Posted on July 07, 2017 in Divorce

Divorce is rarely easy, and it is not typically something that people want to endure. Still, it is sometimes necessary to ensure the happiness of both parties. So, while some spouses may experience initial resistance when they ask for a divorce, the matter is typically resolved with time. What happens, though, when the issue does not resolve, and a spouse refuses to sign the divorce papers? Are you then stuck in your marriage, or are there other strategies you can employ? Rest assured: divorce may still be an option; it may just look a little different than you expected.

Why Some Spouses Refuse to Sign

There are many reasons why a spouse might refuse to sign divorce papers. Some strongly believe in the sanctity of marriage, either because of religion or how they were raised. Others may fear judgment from their family, friends, or professional and social circles. Then there are some who refuse to sign because they are struggling to come to terms with the end of their marriage, and they may even experience so much anger and bitterness that they use their refusal as a form of retaliation. Still, there are some who have a history of emotional, physical, mental, financial, or sexual abuse and they may refuse to sign so they can maintain control over the victim.

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 Posted on June 29, 2017 in Alimony

Several matters can create contention in divorce, but few can spark as much fear and emotion as spousal maintenance. On the one hand, you have a spouse that feels they are entitled to support. On the other, you have a spouse that feels they either should not or cannot pay the amount of support requested. Who is correct, and how does a judge decide? The following explains, and it provides details on how you can contest a request for spousal maintenance.

Spousal Maintenance Basics

Despite the common misconception, alimony is not automatically awarded in divorce. Instead, it is determined by a judge. In making that decision, the judge may weigh and consider a variety of factors, including:

• Income and assets of each party,
• Needs of each party,
• Current and future earning potential of each party,
• Sources of income (private and public) of each party,
• Impairments or disadvantages in earning income,
• Standard of living established during the marriage,

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 Posted on June 27, 2017 in Divorce

When facing a high net-worth divorce, parties may question the "best" possible path. Should they go through mediation and settle? Is litigation the answer? Deciding is not always easy. Each case is unique, and the exact details do have a significant influence on the more appropriate path. Still, some considerations can help you in weighing the pros and cons of each option. The following information offers some guidance, and it explains where and why you should seek assistance before making a final decision.

Domestic Violence, Intimidation, and Coercion

Statistics indicate that one in four women experience physical abuse in an intimate relationship. Abuse rates for men, which are thought to be underreported, are about one in seven. When you add in those that are emotionally or financially abused, the rates are much higher.

Victims of abuse, intimidation, coercion, or other forms of duress are typically encouraged to go through litigation. Mediation is rarely an option, partly because it can be dangerous, but also because the victim may feel threatened into accepting an unfair settlement. If you are a victim of abuse, please talk to your attorney before undergoing any form of communication with your spouse. Not only can they help you litigate your case, but they can also assist you with an order of protection to keep yourself and your children safe.

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 Posted on June 22, 2017 in Child Custody

While divorce is stressful for everyone involved, it is children who are at the greatest risk for serious mental and emotional complications. Knowing this, parents are encouraged to do everything they can to monitor and protect their children. Learn how to recognize stress in your child, understand your options for dealing with it, and know where to seek support.

Signs That Suggest Your Child is Stressed

Indications of stress in children can vary greatly, depending on the age of the child. For example, younger children may display regressive behavior, such as bedwetting, baby talk, and temper tantrums. School-aged children may exhibit hyperactive behavior, nightmares, difficulty sleeping, trouble concentrating on school work or homework, and they may overreact to minor problems. Older children may begin to withdraw from family and friends, may also overreact to minor issues, and could be at risk for depression, sleeping disorders, or eating disorders.

Helping Your Child Cope with Divorce

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 Posted on June 20, 2017 in Divorce

Family dynamics have changed significantly over the last few decades, but there are still areas where women remain at a disadvantaged. One prime example is when they embark on divorce. Thankfully, women can mitigate against their risks in divorce. The key is to know what the most common mistakes are, and how to avoid them. The following explains further and provides some details on where to find assistance.

Understanding the Potential Risks

Women have become fully integrated into the workforce, but there are still some that choose to remain home. Some do so to care for children. Others do so because they have no need to work. Still, others simply may not have the education or skills to secure gainful employment. Whatever the reason for not being employed outside the home, these women are at a serious risk for financial disadvantages after the divorce.

The risk for women increases even further if they have not actively participated in the management of her marital finances. Not only does it make it difficult for her to know what she might be entitled to, but it also puts her at risk of asset hiding or dissipation. Without proper documentation, certain assets could also be undervalued, which decreases the overall value of her marital estate and affects her divorce settlement.

