Posted on July 21,2016 in Division of Assets

Property division is an important aspect of divorce. When a married couple decides to separate, they must reach an agreement on how their assets will be divided. Many people believe that in every divorce case, assets are divided 50/50 and half of the total marital assets are given to each party. This, however, is a common misconception. In a few states - Louisiana, Idaho, and California, for example, marital property is divided evenly down the middle and distributed to each party. In Illinois, however, and the majority of other American states, marital property is divided fairly and equitably, but not always equally. This means that in some cases, one spouse may end up receiving a larger amount of marital property, depending on the circumstances of the divorce. If property is not divided evenly, how does the division process work?

Many Factors

Under Illinois law, if a couple is unable to reach a property division agreement themselves, the division will fall to a judge. Once in court, the judge will review the unique circumstances of the divorce case, and decide from there how to equitably divide the couple’s marital property. This decision is impacted by a number of factors. These include:

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 Posted on July 19,2016 in Divorce

Divorce can be tough, both on your emotions and your wallet. Even amicable splits can leave people hurting financially, so it is important that those with a divorce in the future take steps to protect themselves. Seemingly minor actions like monitoring your credit score and opening up a new bank account can help you land on your feet post divorce. It is a good idea to review a few key actions you can take to protect your finances both during and after your divorce.

Gather Information

The first step in protecting your finances, and a very important one, is gathering all of your important financial information. Specialists recommend digging out documents covering the past five years - items like pay stubs, tax returns, bank account statements, and property information. These will all come in handy when it comes time to start negotiating with your soon to be ex. For those in need of extra protection, consider making copies of all of your important documents and store them outside of your home. A trusted friend or family member can hold on to them for you, or a private deposit box works as well. Just ensure that all of your important documents will be available when it comes time to discuss them.

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 Posted on July 12,2016 in Divorce

Will robots one day replace divorce attorneys? It is not likely, as many couples have complicated divorces that require the help of knowledgeable divorce lawyers, but new tools to help settle disputes and even help couples with divorce are popping up all over Europe and Canada. How do these tools work? Can couples really navigate divorce using only an online tool? Will these types of programs rise in popularity in America too? Here, we explore the rising trend of online dispute resolution technology.

Settling Disputes

The online auction site eBay has long been an example of a successful online conflict resolution system. The system allows eBay buyers and sellers to settle any disputes they have through an automated system, which leads users through a series of questions and explanations that guide the users towards a settlement. Annually, 60 million disputes are handled each year by eBay’s automated system, and while real human help is available for cases that are more difficult to resolve, a majority of eBay’s annual disputes are handled without human adjudicators.

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 Posted on July 07,2016 in Child Custody

Modern parenting is quite different from the parenting of past generations. Many of today’s parents are in co-parenting arrangements, meaning they are either divorced or separated but both maintain responsibility for their child. Parenting with an ex does have it’s unique challenges, but co-parenting arrangements are often the most ideal outcome of divorce for the children involved, as maintaining a healthy relationship with both parents is vital to a child’s well-being. There are many factors that contribute to a successful co-parenting relationship. Both parents must be willing to set aside their differences, communicate well, and agree to focus solely on the needs of their child. If you are a co-parent, or are about to start co-parenting, pay attention to these three factors that are essential to any healthy co-parenting arrangement.

Avoid Conflict

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 Posted on July 05,2016 in Divorce

Did you know that in the United States divorce laws vary state by state? State, rather than federal, laws regulate divorce, meaning that divorce processes and procedures may be different in individual states. Of course, much of the process remains the same no matter where you live, but there are a few components of divorce that change depending on the state in which you file. Here are a few common divorce considerations that can vary from state to state.

Before You Can File

People often believe they are required to get divorced in the state where they were married. While that is not true, many states do have residency requirements in place, meaning that you are required to live in that state for a set time period before you will be eligible for divorce. States such as Alaska and Iowa have no set residency requirement, meaning a couple can divorce there at any time. Other states, like Rhode Island and New Jersey, have wait times of a year or more. Illinois requires a 90-day residency period before allowing divorces. Be sure to review the residency requirement in your state. If you do not meet the residency requirements in the state you are currently in, you can either focus on saving your marriage if possible, plan to proceed with the divorce after the period has ended, have your spouse file if they do meet the requirement, or find another state that requires less time to file.

