Posted on February 13, 2017 in Divorce

Today, it is estimated that approximately 90 percent of women take their husband’s last name when they get married. Some may choose to hyphenate both names or to keep their maiden names, but the practice, at this point, is centuries old and some traditions can be difficult to break. Whatever your thoughts may be on women taking their husbands’ last names in marriage, it is relatively easy for a woman to change her name back in the event of divorce. Most divorce proceedings—at least in Illinois—allow a woman to legally resume using her former name without a separate court filing.

Children, however, are a different story. Changing a minor child’s last name after a divorce can be much more difficult and typically involves an entirely new court proceeding.

What the Law Says

When a person is an adult, he or she is presumed to have the appropriate capacity to make decisions for him- or herself. Legally changing your name is one example of such a decision. If you decide to change your name, that is up to you, and you have to the right to change it whenever you see fit, including after a divorce. Changing your child’s name is not quite so simple. If your child is still a minor and you wish to change his or her name, you may need to take your matter before the court. According to the Illinois Code of Civil Procedure, a name change for a minor child will only be permitted if you provide clear and convincing evidence that the change is in the child’s best interest.

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 Posted on February 09, 2017 in Family Law

Marriages have certainly changed in the last hundred years. The days of an I Love Lucy cookie-cutter relationship are all but gone, and marriages can now look dramatically different from one another. Some people marry young and stay married for 50 years. Others get married and divorced several times over the course of their lives. Still others wait to marry until they are in their 40s or older while other couples choose not to marry at all. Same-sex couples are marrying and adopting children, and blended families composed of step-children, half-siblings and multiple sets of parents and grandparents are becoming much more commonplace.

Open Marriages

There are other alternative lifestyles that exist, as well. For example, some couples choose to have an open relationship. Open relationships can take many different forms, but the underlying idea is that both halves of the couple are able to pursue romantic or sexual relationships with others. Individuals in open relationships or open marriages do not consider such extramarital activity cheating because all parties are aware of and consent to the arrangement.

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 Posted on January 26, 2017 in Divorce

Many divorce cases follow a similar pattern of events. A couple whose marriage is on the brink of failure will usually separate for a period—sometimes more than once—as the spouses try to determine their best course of action. By the time they make the decision to divorce, several months have passed, if not more. From there, the couple moves into the process of dissolving their marriage. While this is a very common scenario, it is important to understand that the legal requirements for divorce may not be what you expect.

Legal Separation

You probably know at least one person in your life who is currently estranged from their spouse but not legally divorced. If you were to ask them to define their marital status, both parties would likely say that they are separated. According to Illinois law, however, that is not entirely accurate. A couple can be only declared legally separated by a judgment of legal separation, which is similar in most respects to a divorce though the parties remain married to one another. Most couples will never be legally separated before their divorce.

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 Posted on January 24, 2017 in Domestic Violence

Beauty workers such as hairdressers, stylists, cosmetologists, and nail technicians often get to hear some of the most intimate details about the lives of their clients. There is something in the atmosphere of a salon and the connection with their stylist that makes some people—usually women—comfortable enough to share very personal stories and experiences. Sometimes, however, a client will talk about a situation which leads her stylist to wonder if the client has been the victim of domestic violence or abuse. When this happens, the hairdresser may not know what to say or do, but a new law in Illinois in intended to give beauty workers the tools to help clients in need.

Licensing Requirements

Last summer, Illinois lawmakers passed a bill that amends the licensing requirements set forth in the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Beauty workers whose licenses are issued by the state will be required to undergo domestic violence awareness training in order to qualify for a renewal of their licenses. The same training will also be required for those looking to obtain their licenses for the first time.

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 Posted on January 19, 2017 in Prenuptial Agreements

The topic of finances can be a sensitive subject for couples, especially when they are considering marriage. In fact, a recent survey found that nearly 70 percent of engaged couples “held a negative attitude about discussing money with their fiancé.” Despite these findings, it is certainly wise to have an informed discussion—and usually more than one—with your partner about assets, debts, and money management responsibilities prior to marriage. For some couples, a prenuptial agreement opens the door for this very important discussion.

What Can a Prenuptial Agreement Include?

Prenuptial agreements are legal documents that represent contractual agreements between two people who intend to marry. The terms of a prenuptial agreement can address how, in the event of divorce or death of a partner, a couples’ estate will be distributed. The prenuptial agreement will be customized and highly specific to the couple’s unique circumstances. There are no standard requirements in this kind of agreement, leaving maximum flexibility for the parties to define their wishes and expectations. Couples who elect to marry without a prenuptial agreement leave their assets vulnerable to being the requirements contained in Illinois state laws governing the dissolution of marriage if the couple elects to divorce or in the event of the death of one partner.

