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New Bill Could Change Divorce in Illinois
In Illinois, current divorce and child custody laws have not been changed for over 30 years. A current group of politicians is looking to change that.
The cross-party committee called the Family Law Study has created House bill 1452 based on data collected from 4 years of surveys. They asked for information from family law experts, judges, child advocate groups, and the general public to rewrite current laws. Chairman and family attorney Andre Katz said that the purpose of this work was to make a system of laws that serves families better.
Within that House bill are the following changes to the current divorce laws:
- Child support payments will consider the incomes of both parents as well as the amount of time spent with child
- Permits non-custodial parent to spend at minimum 35% of time with child, in an effort to minimize disruptive transitions which occur quickly every week
What Moms Should Know About Divorce
Divorce can be especially hard on families regardless of the circumstances surrounding it. Chances are that you will make bad decisions amidst the emotional turmoil you may be experiencing. There are a number of things moms need to know about divorce. An article in the Huffington Post mentions a few dos and don’ts that a divorcing mother should keep in mind.
Don’t panic. Go online and find as much as you need to know about divorce. Contact an
experienced divorce lawyer. Get help and support, and learn about your rights. You should know that you are not going to end up in the street even though your husband is not paying your rent or mortgage any longer. Explain what you are going through to your family and friends, and do not agree to a settlement before the time is right.
Don’t borrow money from family. If you need money for a lawyer, it is better to borrow against your home or get a credit card than to borrow money from your family. You may yet need those resources some other time. Besides, if you are financially dependent on your spouse, he must pay at least part of your legal fees. If you borrow that money from your folks instead, it is less likely that you will get it back.
The Hidden Costs of Divorce
Divorce is often hard on the wallet. Lost income, asset distribution, child support and alimony payments are only some of the expenses. However, there are other ways that divorce impacts your finances, according to a recent article in the LA Times. "Most people don’t realize the depths of what divorce can do when it comes to their finances," said financial planner Samantha Fraelich. "It is usually a matter of much more than a loss of salary or income." Here are a few of the hidden costs of divorce:
Legal expenses. Legal expenses can be thousands of dollars, even if ou’re keeping your divorce on good terms with your spouse. But if the divorce is contested, expect to see an increase in the expenses.
Child Care expense. When you become a single parent, you may have to hire child care. Households often end up paying more for child care than they imagined.
Divorce Showers – Will They Become Tradition Too?
Most people are familiar with bridal showers – a traditional event held for the bride and groom shortly before the wedding where family and friends present the couple with gifts in which to start their new life together. Many people give gifts such as dishes, pots and pans, beddings, towels and other items for the couple’s home.
But there is a fairly new trend that just may turn into tradition as well, especially with the divorce rate at fifty percent for first marriages and an even higher rate for subsequent marriages. That trend is called "unbridled showers" – a divorce shower.
The New York Times reported on the trend, interviewing one recipient, Tom Carling. He had recently gone through a divorce after twenty-five years of marriage. Friends organized the shower and brought gifts to restock items that Carling’s ex-wife took with her when the marriage ended. Friends even gave him a box "of idiot-proof recipes" they said would allow him to feed his teenage daughter or impress a date.
Signs of an Abuser
When couples hit problems in a relationship, many times they try to work through them before they make the decision to divorce. However, for a spouse that is in an abusive relationship, staying in the marriage can be dangerous. Whether it’s physical, emotional, mental or financial, everyone should know the warning signs of abuse.
- Physical violence is one way abuser’s use to control their spouse. Typically, they will strike their victim on parts of the body that can be covered up with clothing.
- Threats are another way abusers use to control and intimidate their victims. Threatening to harm the victim, the children, pets, family members or friends. Or threatening to withhold money or other resources.
- Extreme jealousy is a sign of insecurity and lack of trust, but an abuser will say it’s proof of their love. Accusations of flirting, or even infidelity, all unfounded, are used as an excuse for physical or emotional violence.
The Process of Divorce
The Petition
In order to file for divorce, the first thing you must do is file a Petition for Dissolution of Marriage. You, the filer, will be called the petitioner and your spouse will be the respondent. A Petition states several basic facts for the couple and their children and is public record. This step is usually only two or three paragraphs and does not contain much personal information.
