Recent Blog Posts
How to Deal With Divorce After Decades of Marriage
Marital dissolution can be daunting for anyone, but if you have been married for several decades, the idea can be even more terrifying. Not only are there emotional issues to resolve that come with the idea of splitting with a spouse who has inevitably become an extension of oneself, there are also more practical issues such as finances, living arrangements, and issues of long-term care during the aging process. According to the Huffington Post, while addressing these issues is crucial for finding peace of mind after divorce that follows a multi-decade marriage, divorce may still be the best option. If you are not happy in your marriage, the best bet is to separate, regardless of how old you are or how long you have been married.
The first major issue to resolve in a long-term marriage divorce is that of finances. When you begin divorce talks, not only will you need to discuss the issues of property division, but also those surrounding pensions, Social Security, and insurance coverage. If you will be required to pay spousal maintenance, this is also an important issue to consider, especially if you are nearing retirement age. Seeking the counsel of a legal professional who has experience with later-in-life divorce is crucial, as finances are likely more limited nearing retirement age than they were in years past.
Study Finds Children of Divorce Struggle More with Obesity
Many studies have been done that prove a negative psychological effect of divorce on children. Most of these studies do not address the physical health issues of the children. However, a recent study reveals that children of divorce may experience negative physical effects to their health when their parents split. The study found that physical struggles children of divorce may deal with include excessive weight gain, leading to more physical problems later in life.
The study, conducted among 3,000 children in Norway, found that boys whose parents divorced were especially susceptible to excessive weight gain in the wake of their parents’ split. The research team found that boys had a 63 percent increased risk of being overweight or obese than boys whose parents' marriages stayed intact.
Higher Education and Divorce
Conventional wisdom dictates that there is a strict correlation between educational attainment and divorce. According to a 2013 report released in the Monthly Labor Review, a publication of the U.S. Bureau of Labor Statistics (BLS), both men and women with a college education tend to marry later than their non-college-educated counterparts. Marrying later in life could be one reason that people with college degrees are also less likely to divorce than those without any higher education. The average age among those who had not completed high school to be married was 22.8, while the average age among those with a college degree was 24.9. The BLS found that approximately 50 percent of marriages end in divorce among those who did not complete high school. Comparatively, roughly 30 percent of marriages among those with a college degree end in divorce.
The Importance of Determining Paternity
Determining paternity of a child born out of wedlock is legally important not only for both parents, but for the child as well. For a mother, determining the paternity of a child is crucial in order to seek legal recourse for back payments or non-payments of child support. For a father of a child born to unmarried parents, determining paternity is necessary to secure visitation and parental rights. Yet determining paternity is also important for the child — not only for psychological reasons, but for financial planning and medical reasons as well. With the advent of DNA testing, determining the paternity of a child may seem relatively commonplace, but a surprising number of people with children born to unmarried parents fail to obtain a legally viable order of paternity.
According to the Child Support Services of Illinois, there are three ways that a parent can establish paternity of the child. The first, and most simple, is for both parents to complete, sign, and have witnessed a Voluntary Acknowledgement of Paternity form. The second is for the Department of Healthcare and Family Services to file an Administrative Paternity Order, and the third is a court-ordered Order of Paternity. The latter likely proceeds when there is a dispute in paternity and one or both parents denied the claim of the other.
Pros and Cons of Keeping Marital Home in Divorce
In years past, when divorce seemed simpler and family finances were usually guaranteed by pension plans and a Social Security fund that was not facing the possibility of running out, keeping the marital home during divorce was a boon. Today, when couples divorce, it is often the spouse who is awarded the home who is pitied. This has as much to do with uncertain financial futures - for divorcing couples at both ends of the financial solvency spectrum - as it does with the national housing market itself. In many cases, spouses who get to keep the marital home are left with an asset that is steadily declining in value or, worse yet, an underwater mortgage.
Selling the marital home during divorce has its own set of problems. One spouse may opt to sell the home for much less than it is worth, in an arguably ostentatious display of so-called selflessness. The other spouse, perhaps especially if he or she was not the primary earner in the marriage, may want to sell the home at a much higher price than it may even be worth. Other issues may include where the kids go to school and who is awarded custody, as well as issues of family care in the event that either spouse has aging parents or other spatial and financial issues to face in the coming years.
