Recent Blog Posts
Children of Divorce: Negative Consequences
Divorce, by nature, lends itself to being an unpleasant experience for all parties. Between splitting financial assets, dividing debt, and even relocation, getting a divorce in Illinois can prove to be taxing. It is important to remember that this major life change can mean broad implications for loved ones as well--most importantly any children involved.
A child’s response to the divorce process directly correlates with their developmental stage. Generally, younger children display an increased attachment to authority figures and especially guardians. And watching parents separate can impact a child in several ways, including:
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Amplification of dependency on others;
The Effects of Alcohol Abuse on Divorce
There are many stressors that come with taking marriage vows. And while issues such as money, health problems, or even trouble communicating can certainly lead to conflict, and even divorce, the implications of adding alcohol abuse can also be devastating to a relationship.
Despite the efforts the United States has made to curb the use of illicit drugs, it is ironic that the intoxicant doing the most widespread damage is not illegal at all. In fact, a study cited by the National Institute of Health in 2012 concluded that an estimated 17 million people exhibit symptoms of some form of alcohol abuse.
Is Mental Health Hurting Your Marriage?
Problems with mental health and psychological disorders can place an extremely large stressor on any relationship, and can certainly contribute to many divorces across Illinois and the United States. The various symptoms of these vastly different medical conditions often go unaddressed, causing subversive conflict. And according to the National Institute of Mental Health, an estimated 57.7 million American adults suffer from psychological disorders.
Considering the regular conflicts that arise in marriages every day, if one or both partners suffer from a psychological disorder, these problems can easily become amplified – and often accumulate over time. By definition marriage is a partnership. If one party has a problem it generally transfers to the other – whether intentional or not.
Sexual Health & Compatibility in Marriage
The sexual health of a marriage is incredibly important, and it is also one of the most difficult issues to breach with a significant other. And if it is breached, and then builds within the relationship, emotions can eventually explode if the situation is not adequately addressed. The most serious cases involve extramarital affairs on one or both sides, and can result in a consultation with a divorce lawyer.
Reputable studies have claimed cheating as present in 55 percent of divorce cases. These affairs are often nothing more than the end result of a pattern of behaviors often present by one or both parties. And some of the problems do not start out as what would normally be considered abnormal behavior, but can be telling signals of problems to come. In fact, studies show the more frequently a person watches X-Rated movies or other pornographic materials, the more likely they are to engage in an affair outside of marriage.
Dividing Assets during Divorce
One of the most uncomfortable and difficult parts of an Illinois divorce is the process of dividing property, and the subsequent liquidation of assets that often occurs. There are a host of different issues to consider based on each individual situation, and your response can impact both your short and long term financial health. In the United States, there are two ways of dividing property in a divorce depending on the state in which you live. In Illinois, the principle of equitable distribution applies and gives the court a lot of discretion when splitting assets.
In equitable distribution the courts can consider several factors before rendering any financial decision. Factors include:
Divorce Issues: Child Custody and Visitation
One difficult and highly contested issue in divorce involves child custody and visitation rights. It is only natural for each parent to want to be guaranteed a relationship with his or her child or children, regardless of the marital situation. And in cases of child custody and visitation in an Illinois divorce, there is a lot to consider.
Below includes a list of common child custody arrangements, and the circumstances to which they are applied:
Scheduled visitation: These arrangements are made for the exact days a child spends with each parent, and this type of visitation is very common for parents who split custody of children. Children may alternate weeks between parents, have designated holidays with each parent, and even split visitation during winter and spring breaks from school. Denial and restriction of visitation: A court does have the right to deny and limit visitation at their discretion. Reasons for denial include past physical or sexual abuse, use of alcohol and drugs, and any other factors likely to endanger the children. All can force the hand of the court in these cases. Supervised visitation: Similar to the instance above, the court also can mandate that all visits be supervised by a social worker or a designated family member. Visitation and child support: If one parent falls behind on child support payments or stops paying all together, the custodial parent may not stop him or her from seeing their children. However, the custodial parent should contact an experienced family law attorney to recover support payments instead of using custody as leverage.If you are going through a divorce, have one impending, or even need to modify an existing divorce agreement for custody reasons or otherwise in the Chicago, Illinois area, the Law Office of Matthew M. Williams provides individual family law services efficiently and effectively to each client. With clients in DeKalb, Kendall, and DuPage counties, contact an experienced Aurora family law attorney at the Law Office of Matthew M. Williams, P.C. today.
Annulments and Divorce in Illinois
Many residents of Illinois live under the false notion that should they be unhappy in their marital state, divorce is the only option available to dissolve the marriage. Fortunately, for many, this is not always the case and sometimes obtaining an annulment to invalidate a marriage is a great alternative. And although the terms divorce and annulment are often used synonymously, they are in fact different.
In a divorce you legally have a start and end date for your marriage. However, an annulment actually makes the union completely void and literally treats it as if the marriage had never occurred at all, thus rendering the marriage null and void.
Annulments are not applicable in every Illinois marriage, and are subject to a specific set of criteria designated by legislation. These lines can become blurred in many cases, making it incredibly important to consult with a professional family law attorney before proceeding.
A History and Explanation of Alimony
The issue of alimony during a divorce can be highly contested between separating spouses — especially when one party’s economic means is greater than the other party. One reason for the conflict caused by alimony is a lack in the true understanding of its definition in Illinois, as well as its historical context in both a broad and narrow context.
It is a common misconception that alimony is a relatively new concept, proliferated by the increase in the divorce rate seen over last 30 years. However, the idea dates back hundreds of years. The origins of alimony lie in the divorce principles derived from the English laws of coverture that established a married couple as one entity, and thus merged their identities for legal purposes. This gave the husband control of any and all assets. In return, the husband was legally and morally obliged to “support and protect” his wife.
Different Types of Maintenance in Illinois
The history of alimony as a legal concept dates back centuries and has evolved greatly into its contemporary application. In modern day Illinois, alimony payments are determined by several differing factors. Therefore hiring a family law attorney to assist with these matters is essential to achieving the best possible outcomes.
Alimony in Illinois is often referred to as maintenance, as opposed to the term “spousal support” which is favored in many other states. The definition of maintenance in Illinois family law is very literal and is intended to do exactly what the name suggests. Although there are a few different types of maintenance, the intention in Illinois is to ensure both parties “achieve a lifestyle comparable to that during marriage.”
A Guide for Divorcing Parents: Remembering the Children
Divorce is prevalent in today’s world and causes children to grow up where the issue is commonplace and a major part of daily life. However, despite what may be going on behind closed doors, divorced spouses must remember to place their children ahead of all else.
The situations surrounding divorce can bring up hostility, including financial or personal hostility. And often quarreling spouses cannot cohabitate or even communicate without argument. This can cause several future problems, especially when children are caught in the middle. The following suggestions offer insight as to what should be avoided during divorce to help minimize the impact on children.