Recent Blog Posts
The Benefits of an Illinois Prenuptial Agreement
Your wedding day is quickly approaching, but you are wondering if you and your fiancée will maintain composure while discussing your mutually agreed upon premarital agreement.
The Uniform Premarital Agreement Act (750 ILCS 10) was enacted in Illinois to provide financial and property protection for those entering marriage. The statute also lays the guidelines of the anticipated union. More often than not, financial protection is the primary reason couples enter into a prenup.
It sounds fairly simple: each individual legally seeks financial protection of real property or financial interests. The prenup is to be drafted in writing and signed by both parties involved. What else do you need to know?
Complexities of a Prior Marriage
If this is your second marriage and children from your prior marriage are involved, deciding to tie the knot without the benefit of a prenup is highly discouraged. Without the agreement in place, in the event one partner passes, all assets are transferred to the surviving spouse and, upon his or her death, the assets are assigned to the remaining step-children rather than a disportionate distribution of assets to all children involved. By drafting a prenup, this can be avoided by stipulating instructions for property or assets to be bequeathed to each spouse’s biological children.
The Hague Convention and Illinois Adoption
Deciding to adopt takes courage and unconditional love. Deciding to adopt internationally requires deep conviction, patience and, of course, unconditional love.
Setting the wheels in motion requires an experienced intercountry adoption attorney, an accredited adoption agency and a strong understanding of the Hague Convention.
As per the Intercountry Adoption, Bureau of Consular Affairs, U.S. Department of State, the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption Convention is an international agreement to safeguard intercountry adoptions. As concluded in 1993 in the Netherlands, the Convention established international standards of practices for all adoptions conducted between participating countries. Although intercountry adoptions can be initiated with countries not participating in the Hague Convention, those who choose to adopt from participating countries often receive greater protections during the adoption process.
New Study Says Daughters Do Not Cause Divorce
Past studies have suggested that couples who have daughters are more likely to divorce than couples who have sons. In many research circles, the belief was held that the daughters were actually causing the divorces because fathers preferred sons over daughters and therefore the husbands did not want to stay married to women who did not produce sons. This thought was only confirmed for those researchers when the results of a study from 2003 were published with the following data:
- Parents who have a daughter are five percent more likely to divorce than parents who have a son.
- Parents who have three daughters are ten percent more likely to divorce than parents who have three sons.
- Unmarried couples who are expecting a child are more likely to get married if the child is a boy.
Third Time a Charm? Confronting the Challenges of Consecutive Marriages
According to an article published by Psychology Today, second and third marriages often result in divorce. Past statistics support that while first marriages have a 50/50 chance of survival, second and third marriages often fail with rates of 67 to 73 percent, not providing much hope for eternal bliss.
The reasoning behind the statistics? Often, those entering a second marriage are "on the rebound," and those trying for the proverbial third time charm have failed to learn from past mistakes.
Cathy Meyer, a Certified Divorce Coach, Marriage Educator and contributor to About.com’s Divorce Support, a general online resource for divorce, provides further explanation of why these marriages fail.
Study Indicates Women with More Education than Husbands Not at Higher Risk of Divorce
Previous studies have indicated that if a wife has more education than her husband, the more likely she is to get divorced. But a more recent study has concluded that is no longer the case.
All of the prior research had been conducted prior to the 1980’s, when women typically were not equaling or surpassing the education level of men. However, the past few decades have seen quite a change in that trend, and today it is not uncommon for a woman to have reached a higher education level than her husband.
The researchers gathered their data from the National Survey of Family Growth and the Panel Study of Income Dynamics and examined marriages that occurred between 1950 and 2004. The study, entitled The Reversal of the Gender Gap in Education and Trends in Marital Dissolution, reveals that although marriages between equally educated spouses have remained the same, when there is a difference in education level, it is becoming more common for the wife to have the most education.
Domestic Violence Victims and Divorce
The domestic violence statistics in this country are staggering.
- In the U.S., more than three women are murdered every day by their husbands or significant other.
