Posted on October 05, 2022 in Divorce

When a marriage is irretrievably broken, a spouse may commit the act of dissipation of assets by purposely squandering marital money or destroying marital property out of malice or spite. During a divorce, a spouse may recover all or some of these assets through a dissipation of assets claim. Each party’s lawyer typically inspects any expenditure that could be deemed wasteful. A common form of dissipation of assets includes willfully paying for unnecessary shopping sprees with marital money. A divorce attorney proficient in dissipation of assets and the equitable division of property can strategize and advocate for a party’s claim, or alternately, strategize and advocate for the defense of the accused.

Common Types of Asset Dissipation

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 Posted on September 23, 2022 in Domestic Violence

Domestic violence comes in many forms and wreaks havoc on families and society as a whole. Indiscriminate and affecting individuals of all races and socioeconomic backgrounds, those afflicted by domestic violence can suffer life-lasting repercussions, like post-traumatic stress disorder, anxiety, or depression. In the United States, a woman is abused every nine seconds. One in three women and one in seven men have suffered from domestic violence. Consequent to shame and fear, occurrences of domestic violence are undoubtedly underreported; therefore, the real statics may be much higher.

Domestic violence usually entails unequal power dynamics where one attempts to control the other through various methods. Far too often, survivors blame themselves rather than the abusing offender. A family law attorney can help issue an order of protection, which can help secure the safety and wellbeing of the abused.

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 Posted on September 19, 2022 in Divorce

According to Petpedia.co, 85 million American families, or 67 percent of households, have at least one pet. Family pets provide immense emotional, mental, and physical benefits to their owners. A Human Animal Bond Research Institute (HABRI) survey affirms that 79 percent of pet owners believe their pets alleviate stress. Pets may also help reduce depression, anxiety, and cardiovascular disease. A 2019 study discovered dog ownership could minimize the risk of the owner's death by 24 percent. Suffice it to say, pets are endeared by most and often treated like family members.

Determining ownership of a pet during divorce can be as complex, harrowing, and contentious as enduring a child custody battle. A divorce attorney can help untangle the conflicts associated with pet ownership disputes during divorce.

Illinois Law Regarding Pet Ownership

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 Posted on September 07, 2022 in Spousal Maintenance

When a DuPage County court awards a spouse spousal maintenance, formerly known as alimony, the amount and length of the maintenance are usually determined through the use of statutory guidelines. The court has the discretion to deviate from Illinois statutory guidelines since it evaluates divorce on a case-by-case basis. After assessing marital property, a divorce attorney can determine and advocate for the appropriate type and amount of maintenance. There are five types of spousal maintenance in Illinois.

Five Types of Spousal Maintenance

A legal formula of the statutory guidelines calculates the amount of maintenance by subtracting 25 percent of the payee's net income from 33.33 percent of the payor's. The maintenance awarded cannot exceed 40 percent of the spouses' combined income. The duration of the maintenance is determined by the length of the marriage multiplied by a specific percentage. For instance, maintenance is awarded at 40 percent of the length of a 10-year marriage, equating to 4 years. At 24 percent of a 5-year marriage, maintenance is calculated at 14 months. The five types of maintenance include the following.

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 Posted on September 02, 2022 in Child Support

Parents raising a special needs child can be fraught with an entirely different set of challenges than raising a child who does not require the extra medical and therapeutic care that special needs children may require. What constitutes a child with special needs varies and can include afflictions and conditions such as Attention-Deficit/Hyperactivity Disorder (ADHD), Autism Spectrum Disorder (AUD), and cerebral palsy (CP). Caring for a child afflicted with cognitive, behavioral, developmental, or physical problems and disabilities can be emotionally taxing and may encumber some parents with financial burdens.

Child support disputes between divorced parents of a child with special needs can easily arise for many reasons. In some instances, the obligee spouse, usually the non-contributing primary caregiver of the child, may need additional support for the child’s medical expenses. The obligee spouse may also rightfully feel that they cannot attain employment outside of the home because of their full-time job as the caregiver. The obligor, or breadwinner, on the other hand, may believe their ex-spouse is manipulating their child’s condition for financial gain. The court considers the best interest of the child to be paramount. A child support attorney adept at financial disputes between parents of a child with special needs can help facilitate a modification.

