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Where You Hang Your Hat : Can Logistics Play a Role in Marital Success?
More than a quarter century ago, George Strait, an American country recording artist, released one of his most popular songs, All My Ex's Live in Texas. What may have been lyrical for Mr. Strait does not necessarily hit the high notes for the rest of U.S. divorcees.
Recently reported by The Huffington Post, Texas did not even rank in the top 10 states that may sway your marital success. The American Community Survey (ACS) ranked the following cities and their respected states as possibly hazardous to your wedded bliss:
| 1 | Panama City, Florida |
| 2 | Sierra Vista, Arizona |
| 3 | Charleston, West Virginia |
| 4 | Medford, Oregon |
| 5 | Reno, Nevada |
Advantages of Filing First for Divorce
While filing for a divorce is never easy, there are several things that you can do to make the process easier. According to Forbes magazine, you can give yourself a significant advantage in a divorce proceeding by filing first.
Being first to file for divorce has a few legal advantages in Illinois. Firstly, if you and your spouse have been separated and live in different counties, filing first allows you to have the divorce decided in the jurisdiction where you reside. Additionally, it allows you to be the first person to present your case at trial, if you should choose to do so.
Choosing to be the first to file for a divorce has several other serious advantages as well. First of all, you can assemble a file with copies of all of your important paperwork, including bank and income statements for both you and your spouse. This may prevent your spouse from attempting to hide assets later. It also allows you the time you need to prepare for the financial impact that divorce will have on your life, as well as save the funds you will need to hire your qualified divorce team.
Illinois Divorce Documentation Checklist: Ensuring Your Right to Fair and Equitable Division of Property
You struggled with the decision, but you finally concluded that divorcing your spouse will be the best course of action. You are a stickler for detail, and before you contact an experienced Illinois divorce attorney, you want to secure all personal documentation that may later be requested.
According to About.com's Divorce Support, having documents readily available to your attorney will ultimately alleviate any confusion and make the negotiation stage of the divorce run more smoothly. It is also suggested that presenting your attorney, and later the courts, an organized and complete document file provides you with more support of your case.
It is further recommended that you construct your divorce document checklist in this order:
Income
- All paycheck stubs for all sources of employment for the past year;
- For those self-employed, secure business expense reports;
Illinois Grandparents Obtaining Guardianship of Grandchildren
In a perfect world, children would be raised by their parents. But today, an increasing number of parents are unable to care for their children. In Illinois, 101,951 children under the age of 18 are being raised solely by their grandparents. Whether due to the death of both parents, substance abuse, mental illness, neglect and abandonment or other reasons, an increasing number of grandparents are turning to the Courts to be formally appointed guardians of their grandchildren. Types of Grandparent Guardianship of Grandchildren in Illinois
There are two types of minor guardianships in Illinois - guardianship of the person and guardianship of the estate. You may petition the Court for appointment as one or both of these guardians. There is no requirement that you serve in both capacities.
Right of First Refusal in Chicago, Illinois Child Custody and Visitation Cases
One of the sad realities of divorce is that each parent has less time to spend with their children. But in 2013, the Illinois legislature passed a law that would maximize the amount of time parents can spend with their children, regardless of the final division of child custody. The new law, which amended the Marriage and Dissolution of Marriage Act, went into effect on January 1, 2014, and allows the Court to grant parents a right of first refusal for child care in child custody and visitation agreements.
The Right of First Refusal in Child Custody Cases
A right of first refusal gives the non-custodial parent (the parent who is not currently caring for the child) the right to provide child care if the other parent needs a babysitter or other child care provider. For example, if the mother has primary custody but must put the children in daycare during the week while she works, she must first offer the father the opportunity to care for the children. If the father accepts, then he will be able to care for the children while the mother is at work, without the extra time being counted against his regularly scheduled visitation. If the father refuses, then the mother is free to put the children in daycare.
Stepparent Visitation in Illinois Child Custody Cases
Roughly half of all Illinois marriages end in divorce. The number of women going the nontraditional route of children first, marriage later (and often to partners who are not their child's parent) is also rising, particularly among women who have children in their 20s. These two facts combined result in a society in which blended families have become commonplace. And contrary to the myth of the cold, selfish and jealous stepparent, many play a pivotal role in raising their partner's children, and grow to have loving, caring relationships with their stepchildren.
