Divorce - Chicago Illinois Family Law Blog - Page 8
Annulment vs. Divorce – What Is The Difference?
While the two words are often used interchangeably, divorce and annulments are two radically different actions that take place in family law. The confusion stems from improper usage in the media, to religious entities using the phrasing in a completely different context. In Illinois, what is commonly referred to as annulment is legally referred to as an action for Declaration of Invalidity of Marriage. In both instances, the end result is a complete separation in the eyes of the court. But annulment takes the idea a step further, declaring that the marriage was never valid to begin with – thus nullifying its existence from the very start. In the state of Illinois a successful annulment is actually known as a “judgment of invalidity.”
Is It Okay For Me To Date During my Divorce Proceedings?
When it comes to dating while going through divorce proceedings, the divorce attorneys at Nottage and Ward, LLP in Chicago urge our clients to exercise caution and discretion. While it likely will make no difference from a legal standpoint whether or not you are dating during your divorce proceeding, you may want to take into account the practical problems this may be bring to the table during your case.
Going through a divorce can be one of the most stressful and emotional times of your life. Now, let’s consider how it looks to your spouse if you are openly dating before the proceedings are finalized.
Business Valuation and Divorce
Often times when a petition for divorce has been filed, each spouse begins to circle the wagons to protect their individual futures and financial self-interests. This becomes a particularly sticky issue when one spouse owns a business. That person (still typically the husband) may try to hide as much of those business assets as possible to minimize their financial losses during a divorce.
Your spouse may report that his business is in trouble, but has his lifestyle changed? During the divorce, your spouse may come to court, hat in hand, claiming that his business has taken a hit of late; but is that true? Is he (or she) still living the same lifestyle despite those claims? If so, one has to ask, where is the money coming from?
Does your spouse’s business pay his personal expenses? If so, he may claim that he actually has “no income” because he isn’t accepting a paycheck. Also, if this is the case, it can appear that the business has taken a hit in both its net income and in its valuation.
How Friends Can Help During a Divorce
As anybody who has gone through a divorce can attest, it can be a difficult and challenging time, even in so-called amicable break-ups. As a friend of a person going through a divorce, you don’t quite know what to say. You want to be there for your friend and help, but you don’t want to say anything that might make the situation worse.
So, what do you do? An article in the Huffington Post suggests that saying or doing something is better than ignoring the situation and not saying anything. Here are some suggestions of things you might say and do for a friend going through a divorce.
- “You know I have your back.” Sometimes a friend going through a divorce just needs to know that you are on their side and you will be with them no matter what.
- “You’re not a bad person.” A lot of blame during a divorce can be self-directed and sometimes just hearing this is enough to get a friend through the day.
- “This sucks.” Yes, this may seem obvious and should go without saying, but sometimes a friend who is going through a divorce needs to hear that somebody else understands that.
When Going Through a Divorce, Don’t Forget About the Kids
The family law attorneys at Nottage & Ward in Chicago recently ran across an article in the Huffington Post that was a powerful reminder that divorce is not only a traumatic and emotional experience for you, but also for your children. The author pointed out that it is important to remember that children are more sophisticated than we often give them credit for and are acutely aware of situations, events, and actions in divided families.
The author claims she has dealt with hundreds of families going through breakups and that these are just some of the things children wish they could tell their divorcing parents:
1. I didn’t get divorced, you did. Just because you are mad at my mom or dad, he or she is still my parent. Talking bad or gossiping about him or her makes me feel bad and makes me disrespect you.
Same-Sex Couple in Missouri Granted a Divorce
In a divorce case that may prove to be a shot across the bow to other states that do not recognize same-sex marriage, a judge in Missouri granted a married gay couple a divorce. What makes this case unusual is that Missouri passed a constitutional amendment in 2004 that defined marriage as a union between a man and a woman.
The couple in question was married in Massachusetts in 2009, but lived in Columbia, Missouri. The Boone County Circuit judge who granted the divorce stated that under the legal doctrine of “comity” (the recognition of the laws of another jurisdiction), that Missouri could grant the divorce “for the limited purpose of granting equitable relief.”
Divorce and Obamacare: Are They Linked?
The open enrollment period to sign up for healthcare coverage under the Affordable Care Act (ACA) has passed and millions of Americans were able to sign up before the deadline. Notable provisions in the ACA provide tax credits to subsidize premiums if you are married and filing jointly on your taxes.
But what if your spouse left, you do not know where he or she is, and you have been filing your taxes as “married but filing separately,” on your return because you are not officially divorced?
Under well-defined criteria, if you have children you are caring for, you can file as “head of household” and still receive the tax credits. But if you have no children and are still legally married, you may simply be out of luck when it comes to receiving tax credits under Obamacare.
Your Secret Stash of Cash Won’t Be So Secret When Going Through a Divorce
When going through a divorce, many people try to hide money from their spouse. Whether for extramarital mischief or simply trying to keep money for themselves instead of splitting it; most couples will argue over money and whether their spouse is being honest about the disclosure of their assets.
Before the luxury of the Internet and increased technology, it was easy to have a “rainy day” fund that your spouse may never find out about, but now it is becoming nearly impossible to cover the tracks that may lead straight to your secret stash.
Five Common Misconceptions People Have about Divorce
Although divorce is becoming more widespread and accepted now than it was years ago, many people still have their hang-ups, whether religious or personal in nature, about marriage breakups. They tend to believe that any marriage can be salvaged and that divorce automatically leads to a broken family; however, there is such a thing as a dead-end marriage that needs to be ended before it becomes toxic.
If you’re taking lots of flack or unwarranted advice from your friends or other peers, just know that you’re not the only one. Divorced individuals everywhere have heard the same, mostly wrong, opinions before, including those below.
Divorces are always adversarial and messy. The divorce process does not have to be defined by grudge matches and dirty mind games. It is possible for spouses to divorce in a collaborative and respectful manner.
Avoid Making These Mistakes When Considering Divorce
A marriage is usually a joyful, memorable event, but its counterpart, divorce, is memorable in a wholly different way. Due to the nature of divorce, it is only natural for disputing spouses to go through strong emotions while dealing with the marriage dissolution process. However, emotions can make for bad decisions, which can in turn lead to more anguish down the line.
It is important for a divorcee to think clearly at pivotal points during the process and avoid making these five common mistakes.
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