Posted on July 28, 2016 in Domestic Violence

Put yourself in the shoes of a domestic violence victim. You have faced abuse and left your relationship, but you are still struggling to deal with your abusive spouse. Your spouse constantly shows up at your house, taunting and terrorizing you and leaving you no choice but to call the police multiple times. One night, your spouse breaks down the door of your home and attacks you. Police and emergency medical personnel are needed to remove your spouse and get you to safety and treatment. You recover, but suddenly get news that you are being evicted from your home. Does this situation sound outrageous? Unfortunately, many domestic violence victims face eviction simply for being victims of abuse. How does this happen? Here is what you need to know about domestic violence and eviction.

Nuisance Laws

According to a recent survey of over 70 social and legal service providers, domestic violence victims account for over 10 percent of all evictions nationwide. How is this happening? One major way that domestic violence victims are punished for the crimes committed against them are nuisance laws. Many communities have passed laws and ordinances that hold property owners responsible for any crime that occurs on the property the own. If enough criminal activity happens on the property and law enforcement is needed multiple times, the property can be labeled a nuisance. Once labeled a nuisance property, the property owner faces fines and may be instructed to evict any renters on the property. While preventing drug trafficking and gang activity is worthwhile, and nuisance ordinances nationwide have helped in that regard, they also unfairly put many domestic violence victims on the street. Despite a tenant being a victim of domestic violence themselves, they are still renting a nuisance property and may face eviction.

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 Posted on July 26, 2016 in Divorce

Any major life change can be stressful, and divorce is certainly no different. Even the most amicable of divorces can feel overwhelming, with meetings, phone calls, court dates, and more. Some face greater challenges during their divorce than others, but most every divorcee can agree that their divorce left them stressed and emotionally drained at one point or another. It is important that those going through a divorce seek out ways to relieve their stress. Keep in mind that while divorce is an uncomfortable process, it can lead to significant happiness later, so the goal should be to simply get through the process and reach a fair outcome. Here are a few simple tips those going through a divorce can follow to reduce their stress levels.

Set Goals

For many, divorce is a time of uncertainty. It is easy to be stressed and anxious if the future is unknown. Those looking to reduce their divorce stress should set goals for themselves. These can be small, like making new friends, or big goals like finding a new career or mapping out your next living location. Any step you can take to make you feel more in control of your life will help alleviate your anxiety. Make an effort during your divorce to pursue these goals, and you will find yourself feeling more grounded and less consumed by emotion.

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 Posted on July 21, 2016 in Division of Assets

Property division is an important aspect of divorce. When a married couple decides to separate, they must reach an agreement on how their assets will be divided. Many people believe that in every divorce case, assets are divided 50/50 and half of the total marital assets are given to each party. This, however, is a common misconception. In a few states - Louisiana, Idaho, and California, for example, marital property is divided evenly down the middle and distributed to each party. In Illinois, however, and the majority of other American states, marital property is divided fairly and equitably, but not always equally. This means that in some cases, one spouse may end up receiving a larger amount of marital property, depending on the circumstances of the divorce. If property is not divided evenly, how does the division process work?

Many Factors

Under Illinois law, if a couple is unable to reach a property division agreement themselves, the division will fall to a judge. Once in court, the judge will review the unique circumstances of the divorce case, and decide from there how to equitably divide the couple’s marital property. This decision is impacted by a number of factors. These include:

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 Posted on July 19, 2016 in Divorce

Divorce can be tough, both on your emotions and your wallet. Even amicable splits can leave people hurting financially, so it is important that those with a divorce in the future take steps to protect themselves. Seemingly minor actions like monitoring your credit score and opening up a new bank account can help you land on your feet post divorce. It is a good idea to review a few key actions you can take to protect your finances both during and after your divorce.

Gather Information

The first step in protecting your finances, and a very important one, is gathering all of your important financial information. Specialists recommend digging out documents covering the past five years - items like pay stubs, tax returns, bank account statements, and property information. These will all come in handy when it comes time to start negotiating with your soon to be ex. For those in need of extra protection, consider making copies of all of your important documents and store them outside of your home. A trusted friend or family member can hold on to them for you, or a private deposit box works as well. Just ensure that all of your important documents will be available when it comes time to discuss them.

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 Posted on July 12, 2016 in Divorce

Will robots one day replace divorce attorneys? It is not likely, as many couples have complicated divorces that require the help of knowledgeable divorce lawyers, but new tools to help settle disputes and even help couples with divorce are popping up all over Europe and Canada. How do these tools work? Can couples really navigate divorce using only an online tool? Will these types of programs rise in popularity in America too? Here, we explore the rising trend of online dispute resolution technology.

Settling Disputes

The online auction site eBay has long been an example of a successful online conflict resolution system. The system allows eBay buyers and sellers to settle any disputes they have through an automated system, which leads users through a series of questions and explanations that guide the users towards a settlement. Annually, 60 million disputes are handled each year by eBay’s automated system, and while real human help is available for cases that are more difficult to resolve, a majority of eBay’s annual disputes are handled without human adjudicators.

