For a large number of divorcing couples, property division is among the most challenging aspects of the entire divorce process. Of course, much of the difficulty depends on how long a couple was married and how much property they accumulated during the marriage. Couples with few or no assets of significant value may be able reach an agreement rather easily, while couples with more complex concerns may end up having to finalize their arrangement through court proceedings. When the court gets involved, the division of property in divorce is governed by the state’s equitable distribution guidelines.

Determining and Valuating the Marital Estate

Prior to the application of equitable distribution principles, the court and the couple must establish what is to be considered marital property. A previous post covered marital and non-marital assets in greater detail, but, in short, marital property is any property acquired by either spouse during the marriage, with certain exceptions for assets such as gifts or inheritances.

Filing for a dissolution of marriage, or divorce, may leave some people wondering if their petition will be granted. When you file the paperwork for divorce, you must state why you are filing the petition. If a judge decides the grounds, or reason, you stated on your paperwork and evidence is not sufficient, your petition may be denied and the process will have to start over again. Speaking with an experienced divorce lawyer before you file your petition for a dissolution of marriage can save you unnecessary steps during the process.

Illinois allows the petitioner to file for a "grounds" or "irreconcilable differences" divorce. A divorce on specific grounds is generally attributed to the fault of one partner, while one based on irreconcilable differences is commonly called a "no-fault divorce."

Irreconcilable differences divorces are becoming the most common type of marriage dissolution. The spouse filing the petition does not have to list one specific reason for the divorce. Instead, he or she must sufficiently prove that there has been a breakdown in the marriage and reconciliation is not possible. In Illinois, filing for an irreconcilable differences divorce requires the couple to live apart for at least two years. If both spouses agree the marriage should end, a waiver is available for both spouses to sign to have the time limit waived. Signing the waiver means neither spouse is going to contest the proceedings.

Hiring an attorney to handle your divorce can be among the best decisions you will ever make. However, hiring an attorney and not investing yourself in the process can be among the worst decisions you will ever make. Divorce, obviously, can be very difficult under the best of circumstances, but by being an active participant along with your lawyer, you may find the effort to be reflected in the final result.

During your initial consultation and meetings, your attorney will likely ask you to take responsibility in certain areas. Doing so can make the entire process easier and more efficient, no matter the challenges that your case presents. Whether explicitly requested or not, your attorney will appreciate that you:

• Communicate with Your Lawyer: Your attorney is a legal professional, not a mind-reader. You must understand what your goals and values are and communicate that to your lawyer so that you are working in the same direction. In addition, maintain regular contact and provide pertinent personal updates throughout the process. A clear understanding of your situation can help your attorney best represent your position.
• Be Organized: This includes keeping records of the divorce proceedings, as well as carefully organizing financial statements or other documentation necessary to the process. Handing your attorney a stack of jumbled papers rather than an itemized list of expenses and income, for example, does not do anyone any good.
• Show Up and Be on Time: At this particular point in your life, your divorce needs to be a high priority. Skipping appointments with your attorney is not a good idea, while being late for or missing scheduled court proceedings can be devastating to your intentions for the case.
• Comply with All Court Orders: Whether they are related to child custody, support, or anything else, an order from the court must be obeyed. Failure to do so can have a serious impact on the ultimate outcome of your divorce.
• Pick Your Battles: You may be inclined to fight over every detail with your soon-to-be ex-spouse, and while you may be legally entitled to do so, prioritizing what is most important to you may be a better option. Be willing to let certain things go and focus your energy on the most critical issues. The process will often move faster, resulting in lower stress in addition to lower attorneys’ fees and court costs.
• Be Respectful: Do your best to maintain a high level of civility at all times. This includes the court staff, attorneys, and even your spouse, no matter how difficult it may be. Your approach to the case can directly impact the attitude of the court and the overall outcome of your divorce.

If you are considering divorce and would like more information about taking control of your case, contact an experienced Arlington Heights divorce attorney. At A. Traub & Associates, our compassionate legal team is prepared to work with you in providing the best professional representation available. Call us today to schedule your initial consultation.

Marital and family experts offer a wide variety of advice on how to improve a marriage and to make divorce less likely. Interestingly, however, recent findings suggests that marital stability can possibly be found in a surprising source. It turns out that modeling life after the movies may be just the thing to save your relationship.

According to a study conducted by researchers from the University of Rochester and UCLA, "newlywed couples who watched romantic films together were at a decreased risk for divorce." The research team divided 174 participant couples into four groups that received different levels of couples’ therapy. Two of the groups underwent intensive counseling, focusing on relationship skills, while a third group was given relationship awareness counseling. The last group served as a control, and did receive any counseling.

The study took place over three years. Couples undergoing relationship awareness counseling were instructed to watch romantic comedies together and then talk about the themes presented in the films. At the end of the study, couples that had undergone relationship awareness therapy and watched the films had a comparable and slightly lower rate of separation than couples in structured counseling groups. 13.3 percent of couples that had watched the films had separated compared to 13.4 percent of couples in counseling groups.  Just less than 25 percent of couples that underwent no counseling at all had separated.

This past weekend, the attention of the entertainment world focused on the Dolby Theater in Hollywood, California, for the annual Academy Awards ceremony. Officially called The Oscars since 2013, the awards recognize accomplishments within the film industry, including performances, music, and of course, the movies themselves. For many actors and actresses, winning an Oscar for a performance in a motion picture represents the pinnacle of their career. While such recognition may carry significant professional benefit, a recent study suggests that men who win an Academy Award have an increased likelihood of divorce.

It is very easy to be dismissive of celebrity divorce statistics, because to many it seems that celebrities marry or divorce more often than "normal people" anyway. However, the research conducted by Michael Jensen, associate professor at the University of Michigan, and Heeyon Kim, assistant professor at the National University of Singapore, sought to examine the effects of that recognition or the lack thereof can have on both professional and personal lives. Their work, entitled "The Real Oscar Curse: The Negative Consequences of Positive Status Shifts" sampled more than 1000 lead roles played by over 800 male and female actors in top films between 1930 and 2005.

Despite anecdotal examples to the contrary, the study dispelled the idea of an "Oscar curse" causing an actor to experience a career decline after winning an Academy Award. Both male and female Oscar winners, Jensen and Kim found, actually benefited from more opportunity and appeared in relatively more subsequent roles following their win. "The professional Oscar curse is, in other words, only a Hollywood myth," wrote Jensen and Kim. "The personal consequences of the Oscars are different."