Marriages that led to a divorce several years ago are less likely to happen now, as individuals become more comfortable with their partners seeking higher education and earning a higher income than they do. This is said to be changing primarily between men and women who are earning more degrees or bringing home more income, though the ability to accept a partner's success without resentment is arguably important for either spouse.
]]> Overall, the societal view of relationships and marriage is changing. In a lot of cases, people are placing a higher value on their careers, so they are re-evaluating their relationships. Despite a decreasing divorce rate, there are still a variety of reasons for Illinois couples consider divorce. In a number of cases, divorce is the best answer for couples.The changing dynamics of household incomes also has interesting implications for the divorce process itself. As women earn an income that is comparable or greater than their husband's, the dynamics of settling a divorce are bound to change. In this case, the asset division could wind up being a near equal split or the woman may be responsible for making alimony or child support payments. Knowing this, divorcing couples will have to ensure they reach a settlement that suits their individual circumstances.
Source: CNBC, "Divorce Rate Falls Thanks to Home Economics," David Milstead, May 7, 2012
]]>Many desire to hold onto the home after divorce because of the memories built within their home or for practical reasons. However, others may feel that the emotion tied up in their house is too much to handle. Regardless, if a spouse makes the decision that they would like to keep their home, they need to address a number of important questions.
]]> For one, before determining you want to keep the house, look at the decision from a financial point of view and make certain that the home can be afforded -- on one income -- before committing to it. Nothing may be worse than having to deal with foreclosure proceedings due to an inability to keep up on mortgage payments. Also, consider the reasons behind the desire to keep the house. Is it because of your children? Or is the decision motivated by a desire to feel "victorious" after a divorce?Divorce is typically about change, and it is important to consider those changes when negotiating a settlement. It may not be such a bad idea to seek out alternative living accommodations that may be more suitable for your situation.
For many people, a new residence provides a fresh start in life after divorce. However, if there are legitimate and practical reasons to keep the home, such as considerations for the well-being of your children, then try to negotiate that arrangement with your spouse. Though both parties may want to keep the home, it is often best to pursue a settlement that creates the least amount of tension and stress.
Source: MORE.com, "Five Critical Questions Divorcing Women Need to Answer Before Deciding to Keep the House," Jeffrey A. Landers, May 4, 2012
]]>However, as kids grow up and plan for higher education, college expenses become an important topic for discussion. Teenagers are potentially affected by several factors in their parents' divorce. And that may determine what sort of funds they have, and even the sort of financial aid they can receive for college.
]]> In order for a college student to receive the greatest amount of financial aid, it is beneficial for the parent with the lowest income to maintain primary custody of the child in the year prior to the time for filing college admission applications and financial aid packages. In order for this to work, the parents must cooperate providing their financial information on financial aid forms, such as the Free Application for Federal Student Aid.Above all else, though, it is important for couples going through a divorce to clearly document their agreement concerning college expenses. Whether this is split evenly or in some other fashion, both parents may benefit by ensuring the settlement is in writing and accurately reflects the how they would like to support their children while they are in college. This way, potential problems are avoided as their children grow older.
Illinois couples may find that these issues are central to any Illinois child support settlement, and deserve careful consideration in the best interests of the children involved. As with many other aspects of crafting a divorce settlement, it is important to plan ahead. As college tuition rates continue to rise, considering provisions for college-related expenses in your divorce settlement will become increasingly significant.
Source: The Huffington Post, "Divorce Questions: How Is College Tuition Divided Among Exes?" Honoree Corder, April 17, 2012
]]>However, just as with married couples, these couples may break up and, though they were not married and thus not seeking a divorce, may find themselves in a child custody dispute. In that respect, unwed couples who are parting ways may face some of the same legal questions as a married couple.
]]> In an analysis from the National Center for Health Statistics of data collected over the last decade, it was found that the percentage of first children born to an unmarried, cohabitating couple has seen an 83 percent increase from 2002 to 2010. Apart from the rise in unwed parents who are cohabiting, there were few major shifts in child-birth statistics. The primary factor that has changed, according to one sociologist, is the prevailing attitude toward having children outside of marriage.Married or not, there is no telling whether or not future circumstances will lead couples to decide that a split is in their best interests. Even when divorce isn't a factor, parents still often find themselves engaged in child custody negotiations after breaking up. These child custody agreements, whether in Illinois or elsewhere, address the same issues when they are resolved as part of a divorce proceeding. In the end, when the parties cannot resolve child custody issues themselves, a court will step in and make the determination for them based on what is deemed to be the best interests of the child.
