Posted on November 24, 2017 in Divorce

Compiled statistical data cannot predict when an individual marriage will end in divorce, but that does not stop researchers from trying. There are too many reasons why people get divorced that can develop at any point in the marriage, such as personality conflicts, acts of infidelity or general dissatisfaction. By studying data, researchers have noticed that there are points in the duration of a marriage when more divorces tend to occur. From there, they consider what relationship factors may have changed to make divorce more likely. Researchers have identified three points in a marriage when the risk of divorce seems to increase.

The First Year

The start of a marriage is logically a time when it is vulnerable. Despite the honeymoon period, there are several reasons why a marriage may last a year or less:

• Couples may rush into marriages that were never going to work;

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 Posted on November 22, 2017 in Divorce

When a party is unsure of important information regarding a spouse during a divorce, he or she may use the discovery process to compel the spouse to disclose the information. Discovery can allow someone to view documents, ask questions or even summon a person for testimony. The discovery process often becomes a conflict between the two sides’ attorneys to determine which information must be disclosed and which can remain private. Parties that object to a discovery request must show why the request should not be granted.

Types of Discovery

Spouses can conduct discovery to collect information on any matters related to the divorce. It is most commonly used to learn about valuable marital properties. However, it is also used to present evidence of a spouse’s character, which may be relevant in determining the allocation of parental responsibilities. There are four common forms of discovery that can be used on a spouse or a third party:

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 Posted on November 17, 2017 in Child Custody

Thanksgiving is next week, along with the official start of the holiday season. For parents and children of divorce, the season can be a time of hectic schedules and mixed emotions. In most cases, each parent will want to have individual time with the children to celebrate. However, it will be difficult for either parent to have the same holiday experience that they did when the family was whole. While this may be depressing, parents should focus on providing a good holiday experience for their children. In order to do so, they must be flexible in both their scheduling and expectations for the holidays.

Holiday Parenting Time

Parents with foresight will consider holidays when creating their parenting schedule during the divorce. There are several ways parents can split their time with their children during the holidays, including:

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 Posted on November 15, 2017 in Alimony / Maintenance

The proposed tax reform bill in the U.S. House of Representatives has caught the attention of divorce attorneys. The bill would eliminate the federal tax deduction for spousal maintenance as part of an effort to offset massive tax cuts. Recipient spouses would also no longer pay taxes on their maintenance payments. The changes would shift the tax burden from the recipient spouse to the paying spouse. However, the recipient spouse may find it more difficult to obtain spousal maintenance during a divorce.

Tax Deductions

Under the current federal tax law, people may deduct the entirety of spousal maintenance payments they make, as long as:

• The payments are not related to child support or property division from the divorce;
• The former spouses are not filing a joint tax return;

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 Posted on November 10, 2017 in Property Division

Settling a divorce involving a veteran of the U.S. military can be more complicated than with a typical divorce. Federal and state laws determine how veterans benefits may be divided during the divorce. With the varying types of benefits a veteran can receive, divorcing spouses may have difficulty differentiating between them. Some benefits are treated as marital property, while others are exempt from division. The duration of both the marriage and the veteran spouse’s service can also affect how the benefits are treated. Here is a breakdown of different types of veterans benefits and how they relate to divorce.

Medical Benefits

Spouses and dependents are eligible for coverage under a military veteran’s health care plan, such as TRICARE. When a spouse divorces a veteran, the spouse can remain on the health plan indefinitely, as long as:

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 Posted on November 07, 2017 in Divorce

It is vital for you to protect your personal information and communications during your divorce. Spouses are looking for information that gives them an insight into the other party’s strategy or that can be used to discredit the other party. Access to your email, text messages and voicemails can expose all of that information and other details you may not want your spouse to know. Unauthorized access to your electronic accounts is illegal, but you would need to prove that your spouse surreptitiously gained access to the information. It is easier to strengthen your cyber security at the start of your divorce.