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 Posted on January 17, 2017 in Divorce

The internet has opened new worlds of opportunity in many areas of life. It is now easier than ever for people to find new jobs, work remotely, make instant payments, and connect with people from around the globe. The proliferation of digital technology has also forced us to rethink our ideas of what constitutes cheating or infidelity in a relationship—behaviors that can easily push married couples toward divorce. While there have always been varying thoughts on the subject, the ubiquitous nature of cell phones, text messages, and online dating sites have expanded the spectrum considerably. It also seems that there is a pretty substantial divide between what men and women consider cheating on a partner.

Most married couples—and those in a long-term committed relationship—are connected on many levels. Their relationships are typically marked by a physical connection, as well as deep emotional and psychological ties. Virtually everyone agrees that having sex with someone outside of your committed relationship constitutes cheating. But, what about breaches of the other elements of a relationship?

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 Posted on January 12, 2017 in Spousal Maintenance

In the state of Illinois, the statues covering spousal maintenance are contained in the Illinois Marriage and Dissolution of Marriage Act. Spousal maintenance—sometimes known as alimony—is not a presumed right for either spouse. Instead, it may be awarded on a discretionary basis if the court decides that it is appropriate in a particular divorce case.

When determining whether or not to award maintenance, there are a number of factors a judge must consider, such as how long the couple was married, what was the standard of living the couple enjoyed while together, and what the income is of each spouse. If spousal maintenance is awarded, law provides a formula to be used in calculating how much will be paid and for how long.

An order of spousal support—even if it is intended to be “permanent”—usually includes a stipulation that the support will terminate if the receiving spouse remarries or enters into a cohabiting relationship. Remarriage is easy to prove because marriage requires a license. Cohabitation, however, can be much more difficult to prove, especially if the ex-spouse is making a concerted effort to hide the fact that he or she is living with someone.

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 Posted on January 10, 2017 in Domestic Violence

Divorce—without any complicating factors—can be emotionally challenging for everyone involved. If, however, you add in trauma related to domestic violence or abuse, the damage, stress, and anxiety of a divorce can be truly devastating for the victim. If you or someone you love is planning on going through a divorce in Illinois and is a victim of domestic violence, it is essential that you know how to protect yourself before, during, and after the divorce.

Domestic Violence More Common than Most Realize

According to a survey of the American Academy of Matrimonial Lawyers (AAML), domestic violence in divorces is more common today than they were just five years ago. In fact, 32 percent of the attorneys surveyed said they had noticed an increase in domestic violence issues, and 36 percent indicated they had seen a rise in the number of divorces involving restraining orders. More than half (63 percent) believe that domestic violence needs to be better addressed by the family court system.

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 Posted on January 07, 2017 in Divorce

Divorce is a difficult and painful process for everyone involved. However, children tend to be the most vulnerable to the stress and changes that accompany the separation. As such, parents need to be sensitive to the struggles that children face, and they should know how to help them cope. If you are about to embark on divorce, the following tips can help you and your child. It also provides some key details on how to ensure your child’s best interests are protected throughout the entire process.

Focus on What Is Really Important

As a parent, you want the best for your child, but, as a divorcee, you are going to go through your own set of feelings. You might feel angry, betrayed, guilty, or lonely. You might struggle when your child goes to stay with their other parent, and that could even further exacerbate any pain or sadness you are dealing with. Unfortunately, all of that emotion can cause you to lose focus. You could behave in ways that seem out of character, or do things that you know are inappropriate or unfair. This is why it is so critical for you to maintain focus on what is really important - your child.

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 Posted on January 03, 2017 in Divorce

When you are facing the end of your marriage, you may be inclined to complete the divorce process as quickly as possible. In fact, many lawyers and law firms will even lead you to believe that faster is always better. The reality, however, is that a quick resolution is not always the best option, especially if you and your spouse own substantial wealth. It is imperative to approach each aspect of your divorce carefully, even if it means taking a little longer than you would like.

Looking for a Quick Exit

There are many reasons why you may wish to have your marriage legally dissolved quickly. You may have met someone new and are ready to pursue a relationship. Or, you may want to put as much distance as possible between you and your current spouse after years of bitterness and fighting, no matter the cost. It is not unreasonable to hope for a fast divorce, of course, but you need to be sure that you are not sacrificing too much along the way.

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