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Recent Blog Posts

Adultery & Gender Equality

 Posted on October 20, 2013 in Divorce

Ask almost anyone who they think of when they hear the word “adultery,” and you will most likely be unanimously greeted with images of a male of any age, breaking the marital bonds he shares with his wife. And while not completely justified, it is true that throughout history men have owned the lion’s share of adultery in committed marriages.

But now things seem to be changing – according to a study performed earlier this year, women have closed the gap on infidelity, with rates of adultery rising over 40% in just two decades. And while this may not be something to celebrate, it shows a rise in interesting trends that seem to support the equality among individuals of both genders.

Women Have More Opportunities

For most of the 20th century, women were highly dissuaded from performing adulterous acts, due to the consequences that were bound to occur if discovered. Besides the social reputational damage, husbands could seek divorce from the adulterous wife, leaving the wife without virtually no financial support structures and fewer employment opportunities. This is what inevitably led to a lower rate of adultery among women who had no financial stability without their male counterparts.

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Illinois Spousal Support Basics

 Posted on October 13, 2013 in Spousal Maintenance

In the event that you and your spouse get a divorce, there are still ways for you to financially support one another if need be. This can be done through spousal support, also called spousal maintenance or alimony. All of these terms, which can be used interchangeably, refer to “payments or transfers of money or assets from one spouse to another after a divorce.” Illinois Spousal SupportIllinois spousal support laws were created in order to make sure a divorced spouse does not suffer from a decrease in their standard of living because of the divorce. It is not uncommon for only one spouse to be working actively and financially supporting both parties. In the event of a divorce, it would be very difficult for the unemployed spouse to quickly find a job capable of supporting their normal lifestyle. Spousal support seeks to make sure that the divorced spouse can ease their way back into a suitable standard of living without any detrimental lifestyle changes. Contrary to what many people may think, the husband is not automatically the one who must pay spousal support. Many former wives also pay spousal support, and it is unconstitutional for any state to hold that only a husband can pay and only a woman can receive spousal support. In Illinois, the courts do not consider marital misconduct when settling the amount of alimony. They refer to other factors which include, but are not limited to, the following:
  • The financial needs of each spouse

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Study Shows Military Couples More Likely To Divorce

 Posted on October 06, 2013 in Divorce


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Types of Paternity Testing

 Posted on September 30, 2013 in Child Custody

In this modern day and age, having sex out of wedlock is more and more common. Usually, nowadays, when two people get married, they have already had sex either with each other or with other partners. It is also becoming increasingly common to have children out of wedlock and because of that, the father is not always known for sure. If the father of a child is not known, there a few tests that can be taken to determine who it is. You first must determine when the test will be conducted: before or after the child is born. Here are some options for paternity testing from the American Pregnancy Association: Lucy If you choose to perform the test before the child is born, your options include:

  • Amniocentesis:
    • This test is for the second trimester of pregnancy, between week 14-20. Doctors use ultrasound and guide a needle through the uterus to collect a little bit of amniotic fluid. This fluid will be used for the test to determine the father.

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The DCFS and Adoption in Illinois

 Posted on September 22, 2013 in Child Custody

safe and happyThe Department of Children and Family Services (DCFS) of Illinois is primarily responsible for all adoptions that occur in the state. If you or someone you know is considering adoption, the most important first step is to seek the counsel of a qualified family law attorney. Not only will a lawyer be able to guide you through some of the more complicated processes, he will be able to help enroll you in some of the services DCFS offers. According to their website, the DCFS is “committed to ensuring a smooth transition as you grow your family through adoption or guardianship, and DCFS offers a range of supports to families depending on your needs.” This kind of assistance includes (but is not limited to):

  • monthly subsidies to assist with the child’s basic needs
  • reimbursement for costs associated with the process, such as court costs and attorney fees
  • support groups and counseling services

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Things that you should discuss with your Child about your Divorce

 Posted on September 13, 2013 in Divorce

Many kids describe the divorce of their parents as the worst thing in the world. Divorce will never be easy for the children. You will be going through your own set of emotions and worries through the divorce process. However, according to Psychology Today, a few things are important to discuss with the children.