Security Breaches

Your spouse does not need the skills of a computer hacker in order to access your electronic accounts. Often, it is as simple as knowing your password. Spouses often share passwords with each other so they can both access important personal information. If you have not shared your passwords, your spouse may know where you have them written down. Once your spouse has gotten into your electronic accounts, he or she can:

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 Posted on November 01, 2017 in Children and Divorce

Divorced parents often cannot avoid each other due to their shared responsibilities to their children. Many encounters can be brief, avoiding uncomfortable tensions and possible conflicts. However, there are child-related events that the parents are expected to both attend and remain in close proximity to each other for extended periods. These events may include:

• Sports competitions;
• School concerts;
• Parent-teacher conferences; and
• Awards ceremonies.

Both parents likely want to attend these events because they are important moments in their children’s lives. The children are also hoping to see both parents at the event. Divorced parents should try to peacefully interact with each other when attending their children’s events.

Being Together

As awkward as it may feel, divorced parents can best show their support for their children by sitting next to each other at events. The action tells a child that his or her parents can agree on their love for the child, even if they disagree on other important matters. When not around the children, the parents can limit their interaction to a level that will not escalate into conflict. Though it may be tempting, they should refrain from discussing topics relating to their personal lives. Such conversations can easily devolve into the arguments that were at the heart of the divorce. Instead, the parents should focus on the children and what is happening at the event. Even sitting next to each other in awkward silence is preferable to a conversation that may become an argument.

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 Posted on October 27, 2017 in Child Support

After a court has established child support, parents are entitled to a review and possible modification of the payments. Illinois allows child support modifications in three situations:

• When three years have passed since the child support was enacted or last modified;
• When there is a significant change in the needs of a child; or
• When there is a significant change in the income of one of the parents.

A recent Illinois appellate court case involved a father requesting to lower his child support payments. The court found that the father had proven a viable reduction in his income and rejected the mother’s argument that the support payments should remain the same.

Case Details

The two parties divorced in 2013, and the mother was appointed the primary residential parent of their three children. Using the child support law at the time, the court ordered the father to pay 32 percent of his net income towards child support, as well as set amounts for medical expenses and extracurricular activities. Initially, the payments were $1,700 per month based on the father's job income. However, the mother successfully petitioned to increase the support payments because of additional income the father received from a side business selling computer parts. In April 2015, the court set the child support payments at $4,053 per month.

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 Posted on October 23, 2017 in High Asset Divorce

Most successful business executives are highly driven professionals who are dedicated to their work. Those qualities do not always transfer to their marriages. Their focus on their jobs can cause them to pay less attention to their home lives. Their spouses may seek divorce if they do not feel there is enough intimacy and communication in the marriage. If the business executive was not paying much attention to the marriage, he or she needs to focus more on the divorce. High asset divorce involves many complex properties that must be divided between the spouses. The business executive spouse may be familiar with negotiating deals involving valuable assets, but he or she cannot take the same approach during a divorce.

Complex Marital Properties

Most marriages involve valuable assets that must be divided, such as real estate and financial accounts. For business executives, these high-value assets can be more diverse and complicated, such as:

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 Posted on October 19, 2017 in Children and Divorce

People going through a divorce can be reluctant to tell casual acquaintances about it. The process is personal and not something they want to share with everyone they meet. However, there are people outside of your friends and family who need to know about the divorce. One such person is your child’s pediatrician. The emotional impact of your divorce can cause developmental and behavioral maladies in children. A pediatrician may be able to help your children, but he or she needs to know that the divorce may be causing the problems. Keeping your pediatrician informed of your child’s life circumstances may help prevent some of the struggles your child will go through during the divorce.

Effects of Divorce

Children feel emotional pain when their parents divorce or separate, regardless of their age or how amicable the divorce is. Feelings of abandonment, anger and self-blame can become emotional scars that last for years. Depending on the child’s age, the emotional effects of divorce on children can manifest as:

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