Posted on March 29, 2017 in Child Custody

With the legalization of same-sex marriage also came the need for same-sex divorce. Many aspects of divorce law are used equally in heterosexual and homosexual divorces. However, same-sex divorce is new territory, and decisions in cases often set new legal precedents.

Child custody (or the "allocation of parental responsibilities") is one of the trickiest parts of same-sex divorce because the process of having a child is more complicated than in a heterosexual relationship. Only one parent can claim biological rights to the child. With adopted children, the legal process of the adoption becomes important in determining parental rights. There are no laws specifically addressing same-sex divorce and custody. More general laws and court decisions are the best determiners of how a case will play out.

Biological Parent

When same-sex spouses have a child biologically, one parent is designated as being the biological parent, and the other is designated the second parent. The biological parent is either the woman in a lesbian marriage who gave birth to the child or the man in a gay marriage who provided the sperm sample for the surrogate. When spouses get divorced, the biological parent has automatic decision-making rights and parenting time. The secondary parent may also gain parenting rights, but only if he or she was legally established as a parent of the child.

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 Posted on March 28, 2017 in Domestic Violence

Anyone who is a victim of domestic violence must take the necessary steps to protect themselves and others who are vulnerable. This may include leaving your home and calling the police to press charges. You can receive a temporary order of protection as a legal safeguard against your attacker.

However, orders of protection are just one right that domestic violence victims have in Illinois. The state has several laws and resources available that can help you financially and protect you against discrimination.

Work

After a domestic violence incident, you may need time away from work to take care of legal and personal matters. Illinois’ Victims Economic Security and Safety Act allows the victims of domestic or sexual assault to take unpaid leave from work without punishment, as long as the employer has at least 15 employees:

• For employers with 15 to 49 employees, the victim can take eight weeks off during a 12-month period.

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 Posted on March 27, 2017 in Divorce and Finances

Health insurance is one of the most important and costly services often shared between spouses. When you get divorced, you will be responsible for procuring your own health insurance if you were on your former spouse’s plan. If your employer allows it, you may be able to immediately sign up with your own employee health plan. But what if you do not have that option? There are a couple of insurance choices you should consider.

Insurance Continuation

Normally, continuing coverage on your previous health insurance plan is available through COBRA insurance. Premiums under this plan can cost up to 102 percent of the group rate.

However, former spouses and their dependents in Illinois without insurance have a cheaper option of continuing their previous coverage, thanks to the Illinois Spousal Continuation Law. Under the provisions of the law, you can continue on your spouse’s health insurance for up to two years if you are younger than 55 or until you qualify for Medicare if you are 55 or older. In order to qualify for continuation:

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 Posted on March 24, 2017 in Annulments

While divorce is the most common way for married couples to legally separate, couples also have the option to annul their marriage. Annulment dissolves the marriage on the grounds that it is invalid, which can mean the marriage retroactively never existed. In Illinois, there are four categories that qualify for annulment:

• If the marriage is illegal, such as incest, bigamy or being forced to marry under duress
• If one party was mentally incapable of consenting to the marriage
• If one party was unaware that the other party was incapable of having sexual intercourse
• If one of the parties is younger than 18 and did not receive parental consent to marry

Even if you qualify for annulment, you should consider whether an annulment is your best option. There are advantages and disadvantages to getting an annulment instead of a divorce:

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 Posted on March 21, 2017 in Children and Divorce

Getting divorced is an emotionally trying time for parents and their children, but being the divorced parents of a toddler brings unique challenges. While older children may feel guilty over the divorce, toddlers are at a developmental stage when they are too young to understand what a divorce is. However, they do know that their world has been disrupted because their parents are no longer together.

Because toddlers do not have the communication skills to explain their feelings, they are more likely to have behavioral reactions, including:

• Tantrums
• Sleep trouble
• Increased separation anxiety
• Behavioral regression, such as thumb sucking

While these behaviors can lead to developmental setbacks, research has shown toddlers of divorced parents can still develop normally if their parents properly communicate with them.

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 Posted on March 11, 2017 in Property Division

Among the many concerns spouses have throughout the divorce process, it is no surprise that a significant anxiety that often plagues those undergoing a split is worry over finances. Depending on your income, earning potential, employment situation, and the belongings you and your spouse have acquired over the course of your marriage, that worry may be severely compounded when children are added to the equation or when there is a drastic difference in your debt to income ratio.