TheresaCommunication is Paramount Divorce is one of the most stressful things that a kid can go through during childhood. If you have multiple children, remember that each child will process the divorce differently. While it may be tempting to just deal with it as it comes, initiate a dialogue with your child regarding their feelings about what is going on. Direct Effects One question that most kids have when they learn about the divorce is, "What about me?" Just as you are feeling unsure about the future, remember that your child is stuck in the middle. The child did not do anything to contribute to the situation but may feel the most loss. Make sure to reassure the children that no matter what, their safety and stability are still the number one priority. Let them know that both parents still love them very much. Seek Professional Help No matter how well adjusted the child may seem, seek professional help. Many children will feel protective and not want to say much because they do not want to make the matter even worse. No matter how open you are with them, they may need someone else that they can talk to. They may have friends and other siblings but they cannot provide the professional level of assistance that they may need to cope with the division of their home. If you are facing a divorce, you don’t have to go through it alone. An experienced and empathetic DuPage County family law attorney can assist you with any legal support that you require.

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New Laws mean Big Changes in Domestic Violence Cases

 Posted on September 05, 2013 in Domestic Violence

Statistics show that an excess of one hundred thousand residents of Illinois are directly impacted by domestic violence every year. Illinois is taking big steps to change the way that both the offenders and victims are handled. TheresaGovernor Pat Quinn signed four separate bills that will become effective January 1, 2014. These new laws are designed to not only hand down stiffer punishments to the offender, but to prevent the violence from happening at all. The first bill addresses the issue of repeat offenders of domestic violence. Today, crimes in this category are considered misdemeanors and so there is not much punishment given. When this law becomes effective, repeat offenders will be charged with a felony. The second law deals with the privacy of the victim. In cases where the victim is covered by medical insurance that is carried by the abuser, there will be new procedures put into place so that the abuser will not be able to obtain information such as the address or other contact information given by the victim. This law recognizes the manipulative nature of many abusers when it comes to finding their victim. The third law extends the deadline for reporting for a task force that is currently developing a program for prevention that is aimed at adolescent and teen violence. The final law is aimed toward schools and the trend of teen dating violence. It requires that the schools educate children about the dangers and signs of dating violence and it also puts new procedures in place that dictate the school staff response. These are big changes for Illinois. If you have been the victim of domestic violence in your relationship, an empathetic and experienced Illinois family law attorney can advise you of the divorce law as it applies to your situation.

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The Consequences of an Invalid Marriage

 Posted on August 29, 2013 in Divorce

RigsIllinois has specific requirements before a judge will declare that a marriage is invalid (or annulled). Those seeking to have a marriage declared invalid must show that one of the following four circumstances is true:

  1. a party lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, or because of the influence of intoxicants, or a party was induced to enter into a marriage by force, duress or by fraud;
  2. a party is unable consummate the marriage through sexual intercourse and the other party did not know of the inability;
  3. a party was aged 16 or 17 years old and did not have the consent of parents or guardian, or judicial approval; or

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Divorce Linked to Long Commutes

 Posted on August 20, 2013 in Divorce

Divorce Linked to Long Commutes IMAGEHaving a long drive to and from work could be one reason your marriage is on the rocks. According to new research, conducted by Swedish Umea University affiliate Erica Sandow and reported by the Huffington Post, “people who commute at least 45 minutes one-way to work are more likely to divorce than people who have shorter daily commutes.” The study tracked millions of people in Sweden for 10 years, beginning in 1995. “Sandow focused on people who were married or living with a partner for her research [and] found that around 11 percent of the couples she studied had split by 2000, and more commuter couples separated than those who worked close to home,” according to the Huffington Post. The statistics are pretty bleak—14 percent of couples in which either person had a 45-minute or longer commute broke up, compared to only 10 percent of those in which neither person had a long commute. It seems that the research is skewed over time, however. Sandow found that if the person who had the long drive to work had been doing so for more than five years (if their relationship made it past that crucial marker), then they were only one percent more likely to divorce than couples in which neither person had a long commute. This is bad news for Americans, and could be one contributing factor as to why the divorce rate is so high in the U.S. According to Forbes, a 2013 U.S. Census Bureau report found that “10.8 million people, or 8.1 percent of workers, commute an hour or more to work each way. What’s more, 600,000 are classified as ‘mega-commuters,’ traveling 90 minutes or more and at least 50 miles to get into the office.” This is twice as long as the threshold Sandow was studying that linked long commutes to marital dysfunction. If you or someone you know is having trouble in marriage, whether you believe a long commute is a factor or not, it could be time to sit down with a qualified professional to discuss your options. Contact an experienced Chicago-area family law attorney today.

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Parental Visitation for Non-Custodial Parents

 Posted on August 12, 2013 in Visitation


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