Posted on August 15, 2014 in Divorce

In Illinois, according to the Illinois General Assembly, various grounds for divorce include: adultery; the absence of one spouse for at least one year, willfully; habitual drunkenness (or drug use) for at least two consecutive years; being convicted of a felony or other "infamous crime"; attempted murder; bigamy; and impotence.

Illinois, however, is also a no-fault divorce state. This means that a couple can still be legally divorced, even if neither spouse is necessarily found at fault.

For a divorce to qualify as no-fault (also called uncontested), one or both parties must prove an irretrievable breakdown of the marriage and/or irreconcilable differences between the married parties. Also, attempts to further reconcile would prove unworkable and not in the best interests of those involved. Finally, two years of spousal separation are also required. However, this does not necessarily mean spouses need to reside in separate households. It just means they should be living similar to that of roommates.

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 Posted on July 30, 2014 in Spousal Support

The history of alimony as a legal concept dates back centuries and has evolved greatly into its contemporary application. In modern day Illinois, alimony payments are determined by several differing factors. Therefore hiring a family law attorney to assist with these matters is essential to achieving the best possible outcomes.

Alimony in Illinois is often referred to as maintenance, as opposed to the term “spousal support” which is favored in many other states. The definition of maintenance in Illinois family law is very literal and is intended to do exactly what the name suggests. Although there are a few different types of maintenance, the intention in Illinois is to ensure both parties “achieve a lifestyle comparable to that during marriage.”

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 Posted on June 12, 2014 in Domestic Violence

The incidence of domestic violence (DV) remains with us more than ever. In fact, the 2013 Mary Kay Truth About Abuse Survey indicated a serious spread of the problem to Generation Y, reporting that shelters are serving more women, and women with children, specifically between the ages of 18 and 32. And those who were in shelters as children are now personally seeking protection from domestic violence themselves. Sadly, these findings show how the cycle of domestic violence is ongoing.

Each year, over one million women are victims of physical assault by an "intimate partner." However, only one in four reports the crime. And the key to the spread of domestic violence revolves in the fact that 30-60 percent of those who abuse a partner target the children as well. Noted by The National Coalition Against Domestic Violence, "Witnessing violence between one’s parents or caretakers is the strongest risk factor of transmitting violent behavior from one generation to the next." In fact, a boy who witnesses domestic violence is twice as likely, as an adult, to abuse his partner and children.

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 Posted on June 03, 2014 in Prenuptial & Postnuptial Agreements

During a couple's engagement, the consideration and discussion of a prenuptial agreement with a potential spouse may be considered "unromantic." However, many divorcees express the wish that they had executed one, as it can be a strong tool in avoiding a contested divorce proceeding.

Yet with that said, agreeing to a prenuptial agreement may show your fiancée that you are not in it for the money, but that you are committed to the relationship and are thus protecting the romance.

Elizabeth Gilbert, author of the bestseller "Eat, Pray, Love" puts it plainly: "Marriage is not just a private love story but also a social and economic contract of the strictest order...if it weren’t, there wouldn’t be thousands of municipal, state and federal laws pertaining to our matrimonial union."

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 Posted on March 23, 2014 in Gray Divorce

Has divorce become another rite of passage for older Americans in the baby boomer generation? New research suggests that Americans over the age of 50 are twice as likely to get divorced as people of that age were two decades ago.

Older individuals might have their own unique challenges in the divorce process: ending a marriage after many years of routines and grown children can be difficult. Family get-togethers with grandchildren might feel uncomfortable or a spouse might have to adjust to managing household finances that they have never done before. For some older people, being lonely is a common feeling reported by gray divorcees.

One of the most common challenges for those considering divorce in the baby boomer generation is the concept of drifting apart. After several decades together, couples might be headed in different directions. As older children leave the house to pursue education or careers, this gap might be more pronounced, leading couples to go their separate ways.

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 Posted on March 15, 2014 in Finances & Divorce

A new study from the National Endowment for Financial Education states that one in three couples is committing financial infidelity in their marriage. Financial infidelity can range from hidden credit card spending to secret receipts for big expenses. The key factor in the financial infidelity, though, is the intent to hide this behavior from their spouse. And this behavior can eventually result in marital tension or even divorce.

In the NEFE study, more than three-quarters of all respondents mentioned that “financial cheating” had hurt their relationship with their spouse. When the impact of financial infidelity reaches deep, all trust can be lost, especially when a spouse reveals a big gambling addiction or other financial obligation. At this point, it is very difficult to save the marriage and it leads couples to consult divorce attorneys.

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