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Recent Blog Posts

Missing for a Week, Mother Says She "Just Needed to Get Away"

 Posted on November 13,2012 in Divorce

A Volo, IL mother and her two young children went missing. Aneta Marsek, 33, and her daughters, 2 year old Chevelle and 4 month old Macenzie, left her parents’ home around 7 p.m.on a Saturday night and disappeared. Her estranged husband Dan Marsek reported them missing. Police led an intense search for the family using helicopters and a small plane. Friends and family also helped out where they could, such as handing out flyers. There was even a candlelight vigil held for the mother and her two babies.

A week later, Marsek walked into a Wisconsin Dells gas station and told the attendant she thought police might be looking for her. A short time later, she took police to her vehicle where the two children were found safe. She told police that she had felt the need to get away and the Dells reminded her of when she was a child. She also said that she and the children had been living in the car since arriving in the area, a Chevy Trailblazer.

But Dan Marsek filed paperwork with the court after his estranged wife was found, alleging that the disappearance with the children was just another attempt to keep them from him and to avoid a hearing which was to set a visitation schedule. According to a report from NBC Chicago, Dan Marsek told the court that Aneta Marsek has disappeared three other times this year; in January, March and May.

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Taking Lessons from the Boomer Generation

 Posted on November 10,2012 in Divorce

According to the Chicago Tribune, married couples of today can take lessons from the Baby Boomers generation when it comes to making a marriage last. Some question this advice because in 1990, less than 10 percent of documented divorces included spouses that were over the age of 50. However, recent studies show that the same age group account for over 25 percent of divorces today. However, there are other studies that show that the boomer generations are among the happiest.

Date Your Mate

One of the things that are vital in keeping the love alive is to not become totally complacent. While being comfortable is part of a good marriage, you can be comfortable while keeping things exciting. Set up a date night and do something new. Get out of the house and go dancing or perhaps take an overnight trip to a place that neither of you have visited. Keeping things interesting is a great way to keep your significant other interested and keep them wondering. The date nights do not have to be expensive, it can be something as simple as a picnic at your favorite park.

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Ronnie Wood Divorce Results in Auction of Rolling Stones Memorabilia

 Posted on November 07,2012 in Divorce

According to the Huffington Post, the 2011 divorce of Ronnie Wood has culminated in a two-day auction of Rolling Stones memorabilia and artwork jointly owned by Wood and his wife as part of their divorce settlement. Notable items included in the auction included Wood’s white leather coat that sold for $8,960, a lithograph of Eric Clapton drawn by Wood and signed by both Clapton and Wood that sold for $5,120, and Wood’s 1955 Fender Stratocaster guitar that went for $60,800. The auction took place at Julien’s Auctions Beverly Hills gallery.

When a divorcing couple owns assets of any value, they must be divided in an equitable manner between the parties. This often becomes a point of contention during a divorce, particularly when the assets are of a significant value. If parties are unable to reach a satisfactory division of personal property, or if it is necessary to liquidate assets in order to pay off marital debts, then an auction of personal property can be one way to raise those funds. In a case such as the Wood divorce, where an auction of the parties’ Rolling Stones memorabilia was likely to result in a large pay-off for the parties, an auction was probably the easiest way to liquidate the parties’ assets.

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Donald Trumps Bombshell News Expected to be Past Divorce Plans for First Family

 Posted on November 04,2012 in Divorce

Donald Trump’s bombshell announcement regarding President Barack Obama is believed to be secret divorce papers that were filed by Michelle Obama and the President, according to a financial pundit linked to the tycoon.

It has been alleged that the Celebrity Apprentice host will reveal he has documents that show the First Lady and Barack Obama considered splitting up at one point during their 20 years of marriage.

Douglas Kass, an investor who appears on CNBC’s talkshow ‘Squawkbox’ where Donald Trump also appears, tweeted his 48,000 followers today: "High above the Alps my Gnome has heard that Donald Trump will announce that he has unearthed divorce papers between the Prez and his wife."

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The Use of Different Grounds for Divorce

 Posted on October 28,2012 in Divorce

Illinois Law cites 7 major grounds for divorce which require fault, and one which doesn’t.  The one that does not is called a no-fault divorce where irreconcilable differences are cited.  The legal definition is very telling; it is the existence of significant differences between a married couple that are so great and beyond resolution as to make a marriage unworkable.  One party in the divorce has only to that this rift exists and that they are unworkable.  The couple must also be separated for 2 years, or sign a waiver after 6 months.

