Posted on December 00,0000 in Divorce

Deciding to end your marriage is difficult, but the process of divorce can be especially challenging if you are not prepared. Your divorce is likely to include a number of fairly complicated elements, but with a little advance planning, you can be ready for the potentially long road ahead. If you are considering a divorce, you should:

Decide How You Want to Handle Your Divorce

Your attitude toward your divorce can make a dramatic impact on the proceedings and the eventual outcome. Before you file any formal paperwork, you should set goals about the process. You can decide that you will do everything possible to keep your divorce amicable and friendly, or you can decide that getting exactly what you want is more important than preserving a future relationship with your ex. Keep in mind that a bitter, contentious divorce could end up taking much longer, costing more money, and may not be best if you have children.

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 Posted on December 00,0000 in Spousal Support

In a recent post on this blog, we discussed the criteria used by Illinois courts to determine whether spousal maintenance was appropriate following a divorce. The law requires a court to look at various factors relevant to the marriage and each spouse’s financial situation to ensure that a need for spousal support actually exists. If maintenance is found to be appropriate, the court must then calculate how much is to be paid and for how long. Illinois law also provides guidance regarding these considerations as well.

Maintenance Amounts

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a specific formula to be used in situations where the couple’s combined income is less than $250,000 per year and the paying party has no other obligations for maintenance or child support from a previous relationship. In such a case, the amount of support to be paid is found by taking 30 percent of the paying spouse’s gross income and subtracting 20 percent of the receiving spouse’s net income. The difference will be the amount expected to be paid unless that amount plus the recipient’s income equals more than 40 percent of the couple’s combined income.

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 Posted on December 00,0000 in Divorce

In the course of a normal day, how often do you open a social media app on your smartphone to see what is happening with your friends and acquaintances? If you are like most people, there is a good chance that you log on to Facebook, Instagram, Twitter, or Pinterest at least once a day. Among younger demographics, the likelihood is even greater. While social media sites can be fun, informative, and entertaining, they can also pose challenges to those who are going through the process of divorce. Sometimes, social media posts can even find their way into the courtroom as evidence.

The Myth of Online Privacy

Most social media sites and apps have privacy settings that allow you to control who sees what you post. It is easy to believe that by applying the right settings you are completely protected. Unfortunately, things are not quite so simple. You could, for example, set your account so that only your “friends” are able to see your posts, and, since your soon-to-be-ex-spouse is not one of your friends, you should be fine. But, what about those who are friends with both you and your estranged partner? What are the chances that they will see your posts and share them with your soon-to-be ex? No matter how strong someone’s good intentions may be, some people attracted to what they see as drama, and few things are more dramatic than a juicy divorce situation.

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 Posted on December 00,0000 in Divorce

In a recent post on this blog, we talked a little bit about how social media can be dangerous when you are going through a divorce. If we are being fair, however, the dangers of social media are only half the story. It is also very possible for social media posts—such as those on Facebook, Twitter, or Instagram-to be used to your advantage during your divorce proceedings. As you approach your divorce, there are some things to consider that could help you—especially if your spouse has a tendency to overshare on social media.

The Internet Is Forever

For generations, divorce cases have relied on a great deal of “he said, she said” testimony and evidence. A battered spouse, for example, who never sought medical care or help from law enforcement could only present her interpretation of the situation verbally. With the rise in popularity of social media sites, evidence from such sites is finding its way into the courtroom. In fact, a recent survey of divorce lawyers reports that more than 80 percent of them have seen social media evidence increase in their divorce cases.

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 Posted on December 00,0000 in Relocation

In today’s digitally-connected world, it has never been easier to find employment and educational opportunities. Sometimes, of course, these opportunities may be far from your current home. If you are single and have no children, taking a new job in another state could seem like an exciting adventure. If, however, you are a parent who shares parental responsibilities with a former partner, doing so is often much more complex.

Moving Out of State

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains provisions that apply to parents who wish to move out of Illinois with their children when they are subject to a parenting plan or court-issued custody order. If you wish to move out of state and have at least half of the parenting time with your child or more, you must notify the other parent of your intent to move. Notification is not required if your move will be less than 25 miles from your current home.

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 Posted on December 00,0000 in Division of Property

During a divorce, it is not uncommon for spouses to make all sorts of accusations against one another. Some, as you might expect, are fairly reasonable while others may border on the completely outrageous. One of the most common allegations that tend to arise in a divorce case is that of dissipation. Dissipation refers to the wasteful spending, intentional destruction, or negligent devaluation of marital property and is a very serious charge.