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 Posted on June 30,2016 in Mediation and Collaborative Law

Once you and your spouse agree to a mediated divorce, the next step is finding the right mediator to handle your case. Choosing a great mediator is important. This is the person you will be working through very personal, complex matters with. You will discuss financial and legal issues, communicate your feelings and thoughts, plan for the future of any children you may have, and more, all while a mediator helps guide you through the process. You need a mediator you can trust, who has experience, and one you can rely on to help you and your spouse make sound decisions. When searching for the right mediator, here are four tips to keep in mind:

Education

Any mediator you choose to work with should be highly qualified. This means they should have significant education in mediation and dispute resolution, and have continued training and learning throughout their career. Ask any potential candidates how much education they have received. Do they have an advanced degree in conflict resolution? Or any certifications? A legal background is also beneficial, as the mediator you choose with also be providing you and your spouse with legal information throughout the process. If you get any sense that a mediator in question is not educated enough to properly handle your mediation, look elsewhere. You need to have full faith that your mediator knows how to properly handle your case.

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 Posted on June 29,2016 in Divorce

Divorce is a mentally, financially, and emotionally complicated process for all involved. However, there are studies that suggest women may bounce back faster from divorce. Gender roles, social influence, and feelings about independence are all thought to be factors in their resiliency, but the extent of their impact is unclear. Further, there may be other, unknown contributing factors. Whatever the reasons, it would appear that women have more to gain from divorce, at least on the happiness front.

Women Have Fewer Regrets

Although both parties play a role in both the dissolution of a marriage, a national study found that 73 percent of women have no regrets about ending an unhappy marriage. This was compared to just 61 percent of men with no regrets. Women were also found to value happiness, success, and even loneliness over the idea of staying in a marriage that made them miserable. In contrast, only a little more than half of all men (58 percent) reported similar feelings. Furthermore, women were said to be less afraid of independence than men.

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 Posted on June 29,2016 in Mediation and Collaborative Law

Divorce is almost always a complex process, but not every couple wishes to spend their days feuding. Some simply know that divorce is the right step to make and, in order to preserve the memory of their marriage, or to give one another the chance to start anew, they desire a way to complete the process as quickly and as amicably as possible. For these couples, divorce mediation may be a viable option. But is it really right for your divorce? The following points may help you decide.

Why Choose Mediation?

Before determining if mediation is right for your divorce, it is first important to understand what mediation is, and what it is not. Often less expensive and time-intensive than traditional divorce, mediation allows couples to dissolve their marriage in a more peaceable manner. You do not lose your voice, or your decision-making power in this process. In fact, if anything, mediation usually encourages quite the opposite. You and your soon-to-be ex-spouse must be willing to communicate in an effective manner, one that allows you to make equitable divorce decisions. Mediators, who remain an impartial party in the process, can help you consider and understand the factors in your divorce, as well as how the decisions you make may affect your family's life in the future. However, it is up to you and your ex to make the final call in your divorce.

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 Posted on June 21,2016 in Divorce

Unless you have been through a divorce already, anticipating what the process could be like is difficult. Most people do not have experience with the legal system, meaning that divorce is often their first foray into the legal world. This lack of knowledge can make deciding whether to divorce or not difficult. Friends, family members, and other acquaintances may offer you information or advice on the divorce process, but there is a likelihood that some of what they tell you is wrong. Myths about divorce can be damaging. They can lead people to making unwise decisions, or taking actions that they may regret. Instead of taking the advice of friends and family, it is always beneficial to consult with an experienced divorce attorney. A qualified attorney can review your case, fill you in on how the process works, and respond to your questions, and help bust the many myths about divorce. In the meantime, here are a few common divorce myths and the truth behind them.

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 Posted on June 16,2016 in Divorce

A recent survey asked divorcees over 50 years old two simple questions. What is the best aspect of being divorced over 50, and what is the worst aspect? Most respondents said the best aspect of their gray divorce was the freedom it provided them. On the other hand, a majority of responders said loneliness, or the fear of loneliness, was the biggest negative factor. Loneliness is a big factor in anyone’s decision to divorce. Most people do not plan on ending their marriage, but for those over 50, moving on post-divorce can be especially difficult. Based on the survey’s results, it is reasonable to assume that some older individuals are choosing to stay in unhappy marriages out of the fear of being lonely. This, however, is often a mistake. Instead, here are three steps to guide you through handling and eventually defeating loneliness as a gray divorcee.

Survive

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