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Married couples often know their relationship is ending before any formal steps are taken to obtain a divorce. Some may suspect their spouse is about to file for divorce, while others may be taken off guard when served with divorce papers. No matter the path taken, anyone who is served with a petition for divorce has important legal rights that need protection, as well as a responsibility to participate in the divorce process.
First Things First
It is highly advisable that anyone who is served with a petition for divorce contact an experienced family law attorney to represent them. Not only can a divorce case quickly become complicated and confusing for those not familiar with the process and the laws regarding divorce in Illinois, but hiring a capable attorney ensures a party’s rights will be protected and they will have the benefit of professional representation throughout their case.
During a divorce proceeding, the parties may attempt to come to an agreement about the way in which they will divide their marital property between them. However, if they are unable to come to an agreement, or if their agreement is found to be unfair and unconscionable, it is up to the Illinois Courts to divide the marital estate between the divorcing parties in a way it sees fit. The court employs the law as a guideline in making a property determination within a divorce decree.
Equitable Distribution
Illinois state law follows the concept of equitable distribution in dividing marital property. This allows the court to make a property determination based on fairness and may not involve a perfect 50/50 split of marital property awarded to each party. The court will separate what is classified as marital property from what is considered separate property, and will equitably divide the marital property between divorcing spouses.
Domestic violence is a significant problem for many individuals, and a serious crime for offenders. It is defined as the hitting, choking, kicking, threatening, harassing, or interfering with the personal liberty of another by a family or household member. Victims of domestic violence can often secure an order of protection against the abuser as long as he or she fits into the class of persons defined as family or household members.
Order of Protection
Information on the Illinois Attorney General’s website provides that an order of protection is an order from the court that restricts an abuser from engaging in harmful acts towards their victim and is only available to household or family members. An order of protection can act in the following ways, including others:
The topic of marriage and divorce in everyday life may be more popular than one might think. Filmmaker Doug Block has completed a documentary titled “112 Weddings” set to air on Monday, June 30th on HBO. The film is dedicated to revisiting couples for whom Block shot wedding videos to inquire about the current status of their unions. The subject matter seems relevant to many people, as it is already getting the attention of some who were not even yet aware of the particular film.
The State of Marriage
The article recounts a woman who overheard Block talking about the concept of the film feeling compelled to begin a discussion with him about the state of her own marriage. It may be unsurprising and even expected that the subject of the film would capture many people’s attention, as many couples in marriages struggle to navigate them successfully. The concept of the film of looking backward and reflecting as opposed to hoping for the best in the future is particularly interesting.
Many individuals of the baby boomer generation may suddenly find themselves continuing in or resuming their role as caregivers. Only this time, instead of providing care to their children, they are caring for their elderly parents. Many are happy to do what they can for their parents while they can, fully realizing that older generations will not be around forever. Further, many adult children feel that they owe their parents a certain bet of gratitude for all they did for their families and the world around them.
Strengthening Marriage while Providing Care
Despite the privilege of having elderly parents, caring for them can bring its own set of challenges. Specifically, as discussed in a recent article, many baby boomers may experience challenges to their marriages as they struggle to care for their aging parents. This is due, in part, to the increased stress many people feel as they take on the responsibility of caregiver.Here are some tips to deal with the stressful situation of being an elderly parent’s primary caregiver while keeping your marriage strong at the same time:
According to the Family Studies website, previous data that suggested the divorce rate has been on a steady decline since the 1980s may be wrong. A new paper denounces those statistics and instead argues that the rate of divorce has not only gone up, but has risen to record highs. Read on for more about their position and the reasons behind it.
Why the Error?
Researchers are blaming poor data collecting as the reason behind the faulty previous numbers, which painted a more optimistic picture of divorce rates in the U.S. Even if individual counties accurately collected data related to divorce statistics, states then had to compile it and turn it over the the Census Bureau to put the data together on the national level. Something was lost in the process. In addition, it is believed that in the mid-1990s the federal government ceased offering financial support for significant state collection. Some states stopped reporting entirely, ultimately muddying the pool of information related to divorce rates.
There are many people who dream their entire lives of becoming parents. For those who are not able to have their own biological children, this dream might never become a reality if it was not for the option to adopt. Others may choose to adopt outright and provide a loving home to a child in need. Whatever the motivation, adoption is a noble cause that can prove to be a fulfilling life decision for all of those involved.
Questions About Adoption
Many who consider adoption likely have a variety of questions and concerns about the adoption process. While it is advisable to discuss specific situations with a licensed attorney, here are some common questions asked by many prospective adoptive parents, taken from the National Adoption Center website:
What types of children are available to adopt? In the U.S., there are about 101,000 children up for adoption. These children are all ages, but most are school age and older. Some have disabilities. They are children of all races and backgrounds, though minorities make up more than half.
Couples who decide to divorce face a difficult decision, particularly when children are involved. Many parents worry about their child’s well being throughout the divorce process, however, many cases suggest that parents themselves are the ones who have the most impact on their child’s ability to bounce back after the marriage has ended. While one may be hard pressed to find someone who would not do anything they could for their child, divorce proceedings may appear to be an exception to that rule. Some parents may let their contempt for the other parent cloud their judgement and use children as a weapon, whether it is intentional or not.
Causing Damage
A recent article suggests that children of divorce can suffer far-reaching and life-changing damage when not treated properly. Children are often victims of divorce, and they are sometimes used by parents as weapons to hurt one another in the breakdown of the marriage. This tactic not only deviates from doing what is in a child’s best interest, but truly hurts the child’s well-being in a very real way. Parents often think that divorce is an adult process, but children’s lives are just as impacted, if not more.
According to a recently published article, many divorcing couples, including those of the celebrity variety, are shifting the focus of their custody battles from child custody to pet custody.
More Common Occurrence
While people generally may expect some type of custody battle to ensue between a divorcing couple regarding their children, they are probably less likely to anticipate the same type of disputes over family pets. However, in the legal world, disputes over the custody of pets are becoming more common in connection with divorce proceedings. Perhaps this is not so surprising when one considers that people in America are spending more money than ever before on their pets, many couples who would otherwise be having children are delaying parenthood, and more and more people are forming a bond with their pets that causes them to treat the pets more like members of the family. The law is just now trying to catch up to this cultural status change for families’ furry friends.
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