Posted on December 00, 0000 in Divorce

Over time, society’s opinions are constantly evolving. Some ideas that were controversial in previous generations may be less so today, while other commonly-held beliefs from decades ago are no longer quite so acceptable. Divorce is a good example. Prior to the 1970’s, divorce was largely viewed as a last resort, and carried a significant social stigma. Since then, public opinion has dramatically shifted, and divorce has become a more socially-acceptable solution for many couples. A new study, however, suggests that the pendulum has begun to swing the other direction regarding how most people view divorce, paired with a new view on the practice of unmarried cohabitation.

Direct Questioning

The National Center for Health Statistics (NCHS), a sub-agency of the Centers for Disease Control and Prevention, has released a report that examined public attitudes regarding marriage, divorce, sex, and related subjects, and how they have changed over the last several decades. The survey was conducted at intervals between 2002 and 2013, and the sample size, while varied at each interval, always included at least 10,000 adult participants. Participants were presented with a number of statements and asked whether they agreed or disagreed with each statement, using a system that allowed them to “strongly agree,” “agree,” “disagree,” or “strongly disagree.”

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 Posted on December 00, 0000 in Divorce

Most divorce specialists say that withholding, an abusive behavior between spouses, is a quick way to destroy a marriage. How do you know if you or your spouse are withholding from each other? This behavior can take many forms, but is typically when one spouse stops communicating with the other, denies them of their time, or refuses to do something. There are a few common withholding behaviors, and it is important to recognize some ways you can correct them before they lead you to divorce.

Withholding Information

Anytime you keep a secret from your spouse you risk creating an emotional divide between the two of you. This type of withholding involves not sharing information with your spouse, be it financial information, what you do with your friends, different places you go, and so on. Over time, your spouse will likely come to feel as if they cannot trust you, and trust is key in any successful marriage. If you feel the need to hide things from your spouse, proceed with caution, as you risk damaging your marriage.

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 Posted on December 00, 0000 in Divorce

Regardless of how you may have reached the decision to end your marriage, doing so is merely the first step in a process that could last for months and present many challenges. Once you have decided to pursue a divorce, it is crucial to begin preparations immediately. Going into your divorce proceedings without a solid grasp on your situation can have disastrous results.

Whether you are about to file your petition for divorce or have recently filed, you should begin to:

Save Money

No matter how much you think you will spend on your divorce, chances are good you will end up spending more than that. Putting aside money is important because you may need to cover court costs, attorneys’ fees, and other expenses associated with the process. You may also need to find a new place to live, which often incurs the cost of a security deposit and moving expenses.

Inventory Your Assets

During your divorce, you and your spouse will eventually need to divide your marital property between you. The first step in this process is understanding what you actually own. Take stock of your property, including everything you can think of that was acquired during the marriage, including furniture, vehicles, savings accounts, and retirement funds. You should also assign a reasonable value for each asset, employing professional help when needed for more complex valuations.

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 Posted on December 00, 0000 in Divorce

Divorces, like marriages, are as unique as the individuals involved. Some approach the process looking to extract a measure of revenge against a spouse who wronged them, while others just want the proceedings to be as smooth as possible. Regardless of what a person is looking to accomplish in divorce, virtually nobody wants the process to drag on for months. Once you have made the decision to end your marriage, there are some things you can do to help facilitate faster divorce proceedings.

Be Prepared

Before you file for divorce, it is important to get yourself organized. Inventory what you have, including furniture, investments, and any other property. Preparing a comprehensive list of what you have will allow you to develop a better understanding of what you want following the divorce. Deciding what you want includes more than physical property and cash; you also need to establish whether you should ask for spousal maintenance or primary parenting responsibilities for your children.

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 Posted on December 00, 0000 in Divorce

When you were deciding whether or not to pursue a divorce, you probably thought about a number of things. Most likely, you considered who would get what property, how parenting arrangements would be handled, and the ways that you would make your life better after ending your marriage. You may not, however, have given much thought to the process of divorce, other than wondering how long it might take and how much it might cost. What about filing your petition for divorce? Did you know that you could have several options regarding where to do so?

County of Residence

According to the Illinois Marriage and Dissolution of Marriage Act, proceedings for a divorce “shall be had in the county where the plaintiff or defendant resides.” The law does not require you to file in the county where you last lived as a couple; rather, you can choose either the county where you currently live or that of your spouse if you do not reside in the same county. It is possible, albeit unlikely, that the court could direct your case to a different county on its own discretion.