Why Does Dissipation Matter?

In the course of a marriage, spouses have the freedom to do whatever they want their property. The can spend frivolously, save carefully, or find a balance somewhere in between. Divorce law in Illinois provides, however, that once the marriage has begun to irretrievably break down, how each spouse spends money becomes a matter of interest to the other spouse. This is because Illinois law requires that the marital property of a couple shall be divided equitably between the parties during the divorce. If one spouse wastes assets before the divorce can be finalized, he or she denies the other spouse the opportunity to receive a share of those assets.

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 Posted on December 00,0000 in Divorce

Most married couples look forward to sharing a bed after a long day. Spending time being physically close to your partner is an important component to any romantic relationship. A lack of physical intimacy is often associated with a higher likelihood of divorce. According to a study by the National Sleep Foundation, however, many married couples are choosing to sleep in separate bedrooms.

A Better Night's Rest Can Lead to a Healthier Relationship

Whether we like to admit it or not, most of us have at least some annoying nighttime habits. Some snore loudly or toss and turn; others talk in their sleep or sleepwalk. A person may get up to go to the bathroom several times throughout the night or be unable to stay asleep because of insomnia or other health issues. All of these interruptions can lead to a very unrestful night for a partner sharing the same bed. After a night of being interrupted and getting little quality sleep, a person is likely to be grumpy and irritable. Some may even feel anger or resentment towards their partner for disrupting their sleep – even if they know it is not their partner’s fault. This resentment can build up over time and be a catalyst for arguing and poor communication between spouses.

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 Posted on December 00,0000 in Divorce

Over the last several decades, the phenomenon of gray divorce or the divorce of couples consisting of partners aged 50 and over has been on the rise. More than two-thirds of these types of divorces are initiated by the wife, and in at least one survey, over half of the women who responded said that they initiated the divorce due to spousal abuse. In most cases, the divorce was the result of emotional abuse.

In an emotionally abusive marriage, one spouse manipulates the other using methods such as criticism, intimidation, or bullying. The victim can do “nothing right,” and the cycle of abuse continues. This type of abuse is often present at the beginning of the relationship, but is usually concealed as love, concern, or even humor. It often takes years—sometimes many years—for victims to realize they are being abused, if they realize it at all.

Warning Signs of an Abusive Marriage

One of the most obvious red flags of an emotionally abusive relationship is a lack of autonomy for one spouse. When this is the case, one spouse has too much control over the other. In cases where women are the victims, the woman must watch what she says, wears, or does out of fear of reprisal. Her spouse may have specific rules—often inconsistent—that she must follow or there will be conflict. Although it takes time, many women finally realize they are in an abusive marriage, and a percentage of such women find the strength to end their marriages.

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 Posted on December 00,0000 in Uncategorized

A prenuptial agreement is a legal contract developed and signed by a couple before they get married. A prenuptial agreement, or “prenup,” can delineate how financial assets and property will be divided in the event that the couple divorces in the future. It is important to understand that a couple cannot use a prenuptial agreement to make determinations about future custody of or child support for children the couple has together.

Benefits of Prenuptial Agreements

There are a number of potential benefits to developing a prenuptial agreement. For example, a prenuptial agreement can be used to:

• Protect the assets of an individual with substantial wealth who is considering marriage. In the agreement, the couple could stipulate that certain assets will not be considered part of the marital estate;
• Prevent one spouse from absorbing the debts of the other spouse in the event of a divorce. This is especially helpful to couples who begin the marriage with a significant amount of debt;

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 Posted on December 00,0000 in Division of Property

When a couple gets divorced, one of the most contentious aspects of the process involves the identification and division of marital property. For many couples, the marital estate is a physical representation of their life together, making it very difficult for the parties to reach a reasonable resolution.

If you and your spouse cannot come to an agreement regarding your property, the issue will be left to the court to decide. Such a situation leads many to assume that the court will simply divide the marital estate into equal halves, and allocate 50 percent of the marital property to one spouse and 50 percent to the other. According to Illinois law, however, this is not exactly the case.

Equitable Distribution

The Illinois Marriage and Dissolution of Marriage Act provides that during a divorce, marital property is to be divided between the spouses in a manner that is equitable and just. The law does not promise or even imply that each spouse should receive an equal share. Instead, the court is required to consider the totality of the situation in determining how to allocate the marital estate.

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