Source: USA Today, "More children born to unmarried parents," Sharon Jayson, April 12, 2012
]]>One such situation occurred between a divorced couple when a mother had her two children baptized without his knowledge and against his wishes. The act was said to be in violation of a court-ordered custody agreement mandating that decisions concerning the children's religious upbringing should be made between both parents.
]]> Both parents are Christian, though they belong to differing denominations, and the father believed the children should wait until they were older in order to fully understand the ceremony before participating in it. Due to the mother's alleged violation of the agreement, she faces potential charges of contempt.The claim issued by the children's father and has worked its way through the court system. Most recently, an appeals court sided with the father, despite the argument from the mother's attorney that religious aspects of the parenting plan could not legally be enforced.
While religious disagreements are only one type of problem that can disrupt an otherwise stable custody arrangement, Illinois parents have an obligation to abide by the terms of their settlement.
If a court has submitted an order enforcing a settlement and custody agreement, any subsequent violation of the court order may result in legal penalties. Those troubles could include a contempt-of-court conviction and even form the basis for a change in custodial arrangements in circumstances where the best interests of any children involved would be so served. In order to avoid a heated dispute or legal trouble, it is best to seek a court-ordered modification if you believe the interests of your children would be better served by a change in your existing custody arrangements.
Source: New York Daily News, "Mom faces jail for baptizing her 2 kids without husband's consent," April 1, 2012
]]>At the beginning of last month, Rodman allegedly owed over $800,000 in unpaid child support and over $51,000 in unpaid spousal support to his third wife, Michelle Rodman. He claims he is unable to maintain his payments, because he is "sick" and "broke." At same time, Rodman claims that he is not even able to pay child support for a child he has from another marriage, let alone payments ordered as a result of his third marital dissolution. Even Rodman's attorneys have offered their services pro bono, because he cannot meet that financial obligation.
]]> While multiple claims have been advanced in Rodman's defense, typically, the appropriate procedure in such circumstances is to file a petition to modify an existing court order before back payments spiral out of hand. By petitioning the family court for a modification as his health and financial status took a turn for the worst, Rodman possibly could have avoided serious consequences for failing to adhere to his responsibilities.Illinois child support, as with child support in any other state, is a legal requirement that is normally ordered by a court when a couple with minor children ends their relationship. When a parent does not make the required payments, they are likely in violation of an existing court order. Additionally, parents in this situation are reneging on their duty to benefit of their children and ex-spouses that may be in need of assistance to maintain financial stability. When an individual does not uphold their end of the bargain, as it appears to be the case with Rodman, there can be serious legal consequences that follow.
Source: Los Angeles Times, "Dennis Rodman 'broke,' 'extremely sick,' his attorney says," March 27, 2012
]]>The study, compiled by FindLaw.com and Westlaw, tracked divorce rates from 2008 to 2011 and found that while divorce rates spike in January, they continue to increase through February and into March. This is thought to be due to couples beginning to consider divorce in January, and eventually deciding that it is an appropriate time to part ways with their spouse. February, then, becomes the planning month when couples start searching for attorneys, collecting the necessary financial documents and otherwise preparing for their upcoming divorce filing. March, consequently, becomes the month of actual action in terms of couples finally filing for divorce.
]]> For some Illinois couples, divorce is the best option for a wide-variety of reasons. As this study seems to indicate, taking time to properly prepare for divorce proceedings can help make the process of untying the knot move forward rather smoothly. No matter the time of year, Illinois couples who are looking into divorce may want to consider how they want to proceed with their divorce so as to make it as uncomplicated and relatively free of acrimony as possible for everyone who is involved. At the same time, a lot of the time spent preparing for divorce can be minimized when couples decide to sign a prenuptial agreement. This way, when couples make the critical decision to get divorced, they are in a position to part ways with few settlement disputes and emerge in a mutually agreeable fashion.Source: The Huffington Post, "'Divorce Month': Why Divorce Filings Surge In March," March 22, 2012
]]>A recent study by the national Centers for Disease Control and Prevention reveals that couples who are engaged and living together are just as likely to remain married fifteen years later as those who don't live together before marriage. However, those couples who are not engaged and are living together are found to be less likely to stay married for 15 years than those who do not cohabitate before their wedding day. This is believed to be a reflection of changing societal expectations for long-term couples. Furthermore, living together before getting marriage may serve as a trial period to confirm that a couple is indeed compatible.
