Posted on April 12, 2019 in Divorce

Many spouses are turning to divorce mediation as an alternative to the lengthy and costly process of divorce litigation. Mediation involves the two spouses directly negotiating the terms of their divorce, with an impartial mediator guiding them through the process. By working together, the spouses can reach a mutually beneficial agreement without the vitriol that can come with litigation. You may be considering mediation for your divorce but are unsure whether the process is right for you. Here are the answers to common questions about divorce mediation:

1. Is Mediation Only for Amicable Divorces?: Mediation works best when both spouses can cooperate with each other, but it can still work even if you and your spouse have a contentious relationship. Part of the mediation process is teaching you how to reach an agreement in spite of your differences. The mediator is there to help defuse unproductive arguments. The most important requirement for mediation is your willingness to communicate and behave reasonably.

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 Posted on April 03, 2019 in Divorce

Changing your last name after your divorce is an empowering step that helps signify your disconnection from your husband. You have little reason to keep his name unless you want to share the same last name with your children. The process for changing your name can be fairly simple and quick if you want to revert to your maiden name. However, the name change will affect many aspects of your life, and it will take time to make all of the necessary updates.

Name Change Process

As part of your divorce agreement, you can decide to change your last name back to your maiden name, which the divorce court will approve. Taking on a completely new last name is a separate process that may take more time. If you did not reclaim your maiden name during your divorce, you can still change your last name after the divorce by:

• Filing a petition to change your last name;
• Publishing a notice in a local newspaper about your hearing to change your last name; and

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 Posted on March 28, 2019 in Divorce

Leaving your marital home after your divorce can be difficult for both personal and financial reasons. Personally, you may no longer be living with your children and will see them less often. Financially, you will need to pay for a new home after previously investing in your marital home. If you think it would be easier to continue to live in your marital home with your former spouse, understand that there is a precedent for this living arrangement. However, you will need to settle legal issues and figure out how you can live separately within the same home.

How It Works

Divorcees who stay in the same home choose their own living areas where they can have privacy from each other. They can create a schedule for when they will use common areas, such as the kitchen. As part of the divorce agreement, they can clarify who is responsible for:

• Upkeep of the home;
• Purchasing food;

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 Posted on March 22, 2019 in Relocation

A co-parent who wishes to relocate with his or her children bears the burden of proving why the move is in the best interest of the children. There can be several reasons why children may benefit from relocating, such as:

• Better education;
• A more diverse community;
• Proximity to family members;
• A higher standard of living; and
• Employment opportunities for the primary parent.

However, the court must also consider how the relocation would affect the other parent’s rights. Regularly visiting each parent is often of the greatest benefit to the children. A court may reject a relocation petition if it is unconvinced that the children will be in a clearly better living situation than they are currently.

Recent Example

In the case of In re Marriage of Fatkin, a divorced father asked to relocate his two children from Illinois to Virginia. The father, who had a greater share of the parenting time, had not found full-time employment where he was living and wished to move into his parent’s home in Virginia Beach, where he grew up and had a job waiting for him. He cited several ways that his children would benefit from the move:

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 Posted on March 14, 2019 in Divorce

There are several formulas that researchers use to try to better understand the divorce rate in the U.S. The crude divorce rate compares the number of divorces to the total population, which can skew the number because it includes people who cannot marry. The refined divorce rate compares the number of divorces to the number of married women, giving a more accurate total. There is also the marriage-to-divorce ratio, which compares the number of divorces to the number of marriages. The National Center for Family and Marriage Research recently released a study that states that there were 2.2 marriages for every one divorce in the U.S. in 2017.

What Does It Mean?

It is common for there to be more marriages than divorces in a given year, even during periods when the divorce rate is considered high. The 2.2 marriage-to-divorce ratio is the highest that the National Center for Family and Marriage Research has recorded since it started the study in 2008, though it is still well shy of the estimated 3.0 ratio in 1970. Other facts to keep in mind include:

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 Posted on March 06, 2019 in Divorce

Your medical needs and their related expenses increase as you approach the age of becoming a senior citizen. This means health insurance is a vital issue during a gray divorce, a term that describes divorce between spouses that are age 50 and older. You need continued coverage, but it may be more expensive for you than for younger people who are divorcing. You must consider your health insurance expenses when negotiating your divorce agreement.