There are also culpable types of grounds for divorce that have a criminal aspect.  The List of "At Fault" Grounds for Divorce are as follows:

  •  Mental Cruelty
  •  Adultery
  •  Alienation of Affection
  •  Physical Cruelty
  •  Drug Addiction or Drunkenness
  •  Infection with a STD
  •  Conviction of a Felony

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Baby Boomers Want More from Their Marriages These Days

 Posted on October 25,2012 in Divorce

In recent years, the rate of baby boomer divorces has increased gradually. Nowadays, every fourth divorce includes spouses age 50 or older, while twenty years ago they were included in only 10 percent of divorces. There are many reasons that have caused the phenomenon, says a recent article in the Chicago Tribune.

Marital roles and expectations have been changing and it has taken the boomers some getting used to. In the past, marriage was taken for granted; once you got married you were in it for life. Today couples expect more from marriage and the quality of marriage has become more important. A 2010 study found that boomers were more likely than any other age group to say that happiness is the main point of marriage, and 66 percent said they would rather divorce than stay in an unhappy marriage. It’s only natural that couples start to question decisions they made some thirty years ago, and may feel that divorce is the best option. This is also the time when you should consider talking to an experienced divorce lawyer.

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Divorce for Mentally Disabled More Easier in the Future

 Posted on October 23,2012 in Divorce

Mentally disabled people have not been able to get a divorce in Illinois in the past unless his or her spouse has wanted to. However, this might change in the near future due to a recent ruling in a case in Cook County, according to the Chicago Tribune. Marcia Karbin was in a car accident in 1997 and has been suffering from brain damage ever since. After the accident, her daughter was named her legal guardian. Marcia has had financial disputes with her husband which prompted her daughter to seek a divorce for her.

In the past, guardians have not been allowed to seek a divorce on behalf of the mentally disabled people they were taking care of. It didn’t matter whether a person had a severe brain damage, Alzheimer’s or a mental illness whose effects come and go – even if they were able to voice their desires, they were still banned from seeking a divorce. The ban, however, might leave disabled people under the control of abusive or exploitative spouses. As stated by Justice Charles Freeman, "either the guardian can act in the best interests of the ward for all personal matters, or for none at all."

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Illinois Opens Door for Divorce for Mentally Disabled

 Posted on October 19,2012 in Divorce

According to the Chicago Tribune, the Illinois Supreme Court opened the door "to divorce for people who need guardians because of mental disabilities." It’s great news for the thousands of Illinois residents who suffer from mental disabilities, as before the law was passed, "the disabled person could not get a divorce unless his or her spouse started the process."

The state Supreme Court ruling stated that the ban "is no longer appropriate. It could leave vulnerable people at the complete mercy of spouses who abuse them or exploit them financially." Under the new law, the court will consider each disabled person individually, and allow the judge to decide on an individual basis that, "there is clear and convincing evidence that [divorce] would be in the disabled person’s best interests."

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States That Allow Same-Sex Marriage Have Lower Divorce Rates

 Posted on October 16,2012 in Divorce

According to Medill, a publication of Northwestern University in Chicago, "states that allow same-sex marriage have some of the lowest [divorce] rates in the country." As the idea of legal LGBT marriage comes to Illinois, many opponents fear that it will ruin the idea of a nuclear family, traditionally consisting of a mother, father, and children. Yet Carolina Staerk, a representative from Equity Illinois, has stated that the state has recently become open to the idea of a marriage equality act. 

According to the Medill, the divorce rate is lowest in states that allow same-sex marriage. "Same-sex couples took their vows for the first time May 17, 2004, as Massachusetts became the first state to legalize same-sex marriage." In 2004, the divorce rate in that state was 2.2 for every 1,000 people. By 2010 that had risen to 2.5 per 1,000 people; still the second lowest divorce rate in the country by state. The state with the lowest divorce rate in 2010? Iowa—another state that allows same-sex marriage.

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Sitting Michigan Trial Judge Faces Paternity Suit by Flint Attorney

 Posted on October 11,2012 in Divorce

Michigan Live is reporting that Flint attorney Denise Ketchmark has filed a lawsuit against Genesee Circuit Judge Archie Hayman seeking more than $4 million in child support and other damages. Hayman, who is well known for his insistence on men being held to their responsibilities as fathers, allegedly carried on a secret twenty-year love affair and fathered two children out of wedlock with Ketchmark, all the while shirking his financial responsibilities for the children.

Hayman has responded to the lawsuit by seeking to have the case file sealed from public view, and requesting an order for DNA testing in order to prove his parentage of the children, despite the fact that he previously signed affidavits of parentage for both children and provided medical insurance for them. Ketchmark is opposing these motions, stating that the public has a right to know if Hayman has committed insurance fraud by obtaining insurance for children who he now claims are not his biological children, and that Hayman waived his right to genetic testing when he signed affidavits of parentage.

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