]]> In many circumstances, a couple may not be as suited for long-term commitment as they once believed. The process of divorce, especially when child custody and child support are included in settlement negotiations, can be understandably stressful and difficult for couples in Illinois. Nevertheless, there are ways to mitigate the strain associated with marriage. One way couples can plan for whatever may come is by crafting a prenuptial agreement. This is a way to determine how couples will settle their divorce, should they decide to part ways down the road. By following the terms of a prenuptial agreement, a couple can work toward achieving a new beginning.Source: The Daily News Journal, "CDC: Moving in before marriage no longer predicts divorce," March 23, 2012
]]>The couple originally was placed on a waiting list for donor eggs for in vitro fertilization many years ago when they were still married and found they were unable to conceive a child on their own. They sought a divorce years later, with no eggs available at that time. However, eggs became available some time after the couple's divorce. The mother, still wanting to have children, obtained her ex-husbands permission to use his sperm in the fertilization process. The ex-husband claims he was told that his ex-wife would not support his bid for citizenship and he would not be responsible for the kids, if he complied with her wishes.
]]> It was recently ruled that the father must pay child support for the twins conceived because he gave his ex-wife permission to continue with the in-vitro fertilization with the use of his sperm. The court determined that his decision resulted in the creation of a child, and as such, he has the same parental responsibilities as a couple that was to go through this process while still married, or a couple that were to conceive naturally.While this reported case occurred in another state and the court's decision is not binding in Illinois, couples in our state who may be going through the process of in-vitro fertilization may benefit from understanding the legal ramifications of that decision. In circumstances where in-vitro fertilization becomes an option post-divorce, the parties involved may wish to comprehend the potential consequences and responsibilities related to child custody and child support that may go along with consenting to proceed with fertilization.
Source: Opposing Views, "Man Must Pay Child Support for Kids Conceived After Divorce," Mark Berman, March 7, 2012
]]>According to the survey, text messages are most commonly taken from phones to be used as evidence. These can reveal one parent insulting the other to their kids, shedding light on which parent is going to urge a more positive relationship between their child and their ex-spouse. Additionally, messages on smart phones may reveal more harmful things such as drug use, infidelities, misuse of money or hidden assets. Along with text messages, divorce attorneys may investigate social networking sites and e-mails -- all of which can be managed and accessed through most smart phones.
]]> Any communications recovered from a smart phone can be used in divorce court, because it is often considered written evidence. It's not uncommon for this admissible information to be used to leverage a more advantageous divorce settlement or child custody arrangement. Evidence gathered from a person's phone can turn an accusation into something much more concrete in an instant. Though smart phones can make life more convenient in many ways, they can also cause some trouble.Electronic communication, by nature, can be rash and carry a level of disregard. No one typically thinks that anyone but the person they're texting is going to see what they're saying; no one thinks that what they post "privately" on Facebook can come back to bite them. Lawyers advise their clients to avoid writing or texting anything you wouldn't want a judge or lawyer to see, so Illinois couples going through divorce or fighting to settle child custody or support ought to realize how their smart phones may be harming them.
Source: Kansas City Star, "Smartphones provide easy evidence for divorce lawyers," Mark Morris, March 8, 2012
]]>Nearly every state technically recognizes pets as property, but many courts are beginning to distinguish custody of pets as an issue closer to child custody than to property negotiations over land or other possessions. This is said to be due to the level of emotional attachment between a pet owner and their animal. Often, when there is no custody settlement, emotional or even physical harm can come to the owner and their pet if one half of the couple decides to give up the pets or euthanize them without the consent of the other party. Unlike in the past, people today have fewer reservations about fighting for custody of their pets.
]]> Divorce involves a number of issues regarding settlement of assets, property and child custody, but now custody over shared pets can be included among those items. Of the 1,600 members of the American Academy of Matrimonial Lawyers, a quarter of the respondents to a 2006 survey indicated that the number of divorce settlements involving custody of pets had noticeably increased. Today, six years later, they seem to have become even more prominent.Illinois residents involved in divorce settlements involving shared pets may need to confront the best approach to settle future ownership over their pets. Making the settlement process as simple and free from emotional pain as possible is in the best interests of the animals, as well as all members of the family. After all, many people consider their pets to be an important part of their family.
Source: The Washington Post, "Child May Have An Edge When Custody Of Dog Is At Stake, But Who Gets Dog When It Is The Child?," Feb. 28, 2012
]]>Many parents in Illinois may know of the often seemingly complicated process involved in custody agreements. In child custody agreements, there are two areas of custody: physical custody and legal custody. Physical custody determines which of the parents the child will live with the majority of the time. In the case of the Grammers, the children will reside full-time with Camille, but Kelsey is entitled to "meaningful" visitation, the exact terms of which were not been disclosed.
