Posted on September 05, 2012 in Child Custody

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 Posted on September 02, 2012 in Divorce

Domestic violence, as defined by the US Office on Violence Against Women, is a "pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner." Domestic violence can be physical, sexual, emotional, economic, or psychological in nature. It can happen to anyone regardless of gender, age, religion, sexual orientation, race, or education level. Domestic violence occurs in all kinds of relationships and not only affects the victim of abuse, but also the victim's family and friends, co-workers, and the entire community.

Domestic violence is a severe crime and every effort should be made to end the violence as soon as possible. The consequences of domestic abuse are always serious; it can result in bodily injuries, mental trauma and sometimes even death. Children who are affected by domestic violence can have a multitude of social and physical problems and are at a risk of repeating the violent behavior they have witnessed.

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 Posted on August 30, 2012 in Division of Property

According to a recent Chicago Tribune article, second divorces may be even more costly than first divorces for Americans. In many cases, second divorces involve older parties who have accumulated significant assets and much to lose in a contested divorce. Furthermore, parties involved in a second divorce may still be facing the financial fallout of their first divorces in terms of child support obligations, alimony payments, and the division of assets. After a second divorce, a party may be left with little or no assets given his or her aggregate financial obligations. Simply put, the financial implications of a second divorce can be overwhelming, and even result in bankruptcy for one or more parties. As a result, parties may remain married for a lengthier amount of time just to avoid the financial devastation that is likely to follow.

Unfortunately, statistics show that if you have been divorced in the past, you are more likely to be divorced again. According to some sources, the probability of getting divorced in America is 50% for first marriages and as high as 67% for second marriages. Similarly, the National Center for Family and Marriage Research at Bowling Green State University of Ohio found that in 2010, the overall divorce rate was greater for second marriages than first marriages. Specifically, their study showed that the divorce rate was 17 out of 1,000 for first marriages and 24 out of 1,000 for second marriages.

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 Posted on August 27, 2012 in Division of Property

While the number of Americans who get divorced have continued to go up, the divorce rate has actually fallen in recent years. According to a 2011 dissertation by Harvard University student Dana Rotz, "American divorce rates rose from the 1950s to the 1970s, peaked around 1980, and have fallen ever since." This isn't, she argues, because Americans have learned to love and hold onto lasting relationships better today than in years past, but because, in part, the median age of marriage has increased. The sociological implications of getting married later lead to longer-lasting relationships.

According to the Huffington Post, the average age of newlyweds are getting older. "Trends show that people are waiting longer to get married. In 1960," the publication reports, "the average age of newlyweds was 23 years old; in 2009 it was 28." Pop Goes the Week editor Brian Balthazar told the Huffington Post that a good reason for this is that the generation getting married right now spent their childhood watching their parents or friends' parents go through nasty divorces. According to the Post, "being older generally means you're in a better financial situation, have more education under your belt, and are more mature."

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 Posted on August 24, 2012 in Child Custody

Hit TLC show Toddlers & Tiaras has swept the nation, with viewers mesmerized with families that spend seemingly all of their free time and large sums of money to put their daughters through pint-sized beauty pageants. What one mother didn't expect after appearing on the show, however, was to become involved in a custody battle based on her daughter's participation in such a pageant.

Lindsay Jackson has placed her daughter Maddy in pageants on a regular basis since the age of 13 months. Radar Online is reporting that after five-year-old Maddy appeared on an episode of Toddlers & Tiaras in a Dolly Parton outfit, complete with a fake chest and rear end, Maddy's estranged father, Bill Verst, has decided to seek full custody of the young girl. Verst is alleging that Maddy's mother is sexualizing and exploiting their daughter by allowing her to participate in pageants and wear such costumes. However, Jackson claims that Verst never objected to Maddy's participation in pageants until this particular episode of the show had aired.

