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Posted on in Divorce

Kane County Family Law Attorneys, Reasons to Hire a Lawyer, Lombard Divorce LawyerThe process of divorce can be daunting one. Depending on a couple’s circumstances, the proceedings can time-consuming and wrought with complexities at every turn. When added to the emotional stress and contentiousness common in a failing relationship, divorce can be nearly overwhelming. Despite the potential pitfalls, many