Recent Blog Posts
Dealing with Financial Infidelity in a Marriage
To most people in a committed relationship, infidelity by one partner can be a deal breaker. If they are married, a couple must decide to try and overcome the actions of an unfaithful spouse or face the possibility of divorce. When cheating is physical or sexual, emotions between the partners can range from sadness and hurt to jealousy and anger. Many married individuals who would never cheat, however, do keep secrets from their spouse and deceive their partner financially. While it may not seem to be as serious as cheating, a recent survey found that more than half of all adults consider financial honesty as important as monogamy.
Financial infidelity can occur when, despite a couple sharing the household finances, one partner decides to hide some of their own financial decisions or history. The National Endowment for Financial Education (NEFE) funded a Harris Poll in early 2014 which estimated one in three adults have hidden a purchase, account, statement, or income from their partner. Additionally, more than ten percent have 'committed more severe deceptions,' including lying to their partner about amount or nature of their income or debt. 'The survey also found that when it occurs, financial infidelity often has an impact on the relationship.
The Basics of Paternity in Illinois
A middle-aged host opens the envelope, reads the results, pauses for effect, and then confidently declares, 'You are NOT the father!' 'The audience cheers or groans; the mother theatrically celebrates or crumples. Although it has become a television clich', most people will never ask a daytime talk-show for DNA testing to verify their relationship to their children. Thousands of children are born to unmarried parents each year, and in most cases, the child's father establishes paternity quite easily.
While genetic testing can prove (or at least provide an overwhelming statistical likelihood) that a particular man is a child's biological father, the test alone does not make the man the legal father. When a child is born to unmarried parents in Illinois, legal paternity can be established in one of three ways:
Can Teenage Depression Still Affect Us Years Later?
Are the lasting effects from teenage depression or anger affecting your marriage decades later?
A 25 year Canadian study has determined that untreated anger or depression we experience as young adults can still affect our romantic relationships years later. Titled Depression and Anger Across 25 Years: Changing Vulnerabilities in the VSA Model, the study was recently published in the Journal of Family Psychology.
Researchers at the University of Alberta began the study in 1985. There were 178 women and 163 men who participated in the study. They were surveyed during what researchers considered the adult transitional years of 18 to 25 years old. They were then surveyed at 32 years of age to find out what their perception of their own stress levels were. At the age of 43, they were surveyed to find out what the quality of their intimate relationships was.
The Issues with Do-it-Yourself Divorce
Someone going through a'divorce may be tempted by the many online do-it-yourself divorces that, for a small fee, provide forms for people to fill out and file with their local family court. These sites tout the ease of their services, with the caveat of saving the cost of an attorney.
But many people who have used these services discover that the long-term price of a'do-it-yourself divorce is much more costly than what an attorney would have cost, even in simple, uncontested divorces.
One of the most common mistakes people run into concerns the forms from the online sites. People often have to redo the paperwork because the forms provided are outdated or there may be issues with the formatting. Each state, including Illinois, has'Codes of Civil Procedure that must be followed when filing divorce motions. Failure to follow those rules, which happens often with generic online paperwork, will result in a rejection of the motion by the clerk of courts.
Civil Union Dissolution in Illinois: The Basics
Though in several other legal senses a civil union is not as complicated or as involved as a marriage, dissolving a civil union can be just as difficult and trying on all parties involved. According to the Illinois General Assembly, persons who enter into a civil union have the same 'obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses. In the event of divorce, this means that all persons are held to the same responsibilities of divorcing spouses, including distribution of property, setting up an arrangement for shared childcare (if applicable), and the separation of shared financial responsibilities.
The law regarding civil unions in Illinois was changed in 2011, according to the Illinois Bar Journal. That year, the Illinois Religious Freedom Protection and Civil Union Act was passed in an attempt, by and large, to ensure some of the same protections afforded heterosexual couples to homosexual couples as well. Not all couples who opt for a civil union instead of a traditional marriage are same-gender couples, however'and a civil union must be formally dissolved before either party in the civil union can be married or enter into another civil union.
Why Men Should Stay In Marital Home During Divorce
Men and women face different challenges during marriage, as during divorce. Marital dissolution should not be approached the same by both sexes, and both partners definitely will need their own divorce attorney. Not only can a divorce attorney help to identify the specific and individualized issues you are facing in a divorce, he can also help you recognize crucial steps to take (and not take) to get the most from it.
According to the Huffington Post, one major mistake that men make far more often than women during divorce is to move out of the family home. Women, especially but not exclusively if children are involved, are more likely to stay in the family home post-divorce. This means that the man (or father) is more likely to leave. According to the Huffington Post, this is not advisable until the divorce has been settled. This is because the wife can later claim in court that her soon-to-be ex-husband 'abandoned the family' by leaving the marital home, even if this is not the case.
Same Sex Marriage Now Legal in Illinois
Last month, a new law went into effect in Illinois - the legalizing of same sex marriages. This means that same sex couples have the same rights and privileges under The Illinois Marriage and Dissolution of Marriage Act that heterosexual couples do.
Some of these rights include:
- The right to marry;
- 'The right to make medical decisions for their spouse when the spouse is unable to do so.
- The right to inherit property from a spouse;
- The right to certain employment benefits - such as access to medical insurance, pension benefits and bereavement leave;
- The right to what is legally referred to as 'tenancy by the entirety,' meaning that the couple own a piece of property together as a single entity;
New Study Shows Divorce May Cause Obesity in Children
The International Obesity Task Force (IOTF) estimates that there are more than 300 million obese people in the world. The organization defines obesity as 'a BMI - 30 kg/m2, but can be further divided on the bases of the severity of the obesity. In the past 30 years the percentage of American children between the ages of 5 to 14 years old who are overweight has doubled, rising from 15 percent to 32 percent.
A'new study has found that there may be a link between'divorcing parents'and obesity in children. The study was done at the Norwegian Institute of Public Health and the University of Oslo.
Child Custody Rulings and Mediation in Illinois
One of the most complicated steps of divorce is figuring out what to do if you share children. Most parents opt for a shared parenting plan, providing both are healthy, capable, and free of legal trouble. One step many parents opt to take during divorce to help determine what to do with the kids is to schedule child custody mediation. In Illinois, child custody hearings are governed by the Illinois Marriage and Dissolution of Marriage Act and the Uniform Child Custody Jurisdiction and Enforcement Act, among others. According to a publication of the State of Illinois, trial courts 'have a special responsibility in cases involving the care and custody of children. This responsibility is carried out in court determinations that seek a resolution in the best interest of the child.
Lifestyle Clauses Becoming More Popular in Prenuptial Agreements
When most people hear the word prenuptial agreement, they typically think of it as an agreement about assets and how those assets will be divided if the marriage breaks up. The topics covered in a prenuptial agreement are usually pretty standard.
Any real estate the couple owned independently before marriage is usually decided in a prenup. It's especially important if the property is to be the marital home.
Ownership of a business is another issue that is usually covered. Otherwise, if one spouse owned a business before the marriage, a divorce would give the other spouse an opportunity to claim a percentage as part of the settlement.
Bank accounts, retirement accounts, personal property, such as antiques or other big-ticket items should also be included in a prenup. Prenuptial agreements can also spell out whether or not alimony will be paid in the event the marriage does not work out.
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