Posted on August 28, 2014 in Kane County family law attorney

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 People often have to redo the paperwork because the forms provided are outdated or there may be issues with the formatting.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.

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 Posted on August 14, 2014 in Kane County family law attorney

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.

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 Posted on July 31, 2014 in Illinois divorce lawyer

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.

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 Posted on July 16, 2014 in Kane County family law attorney

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;
• The right to'divorce.

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 Posted on June 30, 2014 in Kane County family law attorney

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.

Researchers studied the health data from 3166 third grade students from 127 schools in Norway. The gender breakdown of the students was 1537 girls and 1629 boys.

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 Posted on June 17, 2014 in Illinois divorce lawyer

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.

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 Posted on May 31, 2014 in Kane County family law attorney

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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 Posted on May 15, 2014 in Kane County family law attorney

Divorce is not an easy process. Even if you have only been married a short time, dissolving a union can be as difficult financially and socially as it is emotionally. Having a knowledgeable divorce attorney in your corner can help to ease the difficult process'and it is imperative that you begin working with the attorney as soon as you begin to consider getting divorced or as soon as you hear your spouse is. There are also several other things you can do, according to The Huffington Post, to make the divorce easier.

The first, according to The Huffington Post, is to realize that your marriage is a 'sunk cost. In economic terms, a sunk cost is a failed investment that cannot, under any circumstances, be salvaged. Human nature is apt to want to fix or solve things, rather than let them go, which is why, The Huffington Post notes, we may spend thousands of dollars attempting to fix a lemon of a car rather than giving up and trading it in. Recognizing that your marriage is over can help you save you time and money, and help you to emotionally move on.

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 Posted on April 30, 2014 in Child support

According to the U.S. Department of Agriculture, it will cost $241,080 to raise and provide for a child until he or she is 18 years old. However, this does not include college tuition - which could almost double the amount.

The most expensive items in'raising a child include housing, as well as child care and food expenses. In fact, child care and education expenses account for nearly twenty percent of child raising costs.'The USDA also notes that more and more families have both parents working - something that used to be a luxury but is now a necessity.

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 Posted on April 15, 2014 in Kane County family law attorney

According to The New York Times, men and women who are married have sex an average of 58 times a year, just over more than once a week. These statistics, of course, are varied''married people under 30 have sex about 111 times a year.

And it's estimated that about 15 percent of married couples have not had sex with their spouse in the last six months to one year,' reports the Times. Despite these numbers, a common phenomenon in marriage is the waning of sexual interest in one's partner. This can often lead to a sexless marriage'which in turn can lead to divorce.

A sexless marriage is not one in which the couple is merely not being consistently intimate, but rather one in which repeated sexual advances are ignored and the couple experiences a long period without any intimate activity at all.

'It is called either alienation of affection or constructive abandonment,' reports The ExperienceProject.com. If a spouse is withholding sex, or using it as a weapon, this is immediate grounds for divorce. Marriage, as set forth in legal precedent, implies that there will be sex'to withhold this is considered a divorceable offense.

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