]]> Legal custody involves which parent has final decision over such aspects as health care, education, and religion for the children in question. In the example of Kelsey and Camille, it appears both parents will have full input on these aspects. When parents are not able to agree on specific matters, sometimes they find that a mediator may be able to help them reach common ground.Child custody settlements are not only difficult for the parents involved, but often for the children as well. However, Illinois parents should be aware of how straight-forward this process can be. In order to arrive at these settlements with as little bitterness and complication as possible, it is beneficial for parents to be well-informed of the relevant laws and procedures as applied to their circumstances. Many couples may benefit from the services of someone who is able to focus their discussions so that they may arrive at the conclusions that not only benefit the parents, but best benefit the children as well.
Source: New York Daily News, "Kelsey Grammer, Camille Grammer settle bitter custody battle over their two children," Nancy Dillon, Feb. 28, 2012
]]>The Supreme Court has not addressed issues of grandparents' rights since 2000, and it will not be doing so this year. A couple sought legal visitation rights for their two granddaughters, after being denied by lower courts. Several years ago, the grandparents had a close relationship with their grandchildren, but a family business dispute with the girls' father drove the family apart.
]]> The grandparents' claims have been denied because they have not able to argue that there is a "compelling circumstance" that would necessitate court-ordered visitation time. Their home state is one of 18 that require such conditions for grandparents to be granted rights. Other states have more lenient laws governing visitation.The Supreme Court's decision to refuse the case was the third time the grandparents have been denied the ability to visit the two girls. Officials from the high court did not indicate why they rejected this particular case. The 2000 Supreme Court ruling regarding grandparents' rights struck down a Washington state law that gave grandparents significant rights to achieve court-ordered visitation time, even if the children's parents objected.
Visitation cases, such as this one, can be very emotional. It's unfortunate that a disagreement escalated to this point and drove the family even further apart. When a sensitive dispute arises, it is important to try to settle the issue in an amicable fashion. Parents should work with other family members to forge a visitation arrangement that is sensitive to the welfare of their children.
Source: The Chicago Tribune, "US top court won't hear grandparents visitation case," James Vicini, Feb. 21, 2012
]]>One Illinois man is finding a way to keep a healthy relationship with his two daughters after his 16 year marriage ended last year. He was been awarded joint custody of his daughters, who stay with him on weekends. In joint custody arrangements neither parent gets to spend all their time with the kids, so it is important to maintain communication as a much as possible. That way, the parent-child relationship remains strong even when children are not with one of their parents.
]]> In joint custody agreements is that ex-spouses often maintain contact. Though divorced parents might have irreconcilable differences, it is important for ex-spouses to keep their interactions civil. According to one family law professional, being cruel to your ex "doesn't hurt anybody but your kids." Though it may be difficult to be cordial at all times, remember that you are maintaining contact with your spouse for your child's welfare.Divorce is often toughest on children, so it is vital to make sure they feel loved by both of their parents whenever possible. Having supportive parents allows children to heal more quickly. Additionally, maintaining a cordial relationship with your ex-spouse shows your children that your former spouse is not a terrible person, which is important in joint custody arrangements.
The truth is that children are best served when they have a healthy, open relationship with both of their parents after a divorce. In fact, parents and children benefit from a solid relationship. Though mothers are often granted majority custody over fathers, a child's dad has an important part to play in their life as well. Knowing that, both parents should do their best to make sure their kids grow to be well-adjusted adults.
Source: Northwest Herald, "Divorced dads find success with post-marriage parenting," Chris Cashman, Feb. 12, 2012
]]>Over the last decade or so, best actress winners have filed for divorce within a short period of receiving their awards, including Gwyneth Paltrow, Hilary Swank, Kate Winslet and Sandra Bullock. Furthermore, a study conducted by Carnegie Mellon University suggests this pattern may stretch much further back than the last decade.
]]> One interesting finding to emerge from the study is that those who won best actor did not see a similar change in their relationships. Some suggest that this may be due to unfortunate, age-old gender norms for men and women. Based on this theory, when women earn more or become more successful than their husbands, their marriage can become stressed.However, women can take measures to guard themselves against a stressful divorce in the wake of a successful career move. By creating a prenuptial or postnuptial agreement, spouses can arrange the terms of their divorce in the event that things fall apart. The best thing any savvy businessperson can do is be prepared for anything that might happen over the course of a relationship.
Spouses that find success in their professional lives should not have to worry about potential headaches from divorce proceedings. With professional guidance, individuals can take steps to ensure that a divorce goes smoothly and a more equitable settlement is reached.
Source: Forbes, "Why Do Successful Women Fall Victim to the Oscar Love Curse?" Jeff Landers, Feb. 1, 2012
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