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 Posted on August 22, 2012 in Division of Property

NFL All Star Chad Johnson wed former reality star, Evelyn Lozada on July 4^th, 2012. That event was to air as the premiere of the "Eve & Ocho" reality show on VH1. Both Johnson and Lozada are no strangers to reality TV and real-life drama. Johnson was prominently featured in two seasons of the HBO show "Hard Knocks," which is an in-depth look into NFL training camps as well as one season of Dancing with the Stars. Lozada was a star of the "Basketball Wives" when she was engaged to former NBA player Antoine Walker.

Lozada filed for divorce on Tuesday August 15^th marking the beginning of the end for their 41 day marriage. The events which caused that decision happened the prior weekend. The two were at a dinner on Saturday night where Lozada confronted Johnson about a receipt she found for condoms. They argued till they reached the driveway of their house. In the driveway, Lozada alleged that Johnson head-butted her. He ended up saying that she head-butted him during the argument.

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 Posted on August 18, 2012 in Divorce

A growing number of older men and women are refusing to get married and going into old age solo, according to The New York Times. "Over the past 20 years," according to the Times, "the divorce rate among baby boomers has surged by more than 50 percent, even as divorce rates over all have stabilized nationally." The same study, conducted by demographers at Bowling Green State University in Ohio, noted that more adults were remaining single across the board. About a third of Americans "ages 46 through 64 were divorced, separated, or had never been married in 2010, compared with 13 percent in 1970."

Elderly people without a spouse face increased challenges of aging, without an immediate, live-in loved one to care for them. Without a spouse, according to the Times, it could mean that federal and local governments will have to pick up the slack that a spouse could care for. "Unmarried baby boomers are five times more likely to live in poverty than their married counterparts," according to statistics in the Times.

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 Posted on August 15, 2012 in Child Custody

Joint custody is a type of custodial arrangement for children following a divorce action. However, joint custody does not necessarily mean that each parent has equal parenting time. Rather, the physical residence of the children at any given point in time is determined by the parties' agreement, or by a court order.

Essentially, parents can end up with joint custody in one of two ways. Pursuant to 750 ILCS 5/602.1, a court will first ask the parents to submit a joint parenting agreement that addresses each of their powers, rights, and responsibilities with respect to the personal care of their children, as well as major decisions about the children, such as those involving education, medical care, and religious upbringing. The parents may be able to reach this agreement on their own, through their attorneys, or through a mediation process. If you need the help of a knowledgeable family law attorney in Chicago when creating you family agreement, contact us!

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 Posted on August 13, 2012 in Child Custody

A recent article in the Huffington Post points out the need for divorced parents to set their own feelings for one another aside following a divorce, and focus on the needs and interests of their children, which involves open communication, consistency, and living up to the terms of your divorce agreement.

While many couples get divorced, those who share minor children still have to co-parent their children in most situations. In other words, you still have to make decisions about where your children go to school, where to get medical care, which activities children should choose, which parent will chauffeur the children where they need to be, who will provide child care if necessary, etc. In the vast majority of cases, you have two parents who still care about what their children are doing on a daily basis, and want to be involved in those decisions, even if they don't particularly like each other to the point that they have gotten divorced.

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 Posted on August 10, 2012 in Division of Property

While there is nothing romantic about looking toward divorce before you are even married, statistics show that it may very well be practical to do so. As per the U.S. Census Bureau, the reality is that about 10 percent of marriages fail within the first five years, and 25 percent of marriages don't last ten years. Therefore, it is not a bad idea to take some very basic measures in order to keep your finances in order in the event that your marriage doesn't work out.

A recent article in the Huffington Post recommends that you take three steps to protect yourself and your finances in case of a divorce down the road. First, you should always discuss the issues of debt and credit with your soon-to-be spouse prior to your wedding day. You need to find out about each other's spending habits, debts, credit, and financial responsibility levels. If, for instance, one spouse has excessive credit card debt that only seems to increase, then it could be a problem for the other spouse, who tries to avoid debt at all costs. Likewise, you should ensure that you maintain credit in your own names, even after your marriage, so that you can more easily qualify for credit if necessary following a divorce.

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