Coverage Change

Getting older typically means more frequent visits with doctors. You are also more likely to need an expensive medical procedure and be prescribed regular medication. Losing your health insurance would be devastating to your personal finances because you would be paying those expenses out-of-pocket. Getting divorced may change how you receive and what you pay for your health insurance. If you are already on Medicare, you can continue with that coverage. Otherwise, you will need to sign up for:

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 Posted on February 27, 2019 in Child Support

Illinois calculates the percentage of child support that each parent owes based on their comparative net incomes. The parent who earns a greater income will pay a proportionate share of the child-related expenses. However, child support can be more complicated when one of the parents has an income that varies by month, due to:

• Working overtime;
• Receiving bonuses; or
• Working for a commission.

Extra pay is part of a parent’s net income but usually not included in the child support calculations. How do you ensure that your co-parent is paying a fair amount of child support when he or she cannot give a consistent monthly income? There are three methods of dealing with this:

1. Calculating the Average: You can add your co-parent’s income from a period of several months and determine his or her average income, which becomes the basis for the child support payments. This is the simplest method because you are establishing a consistent income amount. However, it can be the least accurate depending on how much your co-parent’s income fluctuates. You may need to revisit your child support payments if his or her monthly income greatly deviates from the past average.

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 Posted on February 20, 2019 in Guardianship

Your parents may reach a point in their old age that they are no longer able to make decisions about the important matters in their lives. Ideally, you will prepare for this possibility with them by creating a power of attorney for healthcare and finances. If you do not have these documents, you can request adult guardianship for a parent. If granted, the guardianship will allow you to manage your parent’s finances and decide how to proceed with medical treatment and living arrangements. However, you must consider the potential consequences before applying for adult guardianship:

1. Will Your Parent Contest It?: It can be infuriating for an adult to cede the ability to make his or her own decisions. Your parent may have enough self-awareness to fight your attempts to take control of his or her life. Of course, this does not mean that your parent is mentally fit, but you may end up in a bitter court battle to obtain guardianship. Your parent may feel humiliated by the evidence that you present to prove that he or she needs a guardian. No matter the court’s decision, your relationship with your parent may be strained.

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 Posted on February 13, 2019 in Divorce

Whether you are in the middle of a divorce or have already finished, your first Valentine’s Day after leaving your spouse can be emotional. Seeing other couples celebrate the holiday can make you feel lonely – not for your spouse but for the relationship you have lost. Valentine’s Day does not need to be a depressing event for you. With the right approach, you can find other ways to enjoy the holiday.

What to Avoid

It is wise to not treat this Valentine’s Day as a romantic holiday by going out on a date. If you are in the process of divorce, spending money on a romantic evening could be construed as you wasting marital assets or showing that you do not care about your divorce. If your divorce is complete, you must consider whether you are emotionally ready to start dating again. In general, you should avoid:

• Going to places that are popular for date nights, such as nice restaurants and movie theaters;

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 Posted on February 05, 2019 in Child Custody / Allocation of Parental Responsibilities

Teenagers are more capable of complex thinking than younger children because of their growing maturity. Thus, it makes sense that a teenager’s reaction to a divorce may be more complicated than with his or her younger siblings. In some cases, your teen may surprise you with how well he or she reacts to the news. However, it is also common for teens to become depressed, angry, or rebellious. Though your divorce can distract you from your parental responsibilities, you cannot wait until it is over to address the issues that your teen may be having. Here are three tips for helping your teens during your divorce:

1. Communicate With Them: Teens are already inclined to spend more time with their friends than their family. Your divorce makes it likely that they will turn to their friends in order to escape the stress of family life. It is good for them to have that social outlet, but they still need you to be a guiding presence in their lives. Your teen’s friends may not know the correct way to react if he or she starts behaving dangerously, such as showing increased interest in drugs, sex, or violence.

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