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 Posted on June 13, 2017 in Divorce

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent a substantial overhaul in 2016, but many couples still do not fully understand what these changes mean. More specifically, the impact and implications of a "pure" no-fault divorce are often misunderstood. Learn more about no-fault divorces, including what they are and why it matters.

Dividing Legal and Emotional Aspects of Divorce

Before the changes to the IMDMA occurred, couples had to provide a reason for divorce. Moreover, the term "irreconcilable differences" only applied when it could be determined that the marriage was irretrievably broken, or that reconciliation was not in the family's best interest. As such, divorces often brought up emotional elements that hindered the legal process, pitted one spouse against the other, and caused unnecessary contention in the courtroom.

Now, with no-fault divorce, the reason is no longer relevant. Instead, the courts have separated the emotional element of divorce from the legal process. Doing so has helped many couples find their way to an amicable split, which is highly preferred since it can improve the overall outcome for all involved parties - particularly children.

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 Posted on June 08, 2017 in Divorce

Arguments, disagreements, or even silent troubles over money in marriage are extremely common in America. That is because most couples are not sure how to broach the subject, yet even those who attempt to work through their money issues often feel as if at least one of them always walks away from the conversation feeling angry, hurt, taken advantage of, or ignored. Unfortunately, if the issues are never resolved, the couple then becomes at an increased risk for divorce. Worse yet, the issues that plagued them in marriage may also find their way into the courtroom.

Divorce Rarely Eliminates Money Troubles

If money has been a problem in your marriage, then it is likely that it will continue to be an issue during your divorce. Part of this is due to the very nature of divorce - the way it pits one party against another - but it can also be a lingering symptom of unhealthy money habits, behaviors, and conversations. For example, if one party is a saver and the other prefers to spend, then there one spouse may need to take steps to prevent dissipation of the marital estate. Alternatively, if the couple regularly argued over the contributions that a stay-at-home parent made, their work may continue to be devalued by their spouse in the divorce proceedings.

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 Posted on May 29, 2017 in Divorce

Divorce is more than just severing marital ties; it is also a new start. For some, that new start could be exactly what is needed to advance a career or grow a business. However, one should be aware that there are many financial risks tied to divorce. As such, it is crucial to start building a post-divorce financial plan as soon as reasonably possible. The following information can help you get started. It also provides you with insight into the divorce process and its potential pitfalls.

Examine Your Finances and Expenses

In marriage, you and your spouse likely shared income and expenses. Post-divorce, the income you earn will be yours, but so will your expenses. As such, it is crucial that you know what money you have coming in and what you are paying out. Perhaps even more important is knowing where that money is going; knowing this can help you shave off the excess. For example, if you are the one that pays the cable bill, but you rarely watch television, you can remove it from your planned monthly expenditures.

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 Posted on May 25, 2017 in Child Custody

Although the divorce rate has fallen over the last several years, there are still many families that separate each year. When a child is at the center of that family, parents often worry if the divorce will negatively impact the mental and emotional health of their child. Countless studies suggest this could be the case, including a recent one that was supported by the National Institute for Mental Health, but there may be less to worry about than the experts let on - especially if parents know how to mitigate against the possible risks.

Examining the Possible Impact of Divorce

Society often thinks of children as "resilient" and capable of overcoming the obstacles they face early in life. On one hand, there is some truth to that. On the other hand, there is a real risk of emotional trauma. For example, children who experience parental alienation may experience long-term complications, such as disdain for the alienated parent. Alternatively, the child may have a sense that there is something wrong with them because they still love the alienated parent, despite all the "horrible" things they have allegedly done. As a result, the child may be prone to depression, anxiety, or low self-esteem.

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 Posted on May 23, 2017 in Family Law

Family violence and abuse are not a new issue in divorce cases. Many parents have had to fight to protect their children from a violent spouse. In contrast, parental alienation is a new concept in family court. However, some experts say the issue has been around as long as divorce (if not longer). Still, other psychologists believe parental alienation is nothing more than a clever defense for abusive parents - a way for them to control and punish an already beaten-down spouse. Sometimes, the latter is correct, but determining whether a case is a matter of family violence or parental alienation is rarely easy.

Parental Alienation as a Defense for Abuse

It is true that there are documented cases in which parental alienation was used as a defense strategy for an abusive parent. Retaliation and control are often the game, and the individuals who play it know how to win. They use every strategy possible. They hire bulldog attorneys that demonize an abuse victim. They propose family reunification camps that, to date, lack any evidence of efficacy. Some even issue threats to the child to encourage them to play along.

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