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Kathryn L. Harry & Associates, P.C.
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Recent Blog Posts

Divorced Couples Rarely Get Back Together

 Posted on November 10, 2012 in Divorce

Divorced couples rarely remarry the same person again, according to a recent article in the Chicago Tribune. Professor emeritus Nancy Kalish from California State University conducted a study which consisted of 1,001 reunited couples from around the world. Only about 6 percent of the couples mentioned they married, divorced and remarried the same person. However, 72 percent of reunited couples stayed together, especially if their separation had happened at a young age.

One reunited couple, Jim and Danielle Dolente, got a divorce after Jim cheated on his wife. Despite the divorce, they never stopped caring for each other, and even though they had new relationships they wanted to get back together. Jim Dolente admits that he should not have cheated on Danielle, but nowadays the couple agrees that his affair was actually just a symptom of other problems. "If people want to remarry, it's important to be aware of what the issues were and be in a better place to deal with them," Jim said.

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Avoiding the Financial Pitfalls of Divorce

 Posted on November 07, 2012 in Division of Property

According to a recent ABC-13 News story, the financial fallout that people tend to experience after a divorce can be absolutely devastating, particularly for women, who often have lower-paying jobs, fewer resources, and diminished earning capacities due to part-time or no work for a number of years. By following a few simple tips, however, both women and men can take steps before divorce becomes a reality in order to protect themselves from financial disaster.

First, both spouses should have access to financial information, such as bank account numbers and debt statements, before divorce is ever filed. Obtaining this information following a divorce can be difficult, if not impossible, and discovery of this information often makes for some nasty surprises when you find out that your soon-to-be-ex-spouse has been less than truthful with you about the family finances.

Next, you should be realistic about your financial situation when you do decide to divorce. The reality is that once you divorce, you most likely will be unable to maintain the same standard of living that you enjoyed prior to your divorce. Therefore, if you are facing a divorce, you will have to make a budget and alter your lifestyle to fall within the constraints of that budget. Whether this means downsizing your home, moving from part-time to full-time work, or cutting unnecessary expenses, you should take clear and definite steps to avoid emotional overspending during a stressful time in your life and focus on living within your means.

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Half of Marriages End in Divorce?

 Posted on October 31, 2012 in Division of Property

The commonly accepted statistic that half of all American marriages end in divorce might be "divorced from reality," according to Time magazine. Jennifer Baker, director of the marriage and family therapy programs at Forest Institute, a postgraduate psychology school in Springfield, Mo., told Time that the statistic was "murky." This is because "not all states collect marital data, and the numbers change dramatically depending on the methods and sources that are used." Divorce rates are directly influenced by marriage trends, and throughout recent decades the marrying age has increased, one contributing factor to a recent drop in the divorce rate. Another is whether either or both members of the couple have a college degree.

Marrying age has always been an important factor in the success of a marriage. Time quotes a University of Pennsylvania Wharton School study from the 1980s, which reported that 81 percent of college graduates who were 26 or older when married were still married 20 years later. "Only 65 percent of college grads who said I do before their 26th birthday made it that far."

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Rap Star Charged with Domestic Violence

 Posted on October 27, 2012 in Child Support

Flavor Flav of the hip hop group Public Enemy was arrested and charged with battery, domestic violence and assault with a deadly weapon on October 17. Las Vegas police received a call from the rapper's fiancée concerning a fight she had had with Flavor Flav, whose given name is William Drayton Jr. According to police, "the caller advised she had been involved in a physical
altercation with her fiance, who was identified as William Drayton." He had also threatened his fiancée's son with a knife.

The rapper could end up in prison for a maximum of six years if convicted of the assault charge, and in jail for six months if he is found guilty of battery domestic violence. Flavor Flav had already failed to pay child support to the mother earlier this year which almost landed him in jail; however, the dispute was resolved. In the 1990's, the rapper was treated for drug addiction. He also has had problems with the law many times before this incident, for example, on July he was arrested for possession of fireworks and disturbing the peace.

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When Spousal Maintenance becomes an Issue

 Posted on October 24, 2012 in Divorce

Spousal support is a major concern during the divorce process because most marriages have very defined roles for the husband a wife. If one spouse was following a career path for 30 years while the other has been managing the household, then it is safe to assume that the earning power for each individual is going to be different. The state of Illinois takes special care to make sure both spouses can live life to the standards that they are accustomed to after going through a divorce.

There are three types of alimony or spousal maintenance that can be awarded in divorce court. The first is permanent support which is until death or until the paid party is remarried. This can be the case if the marriage lasted a long time or the spouse is disabled or past the age to be earning their own wage. There is also a type of support which is temporary. It is awarded if a spouse is going to experience a financial hardship due to the divorce until they can recover. The last kind of support is rehabilitative concerning getting back into the workforce. This type of spousal maintenance goes towards higher education or job training which helps the divorced party become financially dependent.