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 Posted on August 24, 2022 in Child Custody

The US Bureau of Census estimates that nearly 50 percent of marriages end in divorce, with the average marriage only lasting seven years. More than 75 percent of divorcees remarry, which explains how 1300 stepfamilies are created daily. According to a Pew Research Center survey, more than 40 percent of American adults have at minimum one step relative, either a stepparent, stepsibling, or stepchild. Adapting to the new circumstances of a parent’s remarriage can be a traumatizing upheaval for a child, especially if the stepparent is difficult or meddling. A biological parent is likely to be alarmed and nerve-racked knowing their child will be under the care of their former spouse’s new spouse, who could possibly mistreat the child. Blended families where both parents have children can also be confusing and chaotic to the child.

If the biological parent suspects the former spouse’s new spouse is harming the child’s wellbeing, parenting time could be revised. A family law attorney can help strategize post-decree modifications to a parenting plan.

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 Posted on August 17, 2022 in Divorce

Hiding assets during divorce proceedings is illegal yet quite common, especially when the divorce is contentious. Divorcing spouses must disclose all marital assets, including annual income and debt. Cheating an ex-spouse out of assets that are rightly due to them can occur in various forms. This kind of deception is prevalent among conventional and high-net-worth complex divorces and predominately affects non-contributing spouses. A divorce attorney adept at hidden assets and asset tracing can strategize to help secure a fair settlement.

Ten Common Ways a Spouse Can Hide Assets

According to a National Endowment for Financial Education survey, 58 percent of those surveyed admitted that they had hidden money from their spouse, and 34 percent admitted to lying to their spouse about finances and debt. Hiding minor purchases from a spouse accounted for 54 percent of those surveyed, while 84 percent admitted to hiding financial statements or bills from their spouse. Hiding assets can be easily accomplished and can include the following.

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 Posted on August 11, 2022 in Divorce

Late-in-life divorce, or divorce after 50 years of age, has doubled since 1990, with researchers forecasting the rate will triple by 2030. Also known as “gray divorce,” a term conceived by the American Association of Retired Persons, late-in-life divorces are prevalent and account for one out of every four divorces nationwide. Spouses choose to divorce after decades of marriage for various reasons, ranging from developing disparate values to shifting retirement goals. A gray divorce can be complex and contentious due to the length of the marriage, familial obligations, or even disputes about retirement savings. A divorce attorney, adept at marital property division and complex finance, can help strategize a late-in-life divorce plan.

Six Common Reasons for Gray Divorces

1. Lifespan – Life expectancy in industrialized countries continues to increase. Longevity may embolden spouses to reconsider their future. With the possibility of leading a healthy life for another 25 years, divorce at 65 years of age after decades of marriage may not seem unreasonable.

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 Posted on August 02, 2022 in Divorce

Traditionally, women have changed their surname to that of their spouse and continue to do so. Some women opt to retain their maiden name after marriage, while others choose to hyphenate their surname with their husband’s surname. After divorce, many may wish to return to their maiden name. The option to change a surname can be included in the divorce decree, which automatically authorizes the name change. However, sometimes the terms to revert to a former name are not included in the final divorce decree either by oversight or intentionally.

Ex-spouses may initially wish to retain their married name for convenience or to continue sharing a surname with their children. They may then find themselves wanting to revert to their maiden name months or even years after the divorce. A divorce lawyer can help facilitate a name change in the divorce decree or long after the divorce is finalized.

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 Posted on July 28, 2022 in Child Custody

Preferred pronouns are intended to reflect a person's gender identity. Some individuals wish others to use their preferred third-person pronouns when speaking to or about them. The burgeoning prevalence of children and teens adopting preferred pronouns can sometimes be confusing and even controversial. Joint custody disputes regarding a child's wishes to be referred to with pronouns that do not correspond with the child's sex assigned at birth can be complex. Some parents may believe their child is going through a phase or identity crisis, while other parents choose to respect their child's wishes.

Linguistics aside, the best interest of the child is always at the forefront of the courts. A family lawyer can help guide disputing divorced parents to agreeable solutions that serve the child's happiness and good health.

Standard Pronouns and Gender-Neutral Pronouns

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