Plan Ahead When Possible

Whatever your financial circumstances as you work through the end of your marriage, you will need to come to grips with your situation sooner, rather than later. It is imperative to obtain a snapshot of your finances in order to work with your attorney, financial planner, and accountant to plan for and create financial security for yourself following the divorce. Doing so requires a full inventory sweep of your financial obligations and assets.

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 Posted on March 07, 2017 in Divorce

The road to divorce is often a subtle one, sneaking up on both parties until the undeniable dysfunction plaguing their relationship is glaring and unavoidable. Some marriages unravel over a very long period of time, while others deteriorate quickly, within the first few years of marriage.

Regardless of how long it takes for a marriage to fall apart, the signs of an impending split are usually present early on and often continue to exhibit themselves throughout the course of the marriage, although many couples are unable to spot them at first. It is not uncommon for spouses to be so wrapped up in raising their children or building their careers that they miss the red flags signaling trouble in their marriage.

Signs of Marriage Trouble

Psychology experts illuminate a common theme that tends to weave divorce red flags together: A breakdown in communication. Whether the couple ceases physical intimacy, stops talking about their day and what is happening in their day-to-day lives, or ends an argument still angry, one of the biggest indicators that your marriage is in trouble is an overall lack of communication.

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 Posted on February 28, 2017 in Divorce

Most people think of divorce as a contentious matter – one in which parties fight to the bitter end over big things, small things, and everything in between. Yet this is not always the case. A dad in Boston is proving it in his everyday life by doing kind and compassionate things for his ex-wife. When asked why, his simple and straightforward response was that it teaches his boys to be kind and loving toward all women, especially their mother. The following shows how right he is, and can help you have an amicable divorce as well.

Focus on What Really Matters

When asked how he manages to keep things amicable between himself and his ex-wife, the Boston man said he and his ex-wife decided early on that they were going to avoid petty behavior in front of the kids. More than that, they were going to put in the effort to co-parent and show one another respect. The mother is completely on board as well. On Father’s Day, she makes sure their sons purchase a gift for their dad.

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 Posted on February 26, 2017 in Domestic Violence

Attempting to understand why some spouses choose to remain in abusive relationships is never easy. An overwhelming number of married partners find themselves with the need to seek out domestic violence protection and pursue a divorce, often after they have endured months or even years of physical and emotional abuse. The reality is that the reasons behind someone’s drive to stay with a physically or verbally violent partner is extremely multifaceted. Time Magazine reports multiple studies that reveal individuals stay with their abusers usually for more than one reason, further emphasizing the fact that there is never a single, simple answer for why someone remains in an abusive environment.

Why Victims Stay

The statistics surrounding abusive relationships are alarming: one in four women experience domestic abuse at some point in their lifetime. Only one-fifth of all rapes are reported to the police, and only one-quarter of all physical assaults are reported. Domestic abuse is considered one of the most underreported crimes across the board, and yet many of the partners who make up these statistics stay put. Here are some of the most common reasons victims opt to avoid divorce and instead choose to remain in an abusive marriage:

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 Posted on February 23, 2017 in Divorce

Wading through the divorce process is a different experience for everyone. For some couples, the process can be rocky from start to finish, while it can be generally smooth throughout for others. A great source of tension usually stems from financial issues, which can impact other matters in the divorce, such as childrearing styles and employment circumstances for each spouse. This applies especially to the stay-at-home parent, who has been accustomed to taking care of the home while their spouse earns the income. One major fear can often trigger a domino effect, resulting in multiple anxieties about the present and the future.

Common Anxieties for the Stay-at-Home Parent

Given the amount of energy that must be expended during the divorce journey, it is understandable how adding the stress of issues like parenting arrangements and the division of property can quickly become overwhelming. It is very common for the parent who has been removed from the workforce for some time to feel stretched thin, fearful of their financial future and how they will care for their family, and what the overhaul of their life will look like and feel like when all is said and done. If you are a stay-at-home parent going through a divorce and are experiencing these common anxieties, take a moment to consider the following:

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