But this relationship may be severed completely if the death or disability of the child's parent results in custody being given to the non-custodial parent or grandparents, who may hold ill-will toward the stepparent. In these situations, Illinois law grants a stepparent the right to petition the Court for visitation.
Grandparent Visitation in Illinois
Many of us know doting grandparents. They often brag about their grandchildren's every accomplishment and share an endless stream of photos on Facebook (the digital equivalent of photo-stuffed wallets). And grandparents undeniably have a lot to offer their grandchildren, such as a link to the past, unconditional love and valuable advice on the future.
But what if the grandchildren's parents refuse to allow the grandparents visitation rights? Do the grandparents have the right to visitation? The answer is yes, under specific circumstances.
Illinois Law on Grandparent Visitation
In 2005 and 2007, Illinois amended the Marriage and Dissolution of Marriage Act to allow grandparents, great-grandparents and siblings to petition the Court for visitation. The law presumes that a parent's decision denying contact between grandparent and grandchild does not harm the child's physical, emotional or mental health. Therefore, the grandparents have the burden of proving that the parents' denial of visitation is “unreasonable” and harms the child in some way.
Mediation in Divorce – Benefits to Both Parties
Filing for divorce is almost always a difficult and time-consuming process for all parties involved. When the parties cannot agree on various terms and conditions necessary to the finalization of the divorce, such as how to divide assets, child support, and child custody issues, emotions can get hot. The "traditional" divorce involves litigating the matter within the court system. The process of traditional litigation ultimately means that crucial decisions are made by a judge, and not by the individual parties. In addition, a litigated divorce is often more costly and time-consuming than one settled through other channels.
As a result of these challenges, many couples are now choosing to turn to mediation to settle the issues that accompany any divorce, including division of marital assets, benefits from pension funds, maintenance, issues regarding child support, custody, and visitation.
Divorce Mediation in Illinois
Child Support: The Court's Discretion
One of the fundamental questions decided during a divorce revolves around child support. In virtually all cases involving minor children, the parent with whom the children will primarily live - the custodial parent - is entitled to receive monetary assistance from the non-custodial parent to help with the needs of the children. In Illinois the laws established a formula for determining the measure of child support that is appropriate under different circumstances.
The Law in Illinois
Child support in Illinois is considered a duty owed to the child or children directly - not the former spouse. This obligation includes the educational, physical, mental, and emotional needs which are reasonable and necessary for the support of the child. For purposes of child support, all children under the age 18 (or 19 if still in high school) are included. Illinois statute sets forth the minimum amount of child support required based on the number of children under the legal age. Accordingly, the statute correlates the number of children requiring support with a percentage of the supporting party's net income.
Collaborative Law in Family Disputes
Collaboration during a hotly contested issue is often difficult for the parties involved, but the rewards can be greater because the parties reach a mutual resolution together. Collaborative law is a form of alternative dispute resolution. Regardless of the situation in which you find yourself, this method of dispute resolution is an option that should always be considered.
How it Works
Collaborative law is not about taking sides. Typically, these negotiations see the conflicted parties negotiating with each other to reach a mutually beneficial outcome. As this is a voluntary process, the parties must agree to pursue this form of dispute resolution, but the benefits of doing so include a reduction in the amount of money spent on the conflict, and a reduction in the time necessary to reach the desired resolution.
As part of the process, each party still retains their own individual attorneys to assist with the collaborative law process and settlement of the disputes at issue. Additionally, other professionals, such as a financial advisor, may be included in the process to develop equality in the division of all assets and debts of the parties. Because this is a voluntary process, the parties have to agree, via a contract, to disclose relevant documents and information pertinent to the issue. The parties also agree to be respectful to each other and the process. Additionally, the process includes agreements meant to protect children, avoid court, share the costs of any necessary experts, and above all, seek amicable solutions to the issues they face.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
110 N. Brockway Street, Suite 220, Palatine, IL 60067
847.873.6741
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