Recent Blog Posts
Parental Alienation Syndrome: An International Issue
Divided families in Aurora are certainly not the only ones that have problems adjusting to divorce. In Turkey, hundreds of men have come forward, complaining about the unfair treatment they supposedly received in that country’s version of family courts. Most of their objections centered around high alimony payments and procedural barriers. Turkish families are in transition. The divorce rate has increased 38 percent in the last decade. Men, women, children and judges are all struggling to keep up. One of the issues many divorce parents struggle with worldwide is Parental Alienation Syndrome (PAS).
Parental Alienation Syndrome
The Turkish dads also told horror stories about women who poisoned the relationships between father and children, or even refused to let dads see their kids. PAS is present in up to 15 percent of divorce cases, and both men and women are equally guilty. Psychologist Richard Gardner coined the term in the 1980s, and the New York native published a number of books and papers on the subject before his death in 2003. His findings were controversial then, and remain so to this day.
Pet Custody in Illinois Divorces
With most estimates putting the divorce rate just below 50 percent, plenty of American parents have gone through the stress of child custody battles. However, what many divorcing couples do not consider is the controversy that can result from fighting for the custody of pets.
According to reports, disputes over pet custody are becoming more common. In fact, one organization has introduced a prenuptial agreement that outlines who keeps the family pets in the event of a divorce.
Who Keeps the Pet in Illinois?
While any pet-loving family is bound to view their precious dog, cat, or other kind of pet as a member of the family, the state of Illinois views them as a form of property. Therefore, it is important to understand the laws concerning property division.
Generally, there are two types of property: separate and marital. If the pet was the “property” of one specific spouse prior to the marriage, that person will have the legal rights to own the pet after the divorce completes. If the couple acquired the pet after marriage, however, the courts will consider the animal to be marital property.
Divorce Rate Decreasing in 2015?
It is no secret that nearly half of American marriages end in divorce, at least according to oft-cited statistics. The Center for Disease Control reports that the average marriage rate in the U.S. is 6.8 per 1,000 total people, and the divorce rate was 3.6 in the same number of people. Illinois actually had one of the lowest divorce rates in the country in 2011, at only 2.6 per 1,000 people. Nevada, Oklahoma, and West Virginia had the highest divorce rates in the county, with over 5.2 per 1,000 people. Yet according to many sources, the divorce rate in the U.S. may actually be on the decline in 2015. The reasons as to why may be surprising.
The first is a sign of our times: less people are getting married to begin with. According to research from the Pew Center, only 51 percent of Americans were married in 2011. This is a significant decrease from the 72 percent who were married in 1960. Some researchers suggest the reason for this is because marriage does not seem like the only option in today’s modern world: with more women working outside the home and less relying on a husband to take care of them, marriage rates will fall. The average age of marriage is also increasing — it has long been true that the risk of divorce decreases as the age of marriage increases. Another factor is socioeconomic. The more educated that spouses are, the less likely they are to divorce.
Alimony Modification in Illinois
As more women tend to work outside the home and lead independent lives outside of their husbands, the issue and necessity of alimony — or spousal support — has come into question in recent years. Many states have recently passed alimony reform laws; some abolish the practice of lifetime alimony payments, others make it more difficult for ex-spouses to prove the need for financial support. In Illinois, for example, ended lifetime alimony and passed legislation that ends alimony payments when the ex-spouse receiving alimony begins to cohabitate with a new partner. Other states, Massachusetts for example, caps the number of years or months during which alimony should be paid based on the duration of the marriage. According to Forbes, this is dangerous water to tread for many women facing divorce.
Understanding Your Priorities during a Divorce
Divorce is a challenging legal battle, as well as an emotional hurdle. Given that divorce is so common these days, it can be easy to underestimate what the process involves. Some people mistakenly assume it is as easy as signing a piece of paper. The truth, however, is that even the most amicable divorces can bring with them some legal intricacies that can make the procedure more complex. In many ways, getting through is about understanding priorities during a divorce. Being clear on the reason for divorce, judging the benefits of hiring an attorney, and making sure any children involved receive what they deserve are all a parts of coming out of a divorce satisfied and ready to take on a new life.
