What are the Different Types of Spousal Support?

 Posted on January 15, 2014 in Spousal Maintenance

Spousal support, also referred to as alimony or spousal maintenance, refers to a person’s right to financial support from his or her spouse after a divorce. This support can exist in the form of money or assets. If you and your spouse are going through a divorce and considering spousal support, it’s important to be familiar with the different types of maintenance so you can determine what will best fit your situation.

In some cases, the court may award permanent maintenance. This is sometimes awarded when the marriage was fairly lengthy or one spouse is unable to support themselves. Essentially, under this type of agreement, maintenance is received until one of the parties dies. However, the arrangement can still be altered and reviewed by the court for example, in the event that the recipient spouse gets remarried.

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Divorce and the Middle Child: Tips for Parents

 Posted on January 11, 2014 in Divorce

Divorce is change, plain and simple. As the family dynamic evolves, a child’s birth order can play a significant role on how a pending divorce is handled by both parent and child.

For families already dealing with a child experiencing Middle Child Syndrome, divorce may only complicate already existing issues.

Middle Child Syndrome, defined by Alfred Adler ,a Freudian-age theorist who believed that birth order strongly influences personality traits, remains a psychological topic today.

For these children, already living with mixed emotions about his/her position in the family, dealing with a pending divorce may heighten existing behaviors and emotions. To keep your child on an even keel perhaps understanding what makes the middle child tick and solidifying your support can alleviate any additional problems.

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The Adoption Option

 Posted on January 07, 2014 in Family Law

Adopting a child can be an extremely joyous time.  The thoughts of caring for a child and providing them a loving and permanent home are usually all the parents-to-be are considering.  One avenue for adoption is to utilize the Department of Children and Family Services (“DCFS”) to assist you in your search. Yet another avenue is to utilize an adoption agency or to even adopt from a parent who has signed a specific consent. Whichever avenue you choose, consider seeking the counsel of an experienced adoption attorney to guide you through the exciting yet often difficult process, and to ensure that your interests as well as the interests of the child are protected.

The Law Offices of Douglas B. Warlick & Associates can assist you in navigating 750 ILCS 50, more commonly known as the “Adoption Act,” which will help to ensure that your adoption goes smoothly and you face none of the pitfalls that occasionally arise when individuals attempt to adopt.  The Act can be very overwhelming, and the forms required to adopt are numerous and often voluminous, although a legal professional can help you along the way.

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Can Mediation Avoid Litigation in Divorce?

 Posted on January 03, 2014 in Mediation

In Illinois, mediation as a means of resolving issues is becoming more prominent as people seek to avoid the costs of litigation. Mediation can be an effective means of resolving disputes that divorcing couples experience concerning property division and child-related issues. An experienced attorney and certified mediator can often present solutions to your divorce concerns while avoiding the unnecessary a time-consuming nature of litigation.

  Mediation

The Alternative Dispute Resolution, or Uniform Mediation Act as it is more commonly known, defines “mediation” as a “means or process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.”  The Act, listed in the Illinois Compiled Statutes under 710 ILCS 35/1 and its proceeding sections, provides the groundwork a mediator will follow.

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Can Hardship Actually Make You Tougher?

 Posted on December 30, 2013 in Family Law

Can you recall that saying, “what doesn’t kill you makes you stronger”? A new study suggests that there is a link between hardships a person has overcome and future strength. Researchers found that overcoming adversity and going through challenging experiences was linked with increased ability to enjoy happier moments in the future. If you’re considering divorce, it’s likely that you’re concerned about the emotional toll this event might take on you. Being able to move on with your life, however, may actually be better for you in the long run and allow you to live a happier life.

Psychology researchers at the University of British Columbia believe that coming to terms with difficult events, like divorce, can actually allow you to better appreciate “savored moments” in the future. In order to discover this, nearly 15,000 individuals from ages 15 to 90 were surveyed about their experiences in adverse situations. Participants also went through the process of tendency to savor special moments (such as a bubble bath). Those were overcome significant obstacles had a better ability to appreciate special moments in the future, leading researchers to conclude that there might be a silver lining towards going through struggle if it’s truly the best thing for you in the end.

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Study Links Relationship Doubts With Divorce Rates

 Posted on December 26, 2013 in Family Law

Is it possible that there’s a test that could help us better understand the connection between relationship doubts and divorce rates? According to research published in the journal Science, there’s more to relationship jitters than previously thought. Relationship doubts, especially when combined with other challenges within a relationship, can lead to separation and even divorce for couples down the road.

Scientists discovered that gut reactions experienced by people shortly after their wedding can provide a good prediction about whether the marriage would still be intact four years after saying “I do”. The study included 135 newlywed couples, all of whom reported that they were happily married. The goal of the test is to reach subconscious doubts about the relationship, since not many newlyweds would report unhappiness or concerns right away. Each individual was shown a picture of their spouse and asked to come up with a positive or negative key word associated with their spouse. Those individuals who were more positive about their relationship had no hesitations in answering the question, but those who waited a couple of seconds before responding were more likely to get divorced within the next four years.

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January is Divorce Month

 Posted on December 22, 2013 in Family Law

The New Year can be a good time to reconsider a bad relationship. According to Psychology Today, this is why January is often called divorce month—there are more divorces filed nationwide in January than in any other month. “Some couples who’ve been planning to break up choose to avoid disrupting their families during the holidays. Others may be hoping that their situation or their partner’s behaviors will change, and when nothing shifts, they opt for dissolution,” reports Psychology Today.

According to the Huffington Post, some divorce scholars have attempted to determine an exact “D-Day,” the day on which more divorces happen than any other reason. One consultant told the Huffington Post that while people begin looking for information well before the holidays, “they can’t do much until the attorney are back in the office. January 12–16 seems to be the magic week for filings.”

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Reasons For Divorce After Decades of Marriage: Gray Divorce

 Posted on December 18, 2013 in Family Law

So-called gray divorce is more and more common as the boomer generation moves into retirement age. With more women being financially independent than ever before and equitable distribution laws now in place in just about every state—including Illinois—the possibility of divorcing later in life is more available than ever. The ease with which an older couple can divorce, however, doesn’t explain why a couple of decades would decide to suddenly call it quits. The Huffington Post has identified reasons that many couples turn to divorce even after decades of marriage.

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The Changing Face of Marriage (and Divorce) in Illinois

 Posted on December 14, 2013 in Divorce

On November 5, 2013, Illinois became the 15th state to legalize same-sex marriage as both the House and Senate passed the Religious Freedom and Marriage Fairness Act.  These are indeed exciting times for supporters, and it appears that equality for all is truly the mantra of this new generation.  Those pushing for a change in the law often referenced what the Declaration of Independence so aptly espoused, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

With that change, however, come new challenges and the inevitability that even a same-sex marriage may not work out like the couple had hoped.  Enter the very real possibility that there will be a growing market-place for same-sex divorce.

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Substance Abuse & Divorce

 Posted on December 11, 2013 in Divorce

The American media and the ease with which current events are disseminated has left everyone with a news outlet capable of hearing stories about their favorite celebrities’ trips to rehab for substance abuse.  With the recent revelations that Toronto Mayor Rob Ford smoked crack cocaine, comedian Artie Lange’s substance abuse and suicide attempts, Josh Brolin’s recent drunken bar brawl and subsequent swearing off of liquor,  ABC’s Elizabeth Vargas being treated for alcohol dependence, and ‘Glee’ star Cory Monteith’s death from an overdose, it’s clear that substance abuse is a very real and dangerous thing.

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