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Category - Divorce

Managing Your Divorce When Your Spouse Will Not Cooperate
Posted on October 31, 2018 in Divorce
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hestitant-uncooperative-spouse-reluctantMaking the decision to pursue a divorce is very difficult and should only be done after a great deal of reflection and thought. You married your spouse because you loved him or her and were ready to commit your lives to one another. If you are approaching divorce, obviously, the situation has changed dramatically. Some couples simply grow apart and are able to complete the divorce process with a level of cooperation and civility. In other cases, one spouse simply refuses to communicate or compromise, making things much more challenging for everyone involved. If your spouse is preventing your divorce proceedings from moving along reasonably, there are some things you can do.

Understand Your Spouse’s Reasons

A spouse who is being difficult during a divorce is generally motivated by something or a number of things. It is possible that your spouse is frightened of the prospect of moving forward alone and, therefore, is having trouble letting go, especially if you surprised your spouse by filing for divorce. An emotional period of transition is reasonable, but if your spouse’s behavior continues or worsens, it may be time for you to push through and complete the process despite his or her issues.

Be Sure to Write Everything Down

From the moment you decide to file for divorce, you should begin documenting anything and everything that could prove to be useful later in the proceedings. If your spouse sends you a threatening text message, save it. If he or she is taking money from your joint accounts, make a note each time it happens. Every time you have a phone conversation, take a moment to write down the time and date of the call and what you discussed. Information is your best defense against a spouse who refuses to participate in the divorce process.

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The Importance of Timing for a Claim of Dissipation
Posted on October 23, 2018 in Divorce
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dissipation, Wheaton divorce lawyersIn any proceeding for divorce, the spouses must reach an agreement regarding the division of their marital property. If they cannot, the court will equitably allocate the marital estate between the spouses, taking a number of statutory factors into account. During the process, either spouse may file a claim of dissipation, alleging that the other party has spent or “dissipated” marital assets inappropriately, and that the dissipated money should be repaid to the marital estate before proper allocation can be completed. When the spending occurred, however, is an important consideration, and one that may impact the court’s ultimate decision regarding the claim.

What Is Dissipation?

Under Illinois law, dissipation is a spouse’s use of marital for his or her own personal benefit and not for the benefit of the marriage. Dissipation is often alleged in cases where one party has spent a great deal of money on drugs, alcohol, gambling, bad investments, or extramarital affairs. In some cases, dissipation can also include the destruction of or failure to maintain an asset. Such actions are problematic because inappropriate spending or destruction can significantly reduce the value of the marital estate.

Dissipation Timing

If your spouse has never been very good with money, it is easy to think that years of apparently wasteful spending may constitute dissipation. In Illinois, however, both statutory law and court precedents have established that the inappropriate use of assets is only considered dissipation if it occurs while “the marriage was undergoing an irreconcilable breakdown.” While such a determination may seem subjective at best, it is intended to prevent the need for a full accounting of expenditures throughout the entire course of a marriage which may have lasted for decades. The law also provides that dissipation claims are limited to actions or spending that occurred within five years of the filing of the petition for divorce.

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Am I Entitled to Long-Term Spousal Support after My Divorce?
Posted on October 15, 2018 in Divorce
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support, Wheaton divorce lawyersUnder the law in Illinois, children have to right to expect financial support from both parents, regardless of the adults’ marital situation. The same is not true, however, for divorcing spouses. While there may be situations in which long-term spousal maintenance is appropriate, there is no inherent assumption that it will be granted. Instead, in the absence of an agreement either at the time of divorce or prior, such as a prenuptial agreement, the court will examine the applicable circumstances and decide if an order for spousal support is necessary.

Negotiated Maintenance and Prenuptial Agreements

Most aspects of divorce can be settled fairly amicably through the process of negotiation. You and your spouse may be able to reach an agreement regarding spousal support with an arrangement that works for your particular situation. Spousal maintenance provisions can also be included in a prenuptial agreement, created prior to your marriage. As long as such agreements are workable and relatively fair, they are likely to be accepted by the court.

Court-Ordered Maintenance

When you and your spouse cannot reach an agreement regarding support, the court will review the circumstances of your marriage and divorce. It will be up to the judge to decide whether or not to award spousal maintenance, and to determine the amount to be paid based upon provisions in the law. The court is expected to take into account:

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Why Are Older Couples Getting Divorced More Often?
Posted on October 08, 2018 in Divorce
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older, Wheaton divorce lawyersWhile the divorce rate seems to be leveling out for most age groups—and possibly dropping for some demographics--there is one in particular in which divorce is more common than ever. Depending upon your perspective, it may come as a surprise to learn that the divorce rate among people age 50 and older today is twice what it was a quarter-century ago. For the 65 and older age group, the rate of divorce has more than doubled. During the same period, the divorce rate for virtually every other age group has remained the same or has fallen. So what is causing the increase in older divorce, or, as some call it, gray divorce? While the explanation is probably not to be found in just a single factor, there are a number of things that may be playing a role.

Not the First Time

One of the contributing factors to increase in gray divorce is the idea that second marriages among all age groups fail at a much higher rate than first marriages, and third or subsequent marriages even more so. Just based on pure probability, and with remarriage rates at record-highs, more and more older Americans are in the midst of a second or third marriages, making them at least two and a half times more likely to experience a divorce.

Being Happy for the Long Haul

The current life expectancy for a person born in the United States is around 80 years, depending on the methodology used. This means that when someone reaches age 50, he or she still has an average of about 30 years of life ahead. According to Professor Pepper Schwartz of the University of Washington in Seattle, “A lot of marriages are not horrible, but they’re no longer satisfying or loving. They may not be ugly, but your say, ‘Do I really want 30 more years of this?’” With divorce no longer carrying the social stigma once associated with it, more couples are willing to take the risk to put the shine back on their golden years, so to speak.

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Classic Divorce Mistakes and How to Avoid Them
Posted on September 25, 2018 in Divorce
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mistake, Wheaton divorce lawyersGetting a divorce can be one of the most complicated and stressful experiences of a person’s life. Individuals with a high net worth, business owners, and divorcing spouses with children generally have the most complex divorces. Childless couples or couples who do not own property often have easier, faster divorces, but of course, there are countless factors that contribute to how a marriage ends. Whether your particular situation has confounding factors or not, there are a few steps you can take to make your divorce go as painlessly as possible. If you are planning to divorce your spouse, read on to learn about the most common divorce mistakes and how you can avoid them.

Classic Mistake 1: Overvaluing Your Financial Scenario

The Monty Python boys told us to “Always look on the bright side of life.” While optimism is a valuable tool in many situations, those getting a divorce should be careful not to be too optimistic when analyzing their financial situation. You and your soon-to-be-ex-spouse will have an opportunity to divide your combined property as a part of the divorce. Some divorcing individuals make the mistake of overestimating the financial burden they can realistically manage. For example, a spouse may have a great sentimental attachment to the family home, but would struggle to make the mortgage payment by himself or herself. In a situation such as this, it may be best to sell the family home and split the profits instead.

Classic Mistake 2: Not Allowing Others to Help

As you begin to tell friends and family about your decision to divorce, many will probably offer to help. Friends and family may say things like “Let me know if you need anything,” but often, people going through a divorce are hesitant to actually take these offers. There is nothing wrong with needing extra help with things like childcare, meal preparation, or transportation. Sometimes the help you need may just be a listening ear. Try taking your friends up on their offers to help and you may be surprised by how stress-relieving it is.

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