Recent Blog Posts
What Leads to Infidelity
Having an unfaithful spouse is a big reason why many marriages end in divorce. Infidelity signals a lack of trust, respect, and communication, and often signals the relationship is beyond the point of repair. So, the question is, why do people cheat on their spouse?Reasons People Cheat
Attempting to pinpoint the reasons for a specific behavior is often a difficult task. However, over the years it seems that a handful of explanations appear to be mentioned most frequently in social studies and anecdotal reviews. Here are some of the more commonly occurring motives spouses admit to when discussing their reasons for straying.
- Boredom: It may seem cliché or even immature, but adults get bored in the bedroom and look for excitement outside their marriage.
- A need for physical contact and attention: This often occurs when communication breaks down between a couple. When the physical contact and attention ebbs in a marriage, for whatever reason, a spouse may seek that attentiveness they desire from another individual.
Will You Be Filing for Divorce Soon?
Even the best marriages encounter issues and difficulties that couples must work through in order to make the relationship work. However, sometimes the size of the problem or the sheer number of issues that come between spouses are just too much to overcome. They may fight the notion at first, but eventually, a couple will come to the conclusion that divorce is probably their best course of action.The Little Things That Add Up
Before the decision is made to seek a divorce from that person you promised to spend the rest of your life with, it is likely an individual encountered and dealt with one or more problem that seemed to drive a wedge into the marriage. Below we will examine some of the issues that plague married couples, which often serve as indicators that divorce is on the horizon.
- If you cannot be open and honest with your spouse for fear of being made to feel inferior or that your vulnerability will be used against you later it may be a sign that your relationship lacks the capacity for healthy communication.
Dealing with Misconceptions about Divorce at a Young Age
When young people decide to get married they often face a variety of outside opinions and attitudes about their decision. The same is true for when that marriage ends and the couple, both of whom are still very young, decide to get divorced. It is no less difficult just because they are still young.
Young Couples and Divorce
Divorce, regardless of the age of the spouses or number of years of marriage, features some very common issues. However, those who divorce at a young age and after only a few years together frequently encounter a number of issues unique to their situation.
Do not let anyone tell you that your divorce will be easy because you are young. Your divorce is no less emotional or traumatic because of your age.
Some may attempt to minimize what you are going through because you did not spend years and years together or have children.
Blending Families Post-Divorce
Perhaps one of the most difficult and emotional parts of any divorce is when the the future and custody of children is involved. This can still weigh heavily even years after a divorce is final when parents enter into a new relationship and combine their children with those from another family whose parents are no longer married.
Unlike Television
When two adults decide to enter into a relationship, especially one that may result in marriage, their children usually have little influence. However, getting married and starting a family that involves the blending of two, previously existing families, definitely comes with some pitfalls to navigate on the path to establishing a happy and healthy household.
- Couples must work to ensure that any children who only live with them part-time feel like a full member of the family during the time they are with them.
Young and Getting Divorced
It is not uncommon for young couples to get married. In fact, it is almost expected. What seems far less familiar is when a young couple goes through divorce, even after only a few years of marriage. The hard reality is that, regardless of their age or how long they were married, when a couple realizes their marriage just is not working then the best course of action may well be divorce.
Divorcing While Still in Your Twenties
Divorce, regardless of at what age or length of the marriage, is no less emotional for the couple; the decision to end a relationship that was supposed to last forever is rarely easy. However, younger couples may find a smoother, post-divorce path, and when a marriage ends after only a few years, the process tends to be less drawn out for a few key reasons.
- It is found that young couples getting married these days are more likely to have entered into marriage with a signed and valid prenuptial agreement.
Should You Consider a Prenuptial Agreement?