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The Need for a Qualified Domestic Relations Order

 Posted on October 21, 2012 in Division of Property

Marriages between baby boomers have always been viewed as ideal relationships. These couples have been together for most of their adult lives and really show devotion for each other. Even though divorce rates for marriage couples have stabilized over the past several decades, they are on the rise among baby boomers. Divorce rates among couples over 50 have doubled in the last 20 years, according to a study by Bowling Green State University. The data also shows that during the 90s, fewer than one in 10 people who divorced were 50 or older. Two years ago, that divorce rate for baby boomers compared to others divorcing was one in four.

There are still lessons to be learned by baby boomers about marriage. Unfortunately, the lesson is concerning protecting yourself regarding retirement assets during a divorce. Most people do not know that when property is divided in Illinois that it is done according to factors like disparity of earning power, needs for future support and fault in the dissolution of marriage. This makes Illinois an equitable division of property state. So, regardless of who made contributions to a 401k plan, it could be allocated to either spouse.

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Mediated Divorce – An Alternative to Divorce Proceedings in the Courtroom

 Posted on October 18, 2012 in Divorce

One alternative to the litigated divorce is the mediated divorce. Mediation offers a neutral approach to handling your divorce and offers a more private, self-controlled, and usually more affordable means by which to handle your case.

In a mediated divorce, both parties usually work with a single, neutral, mediator. The mediator helps the parties reach an agreement. Mediated settlements are not imposed on parties by attorneys or judges, but rather are drafted by the parties themselves (the mediator does the typing, the parties dictate the language). In sum, you will not be handed a preformed, boilerplate, settlement that may be unacceptable – you will craft your own agreement in your own words. More important, because of the slower, more personable, more focused approach afforded by mediation, you will be able to address emotional and psychological issues that the court system simply cannot even begin to approach.

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Don’t Forget to Pay Your Child Support in Illinois

 Posted on October 15, 2012 in Child Support

Illinois employs a number of creative solutions to get deadbeat parents to pay up. According to the Illinois Department of Healthcare and Family Services, the State's child support enforcement laws brought in a record $1.38 billion during the fiscal year that ended June 30, 2009. Deadbeat dad laws in Illinois are meant for parents who are significantly delinquent in child support payments, and specific criteria determine who is eligible.

State and federal laws took effect in October 1998 requiring all Illinois employers to file a report within 20 days of hiring any new employee. Employers must submit information to the Illinois Department of Employment Security's New Hire Directory, including the new employee's name, address and social security number, and the company's name, address and Federal Employer Identification Number. This information is shared with the Federal Office of Child Support Enforcement.

Deadbeat dad laws in Illinois permit the state to deny or suspend a variety of licenses if the applicant owes past-due child support. For instance, the Illinois Secretary of State can deny, refuse to renew or suspend a deadbeat dad's driving privileges if he is at least 90 days behind in paying his child support. Similarly, the Illinois Department of Natural Resources can deny or refuse to renew hunting or fishing licenses if the applicant is a deadbeat dad. The Illinois Department of Professional Regulation can take action against any occupational licenses or certificates the person may hold, whether it is a license to practice medicine or abate asbestos.

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Camille Grammer Laughs to the Bank in Divorce Settlement with Kelsey Grammer

 Posted on October 12, 2012 in Divorce

Details of Camille's divorce settlement from actor Kelsey Grammer have emerged and it looks like the former "Real Housewives of Beverly Hills" star is cashing in. She will get roughly $30 million in the settlement, TMZ reported. Value of the assets in the marriage is around $60 million, including three homes which are currently on the market, making Camille's cut 50 percent.

TMZ asserts that the Beverly Hills native deserves the cash because when she first married Grammer in 1996 he was broke. "Pretty shocking, considering he had earned ‘Cheers' and ‘Frasier' money. But bad decisions and a drug problem nearly sent Kelsey to the poor house," the website reported. "We're told Camille righted the ship and managed the money to where they now have tens of millions to split."

Camille filed for divorce on July 1, 2010 after 13 years of marriage. She was in the midst of filming "RHOBH" when her relationship fell apart in front of the cameras. In August that year it was revealed that Kelsey had a new love, Kate. Kelsey and Kate got married in February 2011, just two weeks after his divorce from Camille was finalized. Kate, a former flight attendant, gave birth to a baby girl in July.

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New Study Shows Brides with Pre-Wedding Jitters More Likely to Divorce

 Posted on October 09, 2012 in Divorce

In a new study published in the American Psychological Association's "Journal of Family Psychology," researchers from the University of California, Los Angeles (UCLA), found that women who reported pre-wedding jitters were 2.5 times more likely to get divorced than those who did not experience cold feet before walking down the aisle. An article in the Christian Science Monitor reports that according to this UCLA study, while pre-wedding jitters are relatively common, they do have some indication as to the future success of the parties' marriage.

Furthermore, while more men (47%) than women tend to feel doubtful about an upcoming wedding, it was the women's pre-wedding jitters that had more bearing on the outcome of the marriage. Whereas 19% of women who reported pre-wedding jitters were divorced four years later, only 14% of men who felt nervous prior to the wedding ended up divorced in that same timeframe.

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