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 Posted on December 00, 0000 in Divorce

We all have second thoughts about tough decisions. In fact, that is exactly what makes them tough decisions. The decision to end your marriage is probably the most difficult one you have ever had to or will have to make. Despite advertisements and promises to make your divorce easy, the reality is that divorce is a major life change that alter a person and a family forever. If you are considering taking steps in that direction, it is absolutely crucial that you give yourself time and space to consider all of your available options before making any final decisions.

What the Law Says

It is often said that half of all American marriages today will end in divorce. While there are many reasons to believe that this number is exaggerated, there is little question that divorce is common. The law in Illinois, however, seems to take the process much more seriously than the general public. The Illinois Marriage and Dissolution of Marriage Act does not promise to dissolve a marriage just because one spouse requests it. Instead, a divorce can only be granted if a court finds that irreconcilable differences have caused the marriage to break down and that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. This means that you and your spouse are expected to do everything you can to save your marriage before you ask the court for a divorce.

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 Posted on December 00, 0000 in Divorce

While divorce experts often claim that disagreements regarding money are the most common reasons for a married couple to seek a divorce, few things can degrade a relationship as quickly as infidelity. In many cases, of course, cheating is a symptom of much deeper issues in the relationship, but the irreversible act is often what causes the most heartbreak and feelings of betrayal. These emotions can quickly lead to a breakdown of the marital relationship, pushing a couple down the path toward an eventual divorce.

A cheating spouse will normally take steps to conceal their behavior, but there will often be warning signs. If you suspect that your spouse may be having an affair, you may want to look for:

• A renewed interest in his or her hygiene and personal appearance: Has your spouse suddenly started exercising again after years of relative inactivity? Maybe he has changed the way he wears his facial hair without asking for your opinion. Perhaps she has started wearing “going-out” makeup more often than usual. Unexplained focus on personal appearance could be sign that there is someone new he or she is looking to impress;

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 Posted on December 00, 0000 in Divorce

When you are preparing to begin the divorce process, you are likely to have many questions. You are probably wondering how much it is going to cost, how long it might take, and what type of expectations will be placed on you. There is also the ever-present question of hiring a divorce lawyer, as countless online resources offer advice on how to handle a divorce on your own. Going through a divorce without the assistance of a qualified lawyer is not advisable, especially if you and your spouse own significant assets or have children together. But do you each need to hire you own attorney or can one lawyer represent both you and your spouse?

Conflict of Interest

The answer to this question can be found in the Illinois Rules of Professional Conduct, the formal guidelines the govern the practice of law in the state. Rule 1.7 states that “a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.” The rule goes on to say that such a conflict exists if “the representation of one client will be directly adverse to another client.” For a divorce situation, this means that a single attorney cannot represent both you and your spouse, as your interests are, by definition, in conflict with one another.

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 Posted on December 00, 0000 in Divorce

No matter what the situation may be, some people are better at making tough decisions than others. Certain individuals are able to quickly choose a course of action and begin proactively pursuing their goals. Other people, however, require more time to consider the implications of their decision, weighing their options carefully before making a choice. Of course, there are extremes in both groups, with some making rash decisions regardless of the consequences and others who overthink the situation while paralyzed into inaction. When the issue is something insignificant, like where to have dinner tonight, the ability to make a decision is not all that important, though an inability to do so may still be annoying. But what about the decision to file for divorce? Does it matter who makes the decision to file the petition first?

A Level Playing Field

From strictly a legal standpoint, there is little to be gained from getting to the courthouse ahead of your spouse. If you file first, you will be known as the petitioner throughout the proceedings, and your spouse will be the respondent. With your petition, you will be able to make certain claims and requests of the court, so there may seem to be some advantage to being the petitioner. However, the respondent will have the same opportunities to make claims and file motions, both in response to yours and of his or her own accord. As the process moves forward, both parties will have the chance to present evidence and contribute to the judge’s final decision.

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 Posted on December 00, 0000 in Divorce

Most of us think nothing of posting a funny story, sharing some family photos or liking someone’s status on social media. Nearly 60 percent of Americans are on Facebook, and staying connected to family and friends via the internet has become second nature.  However, what you post on social media sites like Facebook may affect your divorce case more than you would think.

Online Privacy

Although Facebook does have privacy features such as the ability to block someone from seeing your posts, a divorce is a tricky situation when it comes to social media. If a person is or used to be married, chances are that they and their spouse have many mutual friends on these websites. They might be a part of the same groups or organizations.  It is very easy for a party to use these privacy loopholes to spy on the other spouse’s behavior.

For example, if you are unable to pay child support or spousal support payments but post vacation pictures online, your spouse can use this information against you in court. You may also be tempted to vent or share your frustrations about a spouse on social media. These rants, taken out of context, may paint a picture of you or your character that is inaccurate.

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