The Petition must state the reasons for the divorce, which can be fault or no fault grounds in Illinois. These "faults" must be proven in court; however, the judge cannot consider them while deciding the division of marital property.
Service of Process
"Once the Petition has been filed… due process requires the respondent to be ‘served’ with the Petition and a Summons to appear" in court, according to Illinois divorce law.
The Response
Once the spouse has been served, he or she will have 30 days to file a written response to the Petition. If your spouse does not file a formal response, then you have the opportunity to request that the court enters a "default judgment."
Day after Valentine’s Day began busiest divorce season
Although Valentine’s Day is supposed to be about romance and love, for many couples, it is just the opposite.
Feb. 15, therefore, has been the beginning of a very busy season for divorce lawyers after many couples that are unhappy together heading into Feb. 14 make a final decision on that day or soon after that they no long want to stay together.
A study of divorce filings in New York, Illinois and California from AttorneyFee.com, which is a legal referral website, found that February is the busiest month of the year for filing for divorce, at about 18% higher than an average month. Those seeking a divorce attorney referral from the website are increased about 38% following Valentine’s Day, with the biggest spike being the day after.
Another site, Avvo.com, reported a 40% increase of those seeking advice and more information about divorce in the short period immediately following Valentine’s Day.
Prenup Thrown Out in Landmark Divorce Case
A Long Island woman won a "major and rare divorce battle," according to ABC News, when an Appellate Court in New York ruled that the prenuptial agreement she had signed could be discarded during her divorce. Elizabeth Petrakis claimed that she had originally refused to sign the prenup, but that "four days before tying the knot, she agreed to sign the prenup after her fiancé, 41-year-old Peter Petrakis, promised he would get rid of the prenup once the two began to have children," according to ABC. He did not, and while this wasn’t the immediate reason for their divorce, the seeds of distrust that his broken promise sowed marked the beginning of the relationship’s demise.
The prenup in question was one that lawyers would refer to as "heavy-handed," according to ABC. It would give Mrs. Petrakis $25,000 for every year that she was married, but nothing more. Mr. Petrakis is a commercial property developer, worth a whopping $20 million, according to ABC News. "He’s a good father. He’s a very successful businessman," Mrs. Petrakis told ABC, "but this prenup was a thorn in our marriage, and he didn’t want to give in."
Protecting your Business before a Divorce
Starting a business is a very arduous task. For a long time, there is no end to the struggles to bring services or goods to consumers and finding your marketplace. Time and resources are spent to make a business a success and a divorce can tear it asunder.
A marriage is a contractual agreement that states that each spouse is entitled to jointly gained assets. This is essentially the difference between separate property and marital property. In some cases, a spouse can expect nearly half of a business after a divorce as determined by length of marriage, involvement in the business, and the spouse’s earning potential after a divorce.
If either spouse has spent their time creating a valuable asset such as a business, it is essential to know how to protect it, most likely through a prenuptial agreement or other business agreements. A prenuptial agreement serves as an outline of the outcome of an unforeseen dissolution. It will delineate the property and asset distribution and also for the protection of a business. But like most contracts it needs to meet certain criteria to be considered valid by the divorce court.
Parenting with an Ex | Lombard Divorce Attorney
Divorce is complicated for all family members: parents, children, etc. However, it is important for the children to have both parents involved in their lives. It may not be easy on divorcing parents to be around each other, but Parenting.com has given a few helpful tips to help you and your ex stay connected without things becoming too sticky.
Stay positive. It is important to look at your spouse as the parent of your children, not as the person that you just divorced. Concentrate on respecting one another, to be more specific, concentrate on the qualities that you respect of your ex rather than the ones that upset you. Trinidad Madrigal, a child-custody expert, suggests taking a parenting class or therapy if you are having problems trying to stay positive with your children. Be sure to focus on what is best for your children.
Think of activities that you and your spouse both think are ideal for the children. Then, decide who can take them where. This can be a variety of things such as, the library, zoo, or an amusement park. Divide who takes them places equally, so there is not any competition.
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