Posted on November 22, 2013 in Family Law

In addition to the emotional stress and trauma that comes with divorce—the long proceedings, the arguments, the expense—there may be another downside, at least according to HealthDay News and reported by US News and World Report. Divorce may carry “a higher chance of meeting up with a fatal accident,” according to US News and World Report, which also holds true for “people with low levels of education.”

The research was conducted by tracking data “from 1.3 million Americans aged 18 and older who survived or died in accidents between 1986 and 2006. Divorced people were two times more likely than married people to die from the most-preventable causes of accidental death—hazards such as fire or poisoning.” It could be marriage itself that keeps the rates of accidental deaths low—single people who were tracked by the study had rates of accidental death similar to their divorced counterparts.

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 Posted on November 19, 2013 in Family Law

While there are many reasons that the divorce rate in modern society is high, one factor has remained constant throughout the modern age: infidelity. Infidelity may no longer be the number one reason for divorce—recent studies point to financial arguments and arguing in general as contributing to more divorces than infidelity—but it’s still a force to be reckoned with in many marriages. According to InfidelityFacts.com, 41 percent of people polled admit to marital infidelity, either emotional or physical. The percentage is slightly higher for men than for women: 57 percent of men “admit to committing infidelity in any relationship they’ve had,” compared to 54 percent of women. The average length of an affair, reports InfidelityFacts.com, is two years, which is likely the magic number for how long an affair can be conducted without the other spouse finding out about it. Not all infidelity is committed over a long period of time, however. More than 35 percent of men and women polled say that they cheat while on a business trip—which is more likely to have been a one-time event.

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 Posted on November 14, 2013 in Divorce

An article in the publication the Daily Mail recently asked, “Do trial separations work?”  Many couples who are experiencing troubles in their marriage opt for a separation to see if they can work through the issues. The hoped-for goal for some couples is to work through the issues and repair the marriage. For other couples, the time apart from their spouse helps them to decide if divorce is really the choice they want. However, many legal experts say that filing for divorce is the most common result of trial separations.

There are a variety of reasons that spouses decide to separate. Frequently, major life events can trigger a separation. A birth of a child is a major life changer for many couples.  If one spouse becomes the primary caretaker, resentments can build up on both sides. The spouse who is staying home may begin to resent giving up their career; the spouse who is out working may resent being the pressure of being the primary breadwinner.

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 Posted on November 11, 2013 in Child Custody and Support

A 9-year-old boy who managed to sneak by airport security and stow away on a plane flying from Minnesota to Las Vegas has been declared a “child in need of protection or services” by a juvenile court judge in Hennepin County, Minnesota.

According to an article in the Huffington Post, the child had been demonstrating an escalation of misbehaving that culminated in the stowaway the stowaway event. Somehow, the young child, whose mother works at the Minneapolis-St. Paul International Airport, managed to get through TSA and Delta Airline officials and board the plane without a boarding pass.

The boy rode the light rail system that runs from downtown to the airport and then took a bag from a luggage carousel. He ate an airport restaurant, but left the suitcase as well as an unpaid check, and boarded a plane. It was not until the flight was already in the air that the flight crew became suspicious that the boy was traveling alone.

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 Posted on November 07, 2013 in Divorce

In a recent study conducted in the United Kingdom, almost twice as many men than women admitted to sneaking through their partner’s cell phone to see what they had been up to.

The study was done by the cell phone company Mobile Phone Checker. They asked 2,081 adults, all who are currently in relationships, if they had ever snooped through their significant other’s phone. More than half of the men surveyed – 62 percent – admitted they had. Only 34 percent of the women asked admitted to snooping through call records and text messages.

Almost ninety percent of all those who participated said their reason for snooping was the suspicion their partner was cheating on them or communicating with someone else in an inappropriate way. And almost half of those who did snoop had their suspicions confirmed – the evidence of cheating on their partner’s cell phone. More than fifty percent of respondents had access to their partner’s passcodes.

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 Posted on November 03, 2013 in Divorce

According to recent statistics, one in four people who get divorced are 50 years old or older. That’s a sharp increase from 1990 when that figure was only one in ten. As more and more people who are approaching retirement age divorce, one of the financial resources that may now become an issue (compared to younger couples) are retirement plans and any other employer-related accounts.

Plans such as 401(k)s, employee stocks, profit sharing, and pension plans all become part of the marital estate that needs to be divided between the spouses. If a couple cannot agree on how those items should be split, the courts will decide for them.

Once a decision is made, there are steps that should be taken to protect both parties. A Qualified Domestic Relations Order (QDRO) recognizes that an ex-spouse has a right to part of the retirement benefits of the other. Once approved by the court, the QDRO needs to be submitted to whoever is administrating the retirement account(s).

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 Posted on October 29, 2013 in Divorce

Illinois lawmakers take domestic violence very seriously.  They recognize that domestic violence is a crime that causes disharmony in families, emotionally unstable environments, and promotes a cycle of escalating violence in the home.  Therefore, legislators enacted the Illinois Domestic Violence Act to protect victims of domestic abuse and help to stop the pattern of violence in Illinois homes.

 Within the definition of domestic violence, the law includes:

• Physical abuse, confinement, or restraint

• Sexual abuse

• Repeated, purposeful and unnecessary deprivation of sleep, medical care, food, shelter, or other necessities

• Threats of imminent physical harm and general intimidation

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 Posted on October 25, 2013 in Divorce

There’s no doubt that financial disagreements can play a significant role in the turbulence of a relationship or marriage. Studies have found that arguments over finances are in fact a leading reason for divorce, highlighting that early fights over money issues can be major red flags for the relationship. Couples that can’t come together over money will face an uphill battle to stay together. There are many factors that can influence your likelihood of divorce, but understanding some common financial deal breakers can be helpful for determining potential issues.

Credit score is playing a bigger role in who men and women will consider a long-term partnership with. According to a study by freecreditscore.com, 1/3 of women and 1/5 of men would not walk down the aisle with a person attached to a bad credit score. Being upfront at the outset of your relationship about past financial troubles can clear the air and allow you to set up a plan to get on top of your situation. This will also be beneficial if you decide to buy a car or house with that person down the road.

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 Posted on October 23, 2013 in Child Custody and Support

A marriage vow is meant to last a lifetime.  It is a commitment that is meant to survive sickness, health, wealth, poverty, better and worse.  The likelihood of most marriages lasting that long is around 50 percent.  But there are also couples who are stuck in bad marriages and will not get a divorce.  Some people can free themselves from bad marriages while others will not because of the following reasons.

1. The Kids

This is probably the most common reason that couples suffer through unhappy relationships.  Staying together for the kids is a noble pursuit that should be a top priority.  Yet if your relationship is toxic, it is not a good idea to subject your kids to your bad marriage.

2.  Usefulness

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 Posted on October 21, 2013 in Property Division

Hearing that your spouse has filed for divorce can be devastating.  The life that you have built together is changing and that’s scary.  But do not let the news take you away from dealing with the divorce proactively.  As you have spent time with your spouse amassing assets, make sure to account for everything that needs to be separated.  Having the proper setup for the process of property division can affect your financial future.

The first step is to take an inventory of the marital assets that are subject to property division.  Marital assets includes all property that was acquired during the marriage.  Certain restrictions include gifts to one spouse, property acquired by those gifts, and property excluded from the marital estate.  A good way to take stock of your assets is by collecting financial paperwork like paycheck stubs, tax returns, loan or mortgage paperwork and bank statements that will establish your net worth as a married couple.

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