Recent Blog Posts
Moving Out of State With Your Child
You can not be expected to live in Illinois forever. Maybe you will, but it is also possible that an opportunity in another state will arise that you just cannot refuse. Under most circumstances, packing up and moving for such an opportunity is easy. When you have a child subject to a custody agreement, however, it can become much more difficult.
Your child needs to spend time and maintain a relationship with both of his or her parents. The court recognizes these needs and creates child custody agreements around them, allowing both parents time with their child. This is codified in the Illinois Marriage and Dissolution of Marriage Act as it pertains to child custody. If you wish to move out of state with your child, you may face opposition from the other parent. An experienced family attorney can work with you to demonstrate to the court that a move in your child&s best interest.
Mediation and Divorce: A Lower Stress Alternative
Despite being rather commonplace in today’s society, divorce can be a very messy process. The large number of arrangements to be made combined with the emotional reaction to an ending relationship can be a substantial burden for any couple to bear. The result, unfortunately, can be a stressful and bitter litigation, leading to months of fighting and increasing court costs and attorneys’ fees. Couples who are able to cooperate well enough with each other, however, may have an alternative to costly and contentious litigation in the form of divorce mediation.
Divorce Mediation Basics
Mediation is a type of dispute resolution frequently used in many contract negotiations, and may be very applicable to a divorce proceeding. It involves each spouse agreeing to work together with a neutral third party, called a mediator, to negotiate the terms of their divorce agreement. While more complex divorce cases may require services of separate attorneys, individual legal counsel is often not necessary in mediation, allowing the divorcing couple to realize substantial savings.
Working Through Child Visitation Issues
There is no question that it is very difficult for a single parent to raise a child. If you have been granted sole custody of your child, you understand exactly how hard it can be. You also probably realize the challenge of working with your child’s other parent over his or her rights to visitation. Despite the difficulties, however, it is in the best interest of most children to have an active, healthy relationship with both parents, regardless of the custody situation.
Visitation Rights in Illinois
Illinois law states that any non-custodial parent is entitled to the right of reasonable visitation with his or her child, without regard to the relationship between the parents. There is no set standard for what the law considers reasonable visitation, so each situation must be addressed on an individual basis, in light of the child’s best interest. A parent’s visitation rights may be limited and, in rare cases, terminated, but only if evidence exists that the child’s physical, mental, emotional, or moral well-being is seriously endangered.
Study Finds Low Divorce Rate among Medical Professionals
There are countless factors that can drive a married couple apart, eventually leading to divorce. Internal pressures, of course, such as children, finances, and spousal responsibilities can create disagreements and contentiousness between partners. In addition, many couples must also deal with difficulties created outside of the relationship, including career requirements, demanding work schedules, and stresses related to non-marital related activities. It is easy to assume that individuals with rigorous work schedules, wrought with difficult decisions, may be more likely to allow such challenges to greatly impact their marriage and experience a higher divorce rate than others. A new study has found, however, that for medical professionals, at least, that assumption would be incorrect.
Anupam Jena, MD, PhD, and Dan Ly, MD, both doctors at Massachusetts General Hospital in Boston, led a team of researchers as they analyzed data collected by the U.S. Census Bureau’s American Community Survey. The team looked at the divorce rate among various occupation groups including physicians, dentists, pharmacists, nurses, health-care executives, and attorneys. "It’s been speculated that doctors are more likely to be divorced than other professionals because of the long hours they keep and the stress associated with the job," Dr. Jena said, "but no large-scale study has every investigated whether that is true."
Child Support Modification to Meet Evolving Needs
Laws in every state around the country require a parent to contribute to the support of his or her child, regardless of the relationship with the other parent. In many cases, a formal order requiring financial child support from one or both parents may be necessary and appropriate. As family situations and the needs of the child change, however, the terms of an existing arrangement may need to be updated. For this reason, Illinois law permits parents to seek modifications of a child support order.
Existing Child Support Orders
An order of child support is entered by the court on the basis of considerations that exist at the time of the proceeding. Illinois law, in addition to providing an income-based guideline for calculating the amount to be paid, requires the court to look at a number of circumstantial factors related to the child’s needs and the needs and resources of each parent. The court is tasked with balancing such factors in such a way that creates a sustainable support order that provides for the child while considering the parents’ financial situation and requirements.