Determining the Type of Divorce
“Fault” and “no-fault” are the two main types of divorce recognized in Illinois. While many are already familiar with the types of divorce, it is not uncommon to see divorcing spouses who are unfamiliar with these terms and what they imply.
Relocating after Divorce
Divorce comes with a seemingly endless list of life changes. A person’s financial and social lifestyles may alter dramatically when a marriage ends.
One of the most common and significant adjustments that divorcés face is relocating. Many ex-spouses move in with a friend or family member; some relocate to different states entirely. Before making the decision to move away, though, it is important to understand how crossing state lines can affect a divorce.
The truth is that each divorce is unique, which is why the guidance of an attorney may prove invaluable. If you are intending to move out of state before, during, or after a divorce, this article will introduce some important considerations.
Relocating after Divorce
Some marital experts disagree on whether or not making a drastic move to a new area is an emotionally wise decision. Much of this depends on the nature of the divorce.
Illinois Procedural Options for Child Custody
Moving forward with a divorce can become a bit crowded - two spouses, two qualified divorce attorneys, perhaps a business evaluation professional, but most innocently, the children. If your divorce involves legal discussions of child custody, add yet to the mix, the 604(b) professional evaluator. As mandated by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), Section 604(b) there are evaluation criteria that must be taken into consideration when implementing court-ordered child custody agreements.
Under Section 604(b), a "Best Interest Test" is conducted by a licensed child psychologist or psychiatrist. These professionals are usually experienced in the Illinois child custody procedure but are instructed to complete the interview as a neutral third party. This process is often expensive and lengthy, taking up to 90 days to complete.
Dad School Program: Increase in Number of Custodial Fathers Inspires New Parent Learning Program
As often happens with legal matters, there are several misconceptions regarding child custody. One of the most common is the idea that the courts favor mothers when awarding custody. This, however, is not always the case.
Child custody is one of the most emotionally charged areas of divorce law. The laws vary from state to state. As well, each case is different, which is why the guidance of a family attorney may prove invaluable if you are involved in a custody battle.
Dad School Program Will Provide Guidance to Single Fathers
Fathers Helping Fathers (FHF), a national, 501 (c)(3) nonprofit organization, recently announced the launch of the Dad School program. According to the Chicago Tribune, the effort will begin in Mar. 2015 and will provide education and resources to single fathers.
Child Support Issues: Cuts to Illinois Childcare Assistance May Pose Problems for Single Parents
As those with experience can attest, there is a variety of challenges inherent in single parenthood. This is especially true within post-divorce families. Even if your child custody or child support case is successful, the challenge to make ends meet while providing an enriching environment for a child is another obstacle altogether.
For those who are still working through a child custody or child support case, the advice of an experienced attorney may prove invaluable. A family lawyer can help you avoid making critical mistakes that could compromise your financial or personal interests.
Working Parents May Face Upcoming Financial Struggles
It is no secret that children are expensive. From children’s birth to their college years — and sometimes beyond — many parents struggle to provide a comfortable life for their young ones.
Billionaire Divorce Case Puts Prenuptial Agreement Laws in the Spotlight
A recent divorce case made headlines when a billionaire’s wife alleged that her marriage started under coercive circumstances. Since then, reports have gone back and forth, with both sides demonstrating their perspective of the failing marriage. Now, new details have surfaced that might threaten the husband’s interests.
According to the media reports, the wife claims her husband made it difficult for her to visit their homes in New York, Aspen, Hawaii, and Miami. She also claims that he limited access to her credit cards.
One of the trickier aspects of the ongoing battle is that the wife did, in fact, sign a prenuptial agreement. However, that has not stopped her from trying to convince the court to throw out the document.