Recent Blog Posts
Hiding Assets: Warning Signs He Might Be Keeping Secrets
In any divorce situation, division of property is an extremely important consideration. Whether accomplished by means of an agreement between spouses or by litigation and the decision of the court, the marital assets must be addressed, in most cases, before the divorce decree can be finalized. As with any compromise, a property division negotiation may leave one or both partners feeling a bit cheated or that the other partner ended up with more than was deserved.
In some cases, it can seem very clear that a marriage is deteriorating and headed for divorce. Such a situation may drive one partner, often the one with more control of the family’s finances, to manipulate the situation to unfairly benefit in the event of divorce. While either partner may be tempted to take advantage of the circumstances, it is often the husband who may attempt to hide cash, disguise income, or undervalue property. Hiding assets is not only detrimental to an equitable divorce settlement, it is also illegal.
Weight Gain after Divorce More Likely for Men
There are countless factors that can contribute to an individual’s health, fitness, and overall well-being. Stress levels, sleep patterns, and daily routines have all been shown to have an impact on a person’s ability to stay healthy and achieve or maintain any weight-related goals he or she may have. Significant life events, such as the death of a loved one, a move across the country, or a career change may also have an effect as the person learns to adapt to a new situation. In the last few years, several teams of researchers have examined the impact of marriage and divorce, specifically as it relates to a weight gain or loss experienced by either partner.
One of the most prominent studies with such a focus was conducted by Dmitry Tumin, sociology doctoral student at Ohio State University, and Ohio State sociology professor Zhenchao Qian. Tumin and Qian studied data collected in the National Longitudinal Survey of Youth 1979, a nationally representative research effort spanning nearly 30 years. The Ohio State team looked at more than 10,000 adults surveyed between 1986 and 2008 to find a weight-related trend within two years after a marriage or divorce.
New Research Disputes Falling Divorce Rate
Much like any subject in the current American consciousness, there are countless articles, papers, and research projects related to marriage and divorce being published seemingly every day. Researchers with infinitely varying philosophies and perspectives are constantly conducting studies on various factors and facets of modern relationships and what may be affecting them. It should come as no surprise that occasionally the findings of a particular study will appear to directly contradict the findings of another, or in some cases, a more widely held principle regarding marriage and divorce.
A recently published paper entitled "Breaking Up is Hard to Count: The Rise of Divorce in the United States, 1980-2010" by researchers at the University of Minnesota suggests that, contrary to widely held belief, the divorce rate in America is actually not declining. Authors Sheela Kennedy and Steven Ruggles instead posit that cultural shifts have resulted in a rising divorce rate, which may be obfuscated by the poor collection and organization of marriage and divorce statistics across the country.
The Changing Landscape of Illinois Spousal Maintenance
Each year in Illinois, hundreds of measures are enacted into law at the state level, addressing issues from across the political spectrum. On January 1, 2015, more than 200 new laws or amendments went into effect across Illinois. Of these new statutes, Public Act 98-0961 is likely to impact those who may be considering divorce in the near future as it amended the existing law regarding spousal maintenance.
The amended law was passed in August of last year and was scheduled to take effect in 2015, just in time for the start of "divorce season." As the courts prepare for a renewed rush of divorce filings between January and March, couples and divorce attorneys should be aware of how the amendment may affect their individual situations. While the court retains discretion over determining the appropriateness of spousal maintenance, or alimony, the formula with which the amount and duration of the award is calculated has now been standardized.
Amendment to Illinois Adoption Act Broadens Adoptee Accessibility of Information
For over 50 years, the Illinois Department of Child and Family Services (DCFS) has been providing assistance to those choosing to adopt. Remarkably, this organization has placed over 17,000 children over the past decade, and with the recent amendment to the Illinois Adoption Act (750 ILCS 50), many adoptees and their family members are gaining wider access to personal and medical information through the Illinois Adoption Registry and Medical Information Exchange IARMIE.
Although many states are still considered "closed states" where all information regarding an adoption is sealed, Illinois has acted to broaden the rights of adoptees and immediate family members by making it easier to request and access information without petitioning the courts.