Enforcing Child Support Orders in Illinois
In Illinois, the Office of the State Attorney General manages child support orders, claims, and enforcement. The office manages such issues through its Child Support Enforcement Division, which works closely with the Department of Healthcare and Family Services, handling child support enforcement in every one of the 89 counties in the state. Statistics reveal that children of divorce who receive child support are more likely to complete education or go on to college. The only way to ensure that children who deserve child support payment are receiving them is to maintain an office of child support enforcement on a state-by-state basis.
If you need help with an order of child support — as either the custodial or non-custodial parent — the first step is to contact the regional office of the Illinois Department of Healthcare and Family Services nearest you. When you arrive at the enforcement agency, you will need to bring:
Couples Who Meet Online May Be More Likely to Divorce
Online dating may seem like the Holy Grail when it comes to ending an unwanted single existence and finding a mate that is specifically tailored to your interests and likes. And for years, online dating may have seemed as such to single people across the country; it is an easy, inexpensive way to meet a lot of potential mates at one time. Many online dating sites advertise that they are better than traditional interactions in helping you select a person with whom to spend your life; many have complicated algorithms that pair up users based on compatibility formulas developed by psychologists and relationship experts. Yet according to a recent study, online dating may just lead to divorce.
A new study written by Aditi Paul, a PhD candidate at Michigan State University, found that couples who met online are more likely to break up than couples who meet offline. The survey was made up of responses from nearly 3,000 people. Over the course of her research, Paul found that 32 percent of couples surveyed that met online had broken up, as opposed with 23 percent of offline couples.
A Brief Guide to Child Custody in Illinois
Child custody laws and proceedings in Illinois, as outlined by the General Assembly, involve a specific method for the courts to follow while determining which parent ultimately wins custody of the children. These child custody laws also outline specific rights for both parents.
It must be understood that Illinois family courts do not discriminate between the mother and the father on the basis of parental role or gender. Also, Illinois family courts do not consider joint custody the default option.
During custody-rights negotiations and proceedings, both sides are given a voice and a listening audience. The decision is ultimately centered on determining which custody agreement can provide a life that is in the child(ren)'s best interest.
Understanding Child Support in Illinois
Divorce and child custody disputes are never easy for a family. For the children, it is often hard for them to understand the situation, let alone worry about where they are going to live. For parents, it may be challenging to set aside the emotional distress of the situation and focus on the child’s best interests. Both custodial and non-custodial parents should understand child support laws, which exist to ensure that food, clothing, education, and even healthcare is provided.
Because child custody disputes and support arrangements are always unique cases, there is no one-size-fits-all process for knowing how a case will pan out in court. Based on existing laws and experience from previous cases, an attorney may be able to offer a loose prediction—or at least explain the factors that the court will consider.
Child Visitation and Parental Rights in Illinois
One of the most difficult aspects of divorce is determining child custody and visitation. If you are considering divorce and have children with your soon-to-be ex-spouse, it is a good idea to begin to lay the groundwork for your parenting plan as soon as you begin discussing marital dissolution. Knowing what you want from a parenting plan before you go to court is crucial, as is working with a family law attorney. You and your ex will have different attorneys, and having a grasp on what you want to achieve in negotiation, especially when it comes to children, will only help to make the divorce process go as smoothly and painlessly as possible.
Sharing parenting duties, or developing a co-parenting plan is almost always preferable if possible. The DuPage County Family Center states that it always advocates for co-parenting, as it believes that it is very important for a child to have a relationship with both parents when possible. Sometimes this may require more than merely dropping the child off, however. In some cases, a parent may not be allowed, legally, to visit with the child on his or her own. This could happen if the parent is a drug addict, for example, or abusive; but even in such cases, the parent maintains visitation rights. Supervised parenting time services usually are required to submit documentation of the visit to the Court to ensure the safety and welfare of both the child and the custodial spouse.