Posted on February 16, 2015 in Child Custody and Support

According to recent Census estimates, approximately 20 million children in the United States live in a single parent home. Of that number, which represents nearly 45 percent of all American children, some 15 million are being raised by a single mother. While the socio-economic causes and effects can be endlessly debated, the fact remains that each one of those children has the right to be support by both parents regardless of living arrangement. For a large number of such cases, a legally enforceable child support order may be the most appropriate approach.

Under current Illinois law, either or both parents can be required to contribute financially to the support of the child, “without regard to marital misconduct.” Situations in which both parents pay support are relatively uncommon, as the child will usually reside with at least one parent. As such most support orders require payment of child support by the non-custodial parent.

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 Posted on February 11, 2015 in Spousal Maintenance

For most couples, marriage requires sharing responsibilities and being able to rely on each other. Whether by unspoken agreement or regular discussions, each partner tends to become responsible for certain aspects of maintaining the life they share. In previous generations, for example, the husband worked full-time to provide financial support and while the wife may have worked part-time, she took primary responsibility for raising children and upkeep of the family home. If such a marriage were to end in divorce, the wife may have a great deal of difficulty in supporting herself as she works toward becoming self-sufficient. Spousal maintenance, or alimony, may provide the wife in this situation with the resources she needs to regain her independence. In Illinois, a spousal support may negotiated between the divorcing parties prior to the case reaching a judge but such an agreement is only one factor the court is required to consider in making a decision regarding maintenance awards. Other considerations include:

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 Posted on February 09, 2015 in Child Custody and Support

Separation and divorce can obviously have a tremendous impact on children. Once a child custody or visitation order is established, the affected children must adapt to new living arrangements, often spending time with each parent. The process of establishing a custody or visitation order, however, can be extremely complicated as many parents find it difficult to get beyond their own emotional turbulence on focus on their children.

If the parents in such a situation are unable to negotiate an acceptable arrangement regarding their children, the outcome may be left to the discretion of the court. As the case is litigated, though, contentiousness and hostility can cause some parents to lose sight of their child’s best interest and, in the worst cases, attempt to use their child as leverage against the other parent.

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 Posted on February 04, 2015 in Divorce

The modern world is continuing to become increasingly connected. It is nearly impossible to imagine daily life without cell phones, tablets, or computers and the accessibility of information they provide. However, there have been indications in recent years that personal relationships may be affected by increased internet use, particularly if that use centers around social media. Several studies have examined a possible link between social media use and the rate of divorce, and the findings are very interesting.

One such study was published in the July 2014 edition of Computers in Human Behavior by a team of researchers from the Pontifical Catholic University of Chile and Boston University. The team’s research “explore[d] the relationship between using social networks sites (SNS), marriage satisfaction and divorce rates using survey data of married individuals and state-level data from the United States.” The results of the study clearly suggested that as the use of Facebook and other social network sites increased in a given state, there was a correlating increase in the divorce rate during the same period.

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 Posted on February 02, 2015 in Child Custody and Support

Divorce is rarely easy for any couple. For a couple with children, divorce often represents merely the beginning of a new reality which includes shared custody arrangements and coparenting. Depending on the circumstances of the divorce, it can be understandably difficult for many individuals to cooperate with their ex-spouse. However, child development and relationship experts maintain that being able to put aside or work through differences can have a significant positive impact on the health and happiness of the children.

While either parent may maintain primary custody following a divorce or separation, the U.S. Census Bureau estimates that more than 80 percent of custodial parents are mothers. This figure includes families with equal joint- or shared custody arrangements, which have become increasingly common as custodial mothers continue to work rather than relying solely on alimony or support awards. Shared custody typically means that children will be spending time at each parent’s home according to some sort of arranged schedule. Whether you are the primary custodial parent or not, there are some things you can do to help your child be more at ease with a potentially unsettling situation.

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 Posted on January 28, 2015 in Divorce

Ask a dozen people what they believe to be important to a happy marriage, and the answers will likely include trust, love, fidelity and communication. There is little doubt that such characteristics truly do contribute to the health of a marital relationship, and the marriages that lack them are likely to end in divorce. However, recent studies seem to have identified a number of other, sometimes surprising, impacts to a happy marriage.

Scott Stanley and Galena Rhoades, researchers at the University of Denver, recently conducted a Relationship Development Study which included more than 400 individuals.  All of the participants were single at the beginning and each had gotten married by the conclusion of the conclusion of the research five years later. Stanley and Rhoades collected information regarding lifestyles, choices, and behavior prior to the marriage, as well as data concerning marital happiness, communication, and thoughts of divorce after the marriage.

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 Posted on January 26, 2015 in Collaborative Law

When children are involved, a divorce does not just mean the dissolution of a marriage. It also means life changes for an entire family. A divorcing couple may take the position to proceed as civilly as possible. Even if two people decide not to remain married, they most likely still want to do what is best for their children. Collaborative divorce is a more amicable option and is an alternative for those who wish to avoid court when legally ending their marriage.

The process of collaborative divorce requires an agreement with promises of good faith from each party moving forward and an honest disclosure of all paperwork and relevant information needed for a resolution that is beneficial to everyone.

Divorce is commonly associated with feelings of anger, hurt, and resentment, but certain situations allow for collaborative law as an option because both parties choose to set those aside in the interest of saving time and money, as well as preserving their family.

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 Posted on January 21, 2015 in Divorce

The New Year brings with it new hope, new plans, and new resolutions. It also brings with it new tax filings. If you were involved in a divorce or separation in 2014, it will most likely have some kind of impact on how you file your federal income taxes.

When it comes to filing taxes, your first need to determine your filing status. Even if you were married for part of 2014, you cannot file your taxes under a married status. Whatever your marital status is on December 31^st will determine what status you will check off on your return.

For people who are separated, but not yet divorced, you do have an option to still file married. However, financial advisors advice that this may not be beneficial. You may receive a bigger tax break if you can file under head of household. To qualify, you must have lived apart from your spouse for the last six months, as well as be responsible for more than 50 percent of household expenses. If you qualify, then your spouse will need to file under the single status.

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 Posted on January 19, 2015 in Family Law

Studies have shown that financial problems continue to be one of the main causes of divorce. When looking at marriage as a contract, financial matters are automatically an issue. A majority of people are familiar with prenuptial agreements and their focus on protecting assets when entering into a marriage, but fewer may be as familiar with the actions of a postnuptial agreement.

A postnuptial agreement is as it sounds. It is a contract between a married couple and is created after the time of a wedding. Either type of agreement may address the following:

• Assets;
• Liabilities;
• Income;
• Ownership of property or residence;
• Treatment of inheritances or trusts; and
• Alimony details or spousal support.

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 Posted on January 14, 2015 in Child Custody and Support

When married couples with children go through a divorce, one of the decisions that needs to be made is how the custody of the children will be divided. More often than not, couples do not agree on the answer to this question and a judge has to make the decision for the parents. In determining custody, one of the main criteria courts follow is what is in the best interests of a child. However, there are issues involving child custody that come up where a judge’s bias may affect his or her decision. In fact, home schooling is one area in which this may occur. It is often an issue that can divide people, and judges are no exception.

Part of the debate over home schooling is not only whether or not a child is receiving the same quality of education they would in a public institution, but also whether or not they miss out on the interacting and socialization with other children—which is important for their emotional development.

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