age of cohabitation, their divorce risks were equal regardless of whether they were living together before marriage. This is because many couples who move in together begin to “act married,” regardless of whether there has been an official ceremony. The study also did confirm another common belief that couples that pair up earlier have a higher likelihood of divorce. In fact, divorce rates drop by as much as 25 percent for people who cohabitate in their mid-twenties as compared to those who begin living together at 18.

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 Posted on April 22,2014 in Child Custody

A new bill currently making its way through the Illinois legislature could have a big impact on how judges assign visitation rights. The bill, HB 5425, recently made its way out of committee and is now headed to the floor of the Illinois House of Representatives for debate. At present the bill’s chances of passing are still unclear. Its sponsor has agreed to refrain from calling for a vote in light of a family law overhaul bill that has been waiting for a vote since 2012, but that may change if the omnibus bill stalls for much longer.

 The Bill’s Provisions

 If HB 5425 does make it into law, it could have a profound effect on the way judges handle visitation for non-custodial parents. The first portion of the bill gives parents a 90-day window to produce their own, mutually-agreeable parenting plan. If the parents cannot agree, then the bill gives the court the power to make visitation decisions.

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 Posted on April 17,2014 in Divorce

One of the hardest parts about going through a divorce is handling the daily stress that comes with it. While many people think of stress as a purely mental issue, it can also cause physical health problems. One divorce counselor has even compiled a Divorce-Stress scale to help people assess specific risk factors.

Of course, staying in an unhealthy marriage can also cause significant stress, so often people’s best option can be to move forward with a divorce and learn to manage the stress associated with it. Some of the best strategies include reaching out to a support network, staying active, and seeking help from a therapist.

Find a Support Network

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 Posted on April 14,2014 in Child Support

With the cost of college rising and more people attending every year, a common question divorcing parents have is whether a child’s college expenses can be factored into divorce agreements. In Illinois, section 513 of the Marriage and Dissolution of Marriage Act provides the answer. That section provides that judges may award “non-minor support” in the case of a child’s educational expenses in some circumstances. The law provides guidelines on what factors judges should take into consideration when they decide whether to award support, what the support may cover, and what rights are afforded to the parents in exchange for this support.

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 Posted on April 10,2014 in Divorce

You and your divorce lawyer will be working closely throughout the divorce process to ensure that you receive the best possible outcome. Since the divorce process can last for months or years, learning how best to communicate with your lawyer early on can save you time, hassle, and money at a later date.

When talking to your lawyer, it is important to keep the goal of your relationship in mind. Your lawyer represents you and your interests in court. That means that when you talk to them, you should keep your focus on legal issues, be honest and forthcoming, and ask questions about any matters that you do not understand.

 Stay on Point

Staying focused on issues that are pertinent to your case can make meetings go much smoother and quicker. That does not mean though that it is not worth building a relationship with your attorney. The two of you will be dealing with each other often, and discussing sensitive issues from time to time.

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 Posted on April 07,2014 in Divorce

Although divorces are common enough today that most people have some experience seeing them from the outside, many people do not understand the actual steps of a divorce. Divorce, like many legal proceedings, is broken down into a series of stages. It begins with filing the petition for divorce, and can move all the way into trial, with several steps in between.

 The Divorce Petition

The divorce proceedings begin when the plaintiff, also known as the petitioner, files a petition requesting a divorce. This petition is a piece of paperwork that makes the court aware that the petitioner would like to dissolve the marriage. The actual form itself is often very short, only detailing things like the general grounds for the divorce, the number of children, and other pertinent information. 

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