Couples May Find Security in Postnuptial Agreements
Despite the immeasurable amounts of research and advice available to married couples, financial issues continue to be among the leading causes for divorce in the United States. In fact, some experts estimate that nearly half of all American divorces are directly related to financial priorities and disagreements. Many couples looking to be proactive about money matters may decide to negotiate a prenuptial agreement prior to their marriage. Others, however, may not realize the need for such arrangements until well after their wedding day. For these situations, a postnuptial agreement may be the solution.
Recognizing the Need
Postnuptial agreements are often initiated by couples who are beginning to see signs of financial concerns but are dedicated to salvaging their relationship. Such concerns may be triggered by the success of failure of a business venture, health-related issues, or the advancement in age of both spouses, among many other factors. While being objective about family matters and the future may be difficult, doing so jointly and effectively can help unite a couple in their efforts to strengthen their marriage.
Calculating Your Child Support Obligation in Illinois
The state of Illinois, like every state, maintains under law that every child is entitled to the financial support of both parents, regardless of the relationship between them. Payment of child support is taken very seriously in the state and failure to meet ordered support obligations can result in significant penalties and wage garnishment. Understanding how the court system calculates expected child support requirement can significantly help a parent better prepare for the challenges ahead.
If you have a child and are divorced from or were never married to the child&s other parent, the law provides the possibility that you may be responsible for paying support. Statutorily, the state may require that both parents pay child support, but for practical purposes, the non-custodial or non-residential parent is most often the only obliged payor. As a non-custodial parent, it is likely that you will be ordered to pay support for your child or children.
A Prenuptial Agreement May be Right for You
There is nothing on earth quite like the feeling of falling in love. For as long as most people can remember, they have dreamed of the day they would meet "the one" and enjoy a long, happy life together. Social traditions, of course, change over time, and the landscape of a modern marriage has been greatly impacted as a result. Previous generations saw marriage primarily as a starting point from which a young couple was expected to start building a life together. Virtually every life achievement, job promotion, or major purchase was experienced as a couple, and the idea of a prenuptial agreement seemed to have little value in most situations.
Over the last several decades, however, trends show that more Americans are waiting longer than ever to get married, meaning that, as individuals, there is more time to accumulate assets, create business opportunities, and generally establish independent identities. When the time comes for marriage, both partners are bringing more of their lives with them than ever before. For many, establishing a formal arrangement prior to getting married may provide both partners with the security they need to fully commit themselves to the success of the marriage. In this sense, a prenuptial agreement can be more than just an insurance policy against divorce; it can actively contribute to a happy and healthy marriage.
Irreconcilable Differences and No-Fault Divorce in Illinois
Have you reached the point in your marriage where you have done everything you can do? Communication has broken down and is has become clear that you and your spouse are no longer happy together. You may have considered the idea of divorce but thought you did not have a valid reason to file. Your spouse is not abusive, did not cheat, and does not have issues with drugs or alcohol, so you might be thinking that divorce is not really an option. Illinois law, however, provides for the possibility of a no-fault divorce that just might address your particular situation.
It is relatively safe to assume most people realize that state law permits a court to grant a divorce in cases with justifiable grounds. Such grounds include adultery, physical or mental abuse or cruelty, substance abuse, impotence, conviction of a serious crime, and abandonment, among others. Some may not know, however, that the law also provides a mechanism for dissolving a failed marriage, even in the absence of negative actions or behaviors.
Three Possible Divorce Benefits for Women
Although plenty of research and countless Hollywood movies have explored the negative aspects of divorce, there may be benefits to being divorced. If the decision is right for you, you might experience some of these benefits after deciding to move forward with the divorce process. Despite your struggles and efforts to save your marriage, you may find your post-divorce life offers more than you realized.
Being Happier
During and after your divorce, you will certainly experience a range of emotions , but taking this step can actually lead to greater long term happiness. Recent research from Kingston University in London found that women reported higher levels of personal happiness for up to five years after the end of the marriages. The pressure of frequent arguing or the emotional burden of a deteriorating relationship can be devastating to personal happiness, and divorce may help facilitate a brighter future.
© 2024 A. Traub & Associates 200 W. 22nd Street, Suite 210, Lombard, IL 60148630-426-0196
Disclaimer | Resources Privacy Policy | Sitemap Arlington Heights Divorce Lawyer Mediation