Nobody prepares for divorce when they are engaged, but according to a survey from the American Academy of Matrimonial Lawyers, that is exactly what people are doing. Of the members surveyed, 62 percent saw an increase in the number of couples seeking prenuptial agreements over the past three years. Increasing Popularity, Losing Stigma One reason why prenuptial agreements are becoming more common is due to the trend in marriage - more people are waiting until they are older to get married. According to a U.S. Census report, about 8 in 10 people had married by age 30 in the 1970s, but in 2016, the same percentage was not reached until age 45. Because people are waiting longer to get married, they are more likely to have accumulated assets, such as a business or property. A prenuptial agreement is a way for couples to protect these assets in the event of a divorce. Prenuptial Agreements May Be for YouWhile prenuptial agreements still might ring unromantic for some, they can be right for others. Here are seven situations in which a prenuptial agreement might be right for you.
Non-Biological Parent Granted Parental Rights after Divorce
The structure of the American family is drastically changing. Even though the majority of children are still raised in households with a married mother and father, that number has been decreasing over the years. According to the Pew Research Center, less than half of American children are living with both of their parents in their first marriage. Family structures in the United States have been changing and now include blended families with step-parents and children, parents who cohabitate and LGBT families. According to The Williams Institute, about half of LGBT women and a fifth of LGBT men are raising a child. The Case Recently, an Illinois court ruled that a woman has parental rights to a child that was conceived in her lesbian marriage. The woman’s former wife had sought a sperm donor to carry the child that was to be raised by the both of them. When the child was born, both parents identified themselves as co-parents on the birth certificate but split seven months after the birth. Even though the woman has no biological connection to the child, she was granted parental rights and partial custody of the child by a Winnebago County court. Determining Parentage Under Illinois law, a person is considered to be a parent of a child if the mother of the child and the person entered into a marriage, civil union, or other legal relationship before the birth of the child and the child was born during the time of the relationship. Using this law, the mother seeking parental rights in the case involving her non-biological child had a right to seek custody. Illinois Parental Rights LawsAccording to Illinois law, parents can assert rights involving their non-biological child and they can also be held responsible for providing child support payments. In the state of Illinois, parental responsibility consists of two things - significant decision-making and parenting time. Significant decision-making consists of things such as:
All About the Illinois Divorce Process
Divorce is a fairly common thing in the United States, with the Illinois Department of Public Health reporting that 29,331 divorces were granted in the state of Illinois in 2016. Divorce can be a messy process, spanning months, or even years in difficult cases. There are many things to consider, like assets, money, debts and even children. The divorce process can be overwhelming, but with the help of a lawyer, it can be simplified. Filing a PetitionAfter you have made the decision to file for a divorce, the first step is to file what is called a petition. A petition is simply just the formal way of asking the court of the county where you reside for a divorce. Even if the divorce is a mutual agreement, one spouse must file the petition that will be served to the other. The petition will state the two individuals involved in the divorce, information about the residency requirements and the reason for the divorce. In Illinois, you qualify for divorce if you have lived in the state for more than 90 days. You can choose whether or not you want to state a reason for divorce or if you want to file a no-fault divorce. The state of Illinois recognizes the following as grounds for divorce:
How Spousal Maintenance Is Calculated in Illinois
If you are going through a divorce, you may wonder if you’re entitled to financial support from your spouse. Spousal maintenance is the term that the state of Illinois uses instead of alimony, though they are the same thing. In the past, courts viewed alimony as payments from the husband to continue his obligation to support his wife. Now, spousal maintenance is awarded to either spouse depending on a variety of factors.
Determining Factors for Spousal Maintenance Eligibility
When you seek maintenance from your spouse, the court will first determine whether or not you are eligible to receive these payments. In Illinois, eligibility determinations are based on these factors:
- The income and property of each person, including marital property that has already been divided and property that has been deemed non-marital property;
- The needs of each person;
- The present and future earning capacity of each person;
Consequences of Failing to Pay Support Payments in Illinois
When you go through a divorce, you may end up with monthly payments that are made to you from your ex for spousal maintenance. If you and your ex had children, you may also have child support payments that your child receives each month. Many times, a person depends on one or both of these payments to maintain their standard of living. If you have existing support orders, your ex is legally required to make these payments and can face severe consequences if they are not made. When Is Failure of Support Committed?According to the Illinois Non-Support Punishment Act, a person is committing the offense of failure to support when they:
- Willfully refuse to provide for the support or maintenance of his or her spouse or child, knowing that they need the support, and have the ability to do so;