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There are a multitude of articles and blog posts expressing opinions about the consequences of people dating during the divorce process. The problem is that most of those posts contain conflicting information, and include some facts and a lot of fiction. This post aims to explain a bit about what issues dating during divorce may actually pose.
What You Really Need to Know
One very real danger of dating during the divorce process involves the concept of dissipation. Dissipation occurs when one spouse uses marital property for something solely for his or her own benefit and unrelated to the marriage, at a point where the marriage is breaking down. Money spent on new relationships commonly falls within the definition of dissipation. Birthday or anniversary presents for your new boyfriend/girlfriend, inviting them to join you on vacation, or even taking them to a nice event in downtown Chicago, can all become the basis of a dissipation claim your soon to be ex’s attorney may bring against you.
These days, many people contemplating marriage consider entering into a prenuptial agreement. This legal document was traditionally used almost exclusively by the very wealthy in order to protect their assets in the event of divorce. However, it is increasing in popularity among people with average income today in order to set expectations and come to an agreement on certain terms in the event of divorce long before a marriage ever breaks down.
While such a conversation may be uncomfortable for a couple to have as they are planning to spend their lives together, the taboo that used to be associated with entering into a prenuptial agreement may have faded somewhat in recent years. This is good news for those who may be interested in entering into such an agreement, but one question remains: how effective is the document in successfully determining each spouse’s rights in the event of divorce and being held valid in the face of challenges?
Perhaps the only thing more challenging than navigating a divorce is doing so when there are children involved. Cases differ in circumstances, but for the most part, it is generally true that parents are very concerned with the well-being of the children as they go through this process and their family is ultimately changed. There is no shortage of advice for divorcing parents with children, and many parents welcome ways to make the transition easier for their kids. A recent article suggests 10 things that all parents who are going through a divorce should say to their children for encouragement and reinforcement during this difficult time.
Advice for the Children
Assure them that what is happening between you and your spouse is not their fault. It is normal for them to look for reasons their parents are divorcing, and some children may blame themselves.
There are many organizations dedicated to advocating for social equality among lesbian, gay, bisexual, and transgender (LGBT) individuals. This plight often includes the voiced need for legal equality on the local, state, and federal levels. While many areas of the law may be relevant to the fight for equality among the LGBT community, the area of family law can be considered especially relevant. One such familiar example of this is the fight for marriage equality for same-sex couples. Although many states in the country have chosen to recognize same-sex marriage, the fight for equality continues among LGBT equality advocates in other areas. Perhaps in light of this, a local media outlet recently published a news article discussing a report that ranks U.S. cities in their laws and policies relating to LGBT equality.
Municipal Equality Index Report
Developments and changes are constantly made in the legal world. Whether they be changes to relevant law, local procedure, or evaluating a constitutional challenge, rules and procedures can and do change over time in addition to new laws coming into practice. This is just one of the reasons hiring an experienced attorney to handle a legal matter can be so important. It is part of a lawyer’s professional responsibility to keep up to date on the latest changes and decisions in the law, and this is especially true for the area of law in which an attorney practices. One such change may have an effect on those hoping to pursue a divorce in Illinois.
Pending Court Decision
In Illinois, the coming months could see a court decision that has an effect on divorce law in the state. The Illinois Supreme Court has decided to issue an opinion on a case involving the issue of property settlement in a divorce. More specifically, the particular case deals with the treatment of Social Security benefits in a property settlement during a divorce.
In Illinois and likely in other states across the country, many court systems are hearing arguments by groups and other organizations advocating for equal parenting time in child custody cases. These groups make their case based on reason, as well as appeals to emotion, to some extent. It is often argued that a child benefits the most from having an ongoing, consistent relationship with each parent. In many cases, this makes sense, and even those who are adamant that equal parenting time is in a child’s best interest acknowledge there are certain exceptions to this general rule. However, a recently published article points out that there are those on the opposite side of this issue, regardless of how prevalent equal parenting schedules are becoming.
Legal Measures
There is no shortage of marriage advice that exists today, likely in an effort to help others stay together and decrease divorce rates. This often comes down to determining what, exactly, makes a successful marriage. Of course, there is most likely not one single factor that can be attributed to lasting unions, but rather, happy marriages are likely so due to a multitude of factors. The fact that each successful marriage may have to be considered separately to determine what makes it so can make predicting the success of any given marriage difficult. Despite this challenge, researchers, relationship experts, and others continue to search for the answer to how to make a marriage work.
Practical Advice
Over the last several decades, many have attempted to analyze several factors that contribute to a marriage in order to determine whether one would be successful or not. According to a recently published article, one particularly telling factor in determining the success of a marriage is the relative age of each party. More specifically, the research found that the smaller the age difference between spouses, the more likely the marriage would last.
The holidays are often a stressful time for families, regardless of whether relationships are strained. Often, the hassle of traveling, shopping, cooking, and preparing meals takes its toll on all individuals involved. However, in families who are going through a transition, either because of a new marriage, or perhaps because of a divorce, the holiday season may be one in which tensions are running particularly high. According to a recently published news article, the key to keeping emotions in check over the holidays is managing expectations with family.
Expert Advice
Experts say the key to enjoying the holidays comes down to managing expectations with family. Establishing your own family traditions should be a priority. If you plan on changing your schedule for the holidays, for example, by spending Christmas Eve or Christmas morning in your own home as opposed to that of another family member, and this is likely to conflict with other family members’ expectations, let your plans be known well in advance and remind others of them if and when necessary.
Today’s concept of family has shifted from something that may have once been described as solely mom, dad, and kids, to a more inclusive interpretation that could include grandparents, aunts and uncles, half siblings, and step parents, just to name a few. The dynamic of the typical American family is certainly changing, so much so that perhaps there is no longer anything "typical" about it. A recently published news article reports that one trend in particular is emerging regarding the change in family structure - grandparents fulfilling the role of parents in taking care of their grandchildren.
Grandparents as Parents
According to a new U.S. Census report, there is an increase in the number of grandparents who are caring for children. The report concludes that about 10 percent of the nations’ grandparents live with at least one of their grandchildren. Over the course of the last approximately 40 years, the number of children living in grandparent-run homes has doubled. In 2012, 60 percent of households that contained both grandparents and grandchildren were maintained by a grandparent. In one-third of them, no parent was present.
The battle to legalize same-sex marriage has been ongoing for years, perhaps decades, and is just starting to be realized with laws going into effect in multiple states across the country that support marriage equality. Many advocates of gay marriage surely view these recent advancements as achievements, but even aside from the states that have not legalized gay marriage, this recent legal shift is presenting other challenges and issues to address.
Essentially, the legalization of gay marriage also involves the application of other legal concepts to the marriage that also apply to heterosexual couples. Some areas of law are not yet amended or modified to properly address the issue of gay marriage, but others are and can likely readily be applied. For example, current divorce laws may fall short in many aspects when applied to same-sex couples, but same-sex couples should not have a problem entering into a valid prenuptial agreement.
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