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 Posted on July 07, 2016 in Child Custody

Modern parenting is quite different from the parenting of past generations. Many of today’s parents are in co-parenting arrangements, meaning they are either divorced or separated but both maintain responsibility for their child. Parenting with an ex does have it’s unique challenges, but co-parenting arrangements are often the most ideal outcome of divorce for the children involved, as maintaining a healthy relationship with both parents is vital to a child’s well-being. There are many factors that contribute to a successful co-parenting relationship. Both parents must be willing to set aside their differences, communicate well, and agree to focus solely on the needs of their child. If you are a co-parent, or are about to start co-parenting, pay attention to these three factors that are essential to any healthy co-parenting arrangement.

Avoid Conflict

As one would imagine, co-parenting with someone you have previously been married to can be challenging. Your relationship ended for a reason, and both you and your ex are likely holding on to some unresolved emotions. Whether you wanted the relationship to end or not, a marriage ending is a life-altering event. You and your partner made plans with each other and envisioned a life together, and now, that is no longer the future. It is normal for both parties to grieve the end of their marriage, and feeling angry is part of the grieving process. That said, it is important that you avoid conflict when co-parenting. Children need a healthy, conflict-free environment, and also need to know that they have the love and support of both of their parents. Despite any feelings you may have towards your ex, the focus has now shifted to your child. Anything else comes second.

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 Posted on July 05, 2016 in Divorce

Did you know that in the United States divorce laws vary state by state? State, rather than federal, laws regulate divorce, meaning that divorce processes and procedures may be different in individual states. Of course, much of the process remains the same no matter where you live, but there are a few components of divorce that change depending on the state in which you file. Here are a few common divorce considerations that can vary from state to state.

Before You Can File

People often believe they are required to get divorced in the state where they were married. While that is not true, many states do have residency requirements in place, meaning that you are required to live in that state for a set time period before you will be eligible for divorce. States such as Alaska and Iowa have no set residency requirement, meaning a couple can divorce there at any time. Other states, like Rhode Island and New Jersey, have wait times of a year or more. Illinois requires a 90-day residency period before allowing divorces. Be sure to review the residency requirement in your state. If you do not meet the residency requirements in the state you are currently in, you can either focus on saving your marriage if possible, plan to proceed with the divorce after the period has ended, have your spouse file if they do meet the requirement, or find another state that requires less time to file.

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 Posted on June 30, 2016 in Mediation and Collaborative Law

Once you and your spouse agree to a mediated divorce, the next step is finding the right mediator to handle your case. Choosing a great mediator is important. This is the person you will be working through very personal, complex matters with. You will discuss financial and legal issues, communicate your feelings and thoughts, plan for the future of any children you may have, and more, all while a mediator helps guide you through the process. You need a mediator you can trust, who has experience, and one you can rely on to help you and your spouse make sound decisions. When searching for the right mediator, here are four tips to keep in mind:

Education

Any mediator you choose to work with should be highly qualified. This means they should have significant education in mediation and dispute resolution, and have continued training and learning throughout their career. Ask any potential candidates how much education they have received. Do they have an advanced degree in conflict resolution? Or any certifications? A legal background is also beneficial, as the mediator you choose with also be providing you and your spouse with legal information throughout the process. If you get any sense that a mediator in question is not educated enough to properly handle your mediation, look elsewhere. You need to have full faith that your mediator knows how to properly handle your case.

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 Posted on June 29, 2016 in Divorce

Divorce is a mentally, financially, and emotionally complicated process for all involved. However, there are studies that suggest women may bounce back faster from divorce. Gender roles, social influence, and feelings about independence are all thought to be factors in their resiliency, but the extent of their impact is unclear. Further, there may be other, unknown contributing factors. Whatever the reasons, it would appear that women have more to gain from divorce, at least on the happiness front.

Women Have Fewer Regrets

Although both parties play a role in both the dissolution of a marriage, a national study found that 73 percent of women have no regrets about ending an unhappy marriage. This was compared to just 61 percent of men with no regrets. Women were also found to value happiness, success, and even loneliness over the idea of staying in a marriage that made them miserable. In contrast, only a little more than half of all men (58 percent) reported similar feelings. Furthermore, women were said to be less afraid of independence than men.

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 Posted on June 29, 2016 in Mediation and Collaborative Law

Divorce is almost always a complex process, but not every couple wishes to spend their days feuding. Some simply know that divorce is the right step to make and, in order to preserve the memory of their marriage, or to give one another the chance to start anew, they desire a way to complete the process as quickly and as amicably as possible. For these couples, divorce mediation may be a viable option. But is it really right for your divorce? The following points may help you decide.

Why Choose Mediation?

Before determining if mediation is right for your divorce, it is first important to understand what mediation is, and what it is not. Often less expensive and time-intensive than traditional divorce, mediation allows couples to dissolve their marriage in a more peaceable manner. You do not lose your voice, or your decision-making power in this process. In fact, if anything, mediation usually encourages quite the opposite. You and your soon-to-be ex-spouse must be willing to communicate in an effective manner, one that allows you to make equitable divorce decisions. Mediators, who remain an impartial party in the process, can help you consider and understand the factors in your divorce, as well as how the decisions you make may affect your family's life in the future. However, it is up to you and your ex to make the final call in your divorce.

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