Chicago Illinois Family Law Blog
April is Stress Awareness Month: Tips to Help During Your Divorce
Divorce is an extremely stressful and emotionally trying process. When children are involved, the battle between spouses can become even more contentious. Financial considerations, negotiations, and litigation only add to the stress of going through a divorce.
We are all unique, and each of us handles stress differently. Courtesy of my.chicagotribune.com, stress can manifest itself in the following ways:
Protecting Your Credit during a Divorce
If divorce is in your future, you are probably facing an emotional, trying time in your life. The last thing on your mind may be your credit rating, but consideration of financial matters is never more important than prior to and during a divorce.
Courtesy of divorce360.com, there are steps you can take during a divorce that can help you with your finances. You need to first determine and protect your credit rating. Make sure your spouse has not concealed debts or assets. He or she could have run up a debt by obtaining a loan or a credit card under both names without your knowledge, which may negatively affect your credit rating. Find out what your rating would be as a single.
U.S. Supreme Court Signals Reluctance to Rule on Marriage Equality
Nine states currently recognize same-sex marriages, and nationwide polls demonstrate increasing support for marriage equality in the U.S. Even so, signals from the Supreme Court indicate justices are reluctant to broadly rule on the right to marry for gays and lesbians.
As reported by The Chicago Tribune, some of the nine Supreme Court justices have displayed a reluctance to deal with this still divisive issue. Although nine states recognize same-sex marriage, 30 states still have constitutional amendments prohibiting gay marriage. Potential swing voter Justice Anthony Kennedy clearly indicated where he stood on the issue by warning the Court that they were getting into “uncharted waters.”
Divorce at Graduation?
According to the University of Virginia’s Director of the Center for Children, Families, and the Law, Robert Emery, Ph.D., parents of young people who are nearing graduation should wait until a better time to tell them that they plan to divorce. Announcing your plans to divorce in the months prior to your children’s high school graduation may not be healthy for them.
High school graduation is a time to celebrate your children’s accomplishments. For young people, it is a thrilling rite of passage. Your children have matured in a healthy environment, but making the choice to tell them of your plans to divorce is not the healthiest decision. Dr. Emery advises couples to wait for graduation season to end before they announce their plans to separate or divorce. Remember how excited you were when your senior prom season arrived followed shortly by graduation? Don’t ruin that experience for your children by burdening them with your problems at this time.
Understanding Civil Unions
Civil unions are legal contracts between partners that are recognized by a government as conferring some of the rights usually associated with marriages. In December, 2010, the Illinois Religious Freedom Protection and Civil Union Act was passed. Beginning in July, 2011, adults who are not related and who are of any sexual orientation were permitted to enter into a civil union, provided they were at least 18 years old.
The Chicago civil union attorneys at Nottage and Ward want you to understand your rights within civil unions.
Illinois Same-Sex Marriage Push Joined by Obama Issue Group
The push for gay marriage is being joined by Organizing for Action (OFA) according to an announcement made March 19, 2013. As reported by The Chicago Tribune, the organization, which is an offshoot of President Obama’s re-election campaign, has decided to become involved in Illinois state issues.
OFA has a broad base along with the skill and technology to network that base. OFA says what the group hears from Illinois voters are that the same-sex marriage issue really matters to them. That’s why they are adding their voices to the fight. That’s what the organization’s national director of issue campaigns, Lindsay Siler, told supporters in an e-mail.
Illinois GOP Chairman under Fire for Support of Same-Sex Marriages
Illinois republican chairman Pat Brady has been under recent attack because of his endorsement of the same-sex marriage bill. In a National Organization for Marriage (an organization in opposition of same-sex marriages) campaign, hundreds of form-letter e-mails have been sent to and received by the Illinois Republican State Central Committee. The letters all call for Pat Brady’s ouster as state chairman of the Illinois Republican Party.
According to The Chicago Tribune, party leaders met behind closed doors on Saturday, March 9, 2013, to discuss Brady’s fate. According to the report it remains unclear whether committee members will reach a consensus.
Speaker Madigan Claims Same-Sex Marriage Bill 12 Votes Short in House
Courtesy of The Chicago Tribune and published on March 13, 2013, according to House Speaker Michael Madigan, the bill that would make Illinois the tenth state in the nation to legalize same-sex marriage could face a difficult road to approval this Spring. He believes the bill is lacking 12 votes it needs for passage.
Since 60 votes are required for a bill to pass the Illinois House, Speaker Madigan’s comment means 48 Illinois lawmakers could already be in favor of establishing marriage equality in the state. The same-sex marriage bill last month passed in the state Senate and has the approval of Democratic Governor Pat Quinn. Governor Quinn is on record as being in support and has indicated that if the bill passes the Senate and reaches his desk, he would sign it into law.
Is Sale of the Family Home Necessary During Divorce?
When considering a divorce many questions come to mind. While we initially concern ourselves with the well being of our children and our own emotional health, financial matters must also be considered. In the state of Illinois, property or money acquired during the marriage is presumed to belong to the marriage and to be subject to equitable (fair) division upon divorce. Examples of property to be equitably divided during a divorce include the following:
Gay and Lesbian Couples Face Indefensible Financial Discrimination
Gay and lesbian couples face civil and social discrimination in states where same-sex marriage has not been legalized. According to Suze Orman, personal finance expert and host of “The Suze Orman Show” on CNBC, in a special report to CNN, while that discrimination is inexcusable, the financial discrimination those couples face is indefensible.
Nine states and the District of Columbia have made same-sex marriages legal. And even though that is encouraging for those who believe that all U.S. citizens deserve basic civil rights, what is needed, according to Orman, is for the federal government to recognize same-sex marriage. Orman believes that would eliminate current financial discrimination.
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