People Suffering from Mental Disorders Have Higher Divorce Rate
There are many reasons which cause people to make the decision to file for divorce. Sadly, one of those reasons is when the other spouse suffers from mental illness. Studies have shown that people who suffer from mental illness have a higher rate of divorce. One study that was conducted in 2011 actually put that divorce rate increase at between 20 to 80 percent.
The multi-national study was conducted by the National Center for Biotechnology Information. The researchers found 18 different mental disorders which not only had an effect on whether or not a person dealing with one or more of those disorders stayed married, but also affected whether or not they married in the first place.
The mental disorders which had the largest impact on divorce rates were alcohol abuse, major depression, and specific phobia, such as post-traumatic stress syndrome (PTSD).
Chicago Expands Domestic Violence Pilot Program
The Chicago Police Department responds to almost 500 domestic violence calls every day. In 2013, approximately 1,500 of those calls involved aggravated domestic battery, where the abuser attacked his or her victim with a gun, knife, or other dangerous weapon.
The City of Chicago recently expanded a pilot domestic violence program that has been in effect since last year. The program takes a more proactive response approach by police, prosecutors and social services agencies and providers.
The program was first introduced to the Chicago Police Department’s 14th Division. The aim of the program is to enable law enforcement to identify households which may be at an elevated risk of domestic violence and serious injuries in order to coordinate a rapid response. An assessment form was developed which asks questions that help determine if a victim is at elevated risk of injury. Patrol officers use these assessment forms when responding to domestic violence calls. If the victim’s answers indicate a serious risk, the department has put protocols in place which activates an immediate investigation.
Child Custody Modification In DuPage County
Life happens, and a child custody order which may have been perfectly workable for both parties can quickly become outdated, unfair, and harmful to the children. A job change, a new relationship, a midlife crisis and countless other items can significantly disrupt a divided family’s life.
As a rule of thumb, most family law orders need to be formally modified, or at least updated, every three or four years. Many parents are concerned about visitation and custody provisions which may no longer be in the children’s best interest. What does a party need to prove to modify custody in Illinois?
Time
Section 607(a-7)(1) states that a party must wait two years after the orders become final prior to asking for a modification, but there are some exceptions. Often, to reduce legal fees and avoid unnecessary emotional conflict, the parents may agree to change custody provisions. Courts typically honor these stipulations.
Learning the Language of Adoption: Advice from the AAP and the DCFS
The Illinois Department of Children and Family Services (DCFS) and the American Academy of Pediatrics (AAP), both highly dedicated to the health and well-being of all children, would like to remind medical professionals, family and friends associated with a recent adoption that often unnecessary or thoughtless language can damage the already fragile self-esteem level of the child and even perhaps the adoptive parents.
In conjunction with the AAP, the DCFS offers the Let’s Talk! Respectful Adoption Language and Behavior booklet, both online and in hard-copy form to all medical professionals or interested adoptive families or friends interested in the Do’s and Don’ts of adoption language and behavior.
The following guidelines provide respectful options for broaching the subject of adoption. These guidelines may also prove helpful to those couples considering adoption as to what may be appropriate and what may be insensitive.
New Year's Resolution: Divorced Parent Pledge
The New Year brings with it lost of promise. Many people set goals for themselves in the form of New Year resolutions. Although sticking to an exercise program, eating healthier, and quitting smoking are all popular and important resolutions to have, one of the most important resolutions you can make as a divorced parent is to make what one family therapist calls the "Divorced Parent Pledge" to ensure a secure and happy life for your child.
Some of the promises a divorced parent can make to their children include:
- Do not try to make the changes divorce brings to a child’s life sound as if it will all be a new adventure. Acknowledge that a lot of these changes can be scary, and sad, for your child. Validate their feelings. But also reassure that it will all work out and everything will be okay for them.
- Even if your child repeats something negative about something their other parent says about you or blames you for, do not get into a finger pointing match over it. Do not use your child as a messenger delivery service to keep a feud going with your ex or to deliver child support or alimony checks.
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