RSSApril, 2012 - Chicago Illinois Family Law Blog Archive
Understanding the Four Main Divorce Options
Every marriage is different and, likewise, the type of divorce that may work for one couple may not be possible for another. If you have been thinking about divorce, there are four main options for how you can proceed, according to an article in Forbes. Understanding what each of those options are and the pros and cons of each can help you decide what type of divorce will be the best for you.
The first option is do-it-yourself divorce. The bottom-line for DIY divorce is don’t do-it-yourself. Divorce is a complicated process and trying to get through that whole process by yourself can lead to irreversible mistakes. The only circumstances which would make DIY divorce beneficial are if it was a very short marriage, there are no children, little to no marital debt or assets which must be divided, no alimony, and comparable incomes.
Should You Get a Prenup?
A pre-nuptial agreement is a contract between spouses, which is entered into before the couple gets married. This contract often contemplates and determines the rights and responsibilities of each party in areas such as property division, maintenance, distribution of any assets, and other family law matters in the event of a divorce/separation. It may also address estate planning issues in the event that one of the spouses dies during the marriage. A pre-nuptial agreement cannot impact a child’s right to receive financial support, child custody or involve anything criminal. Pre-nups can eliminate legal gray areas and provide a couple with more security for their future. They are not for everyone, however.
There is a negative stigma surrounding pre-nuptial agreements, according to The Huffington Post. However, though formerly seen as a detriment to marriage and even an inducement to divorce, pre-nuptial agreements may actually strengthen a marriage. While pre-nuptial agreements recognize the possibility of divorce, it does not mean divorce is inevitable. Thinking of a pre-nup as legal protection for when you divorce is inaccurate and is not the point of a pre-nup. The point is to make sure your future is secure, no matter what happens. There’s nothing wrong with being prepared. There are a few factors to consider when determining whether you should get a pre-nup:
Tips for Building a Relationship with Your Grandchildren as Step-Grandparents
Remarrying can have a substantial impact on children after a divorce, but it is not just the step-parent and step-child dynamic that creates challenges for a new family. The step-grandparents also have obstacles to overcome while trying to build a strong relationship with their new step-grandchild or grandchildren. The grandparent-grandchild relationship is very special, but fitting into that role can be very difficult for a step-grandparent, according to The Huffington Post. The following tips can help a step-grandparent navigate the complicated waters of the step-grandparent – grandchild dynamic:
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- Recognize that establishing trust with a preteen or teenage step-grandchild may take longer, but that does not mean that you can’t achieve it;
- Send a card on birthdays and special occasions to show you care. Emailing or calling to say hello occasionally is also good, but don’t overdo it, especially with older step-grandchildren;
- Avoid overcompensating, as it can affect your relationship with biological grandchildren. Keep your treatment of each fair, but distinctive;
Jada Pinkett Smith Denies Ongoing Rumors of Marital Strife
Rumors that Will Smith and wife Jada Pinkett Smith were calling it quits have been circulating since the beginning of 2012. Celebrity couples often find themselves the subjects of constant media attention, but that doesn’t mean that the media always sees what is actually going on. In January, TMZ had reported that Will Smith and Jada Pinkett Smith were separated and living apart due to marital troubles spurred on by differing opinions on how to manage their kids’ careers. According to a recent People magazine article, however, this does not seem to have ever been the case.
In the article, Jada Pinkett Smith spoke out against the rumors of marital discord and impending divorce, claiming them to be “ridiculous.” She has no idea why the rumors started or why they won’t go away. At least one celebrity couple is placed under the marital microscope every year, and this year it seems to be the Smiths. Jada Pinkett Smith says the rumors are completely untrue. She and her husband travel a lot for work and so, naturally, end up spending quite a bit of time apart, but their commitment to each other has not changed and they have always lived together. The rumor that they were now living apart was just that, a rumor. The Smiths are fine and working on new projects with their kids.
Complaint Leads to Change in Lake County Civil Union Policy
Many out-of-state couples come to Illinois to enter into a civil union. However, each county clerk has control over their own county’s policies regarding out-of-state civil union applicants. Recently, a complaint from an Indiana couple who were denied a civil union license in Lake County has encouraged the clerk’s office to make a policy change, according to The Daily Herald.
The Indiana residents had traveled to Lake County, where one of the women’s fathers lived, to enter into and hold a ceremony for their civil union, but because Indiana does not legally recognize civil unions, their application was denied. According to the Illinois civil union law, which took effect in June 2011, out-of-state lesbian, gay, or straight couples are allowed to obtain civil union licenses and hold ceremonies in Illinois only if the county clerk is satisfied that the applicants’ home state does not prohibit civil unions. Some county clerk’s offices require that applicants sign affidavits affirming that such a union is not prohibited in their home state, while others have other procedures.
New Queen’s University Study Links Life Expectancy and Divorce
A recent study released by Queen’s University in Ontario, Canada, has established a correlation between life expectancy and the likelihood of divorce, according to The Huffington Post. The study’s author, a post-doctoral fellow in the math department of Queen’s University, states that “the actual life expectancy of a province or a health region can predict when men and women get married” and the rate at which they divorce.
The study focused on the relationship between life decisions and lifespan. During the research process, population statistics were compared with birth records, marriage certificates, and other court documents. In the U.S., Census data collected by Ohio’s Bowling Green State University identified that the baby boomer divorce rate has jumped more than 50 percent over the last 20 years, even though the national divorce rate has stabilized. This statistic is very telling and points to a tendency for people to not tolerate being unhappy in marriage as they live longer.
Rosaire Nottage of Family Law Firm Nottage and Ward Discusses Ways to Bounce Back after Divorce
Rosaire Nottage, a founding partner of the Chicago family law firm Nottage and Ward, is committed to helping Illinois residents with a wide range of family law matters, including divorce. But it isn’t just important to offer effective legal representation to divorcing individuals, but to provide them with the support and advice they need after divorce, which is where a particular Huffington Post article comes in.
Being happy again after divorce is, unfortunately, not an instantaneous process, even if you wanted the divorce and looked forward to when you would be single and on your own again. Divorce is a big change, especially if you were married for many years, and being single takes some getting used to, but there are ways to make sure that you can encourage the process along more quickly:
Common Mistakes Men Make in Child Custody Battles
Judges, as human beings, are susceptible to biases when it comes to child custody disputes, even if the concept that children are always better off with their mother has been disproved in many cases. Many courts may still operate under this stereotype, which makes it harder for a father to gain custody of his children. This is why making sure to not fall victim to common custody battle pitfalls is especially important. According to The Huffington Post, a father’s best chances to coming out on top in a custody dispute are in avoiding these five common mistakes:
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