- The leading of cause of injury to women in this country is domestic violence. More women receive injuries from battering than they do from the total combined injuries from muggings, rapes and car accidents.
- One in four women will be a domestic violence victim sometime during their lifetime.
- There are 4 million physical assaults and rapes on women by their partners every year.
According to other statistics, when a battered wife makes the decision to leave her husband and either leaves and/or begins divorce proceedings, this can be a major instigator for domestic violence. There can be a significant escalation in incidents of violence after the wife leaves the abuser. More than three-fourths of emergency room visits by battered women occur after they leave their abuser. The National Coalition Against Domestic Violence says that abused women who leave their husbands are at a 75 percent greater risk of serious injury or death than women who stay. A battered woman is at the greatest risk in the two weeks after she files for divorce.
Troubling Illinois Domestic Violence Victim Statistics
Any one instance of domestic abuse is one too many, and for those residing in Illinois, the Illinois Domestic Violence Act of 1986 (750 ILCS 60) provides the basis for protection. Generally, any instance of physical, emotional or interference with one’s personal liberty at the hand of a family or household member is a crime and will be prosecuted as such. Although often, domestic violence crimes go unreported.
The Chicago Foundation for Women is fighting to put an end to domestic violence through Illinois statute and education. If you are a victim of any type of domestic violence, the following information may prove helpful. You may also consider contacting an experienced Illinois family law attorney to discuss your legal rights under Illinois law.
Staggering Statistics
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Three or more women per day are killed by an intimate partner,
How Divorce Affects Children
Multiple studies have all concluded the same thing: divorce is bad for children. But that is not to say that parents should stay together "for the sake of the children" since other studies have shown that can be just as emotionally damaging to children as well.
However, being aware of how children are negatively affected by divorce may help parents navigate the child through the healing process with as little emotional impact as possible. The following are some of the more recent studies over the past several years that have revealed some of the negative effects of divorce on children:
- A study conducted last year by the University of Toronto found that children of divorced families begin smoking in much greater numbers than children with married parents. Women from divorced families were 39 more times more likely to begin smoking before they turned 18 years old and men were 48 percent more likely to begin smoking. There were 19,000 American people who participated in the survey.
Co-Parenting after Divorce: Joint Custody Arrangements on the Rise
Divorce is painful, sometimes unexpected, financially and emotionally draining and, most often, difficult on the children involved. Fortunately, the concept of shared joint custody between two responsible parents is on the rise.
For those residing in Illinois, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) recognizes joint custody as one of the two basics forms of child custody, the other being sole custody.
When it works well, joint custody permits continuing involvement of both parents in the lives of their children, providing them with a more encouraging outlook for the future.
Establishing joint custody with a former spouse takes hard work. You need to maintain the strong devotion to your children and possess the ability to keep your personal emotions in check as you opt for variable compromises throughout the process.
Remember, this is not going to be easy. You will need to confer and consult with a former partner who may not be high on your likeability scale. For those wishing to venture into this type of arrangement, Parents magazine offers the following tips.
Establishing Parental Bonds: Divorced Illinois Fathers Seek Legal Equality
The bond between a mother and her child is undeniable. According to a recent article by Parenting magazine contributing editor and co-author of Magical Beginnings, Enchanted Lives: A Holistic Guide to Pregnancy and Childbirth Deepak Chopra, M.D., a close personal attachment with your child may prevent diseases, boost immunity and enhance the IQ quotient of your child’s developing mind. Dr. Chopra further believes that maternal bonding has evolved into such a complex physiological phenomenon that touches our hearts, brains, hormones, nervous systems or about every component of our physical being. The study included in Chopra’s book, made possible by a grant from Mead Johnson Nutrition, suggests that a strong maternal bond may prove even more powerful than DNA.
But where does all this research leave Illinois fathers trying to establish a paternal bond with their children post-divorce? Recently, the Illinois Fathers Network, founded in 2008 and recently established as a non-profit organization, is trying to answer this question for Illinois fathers and other non-custodial family members by proposing three revisions to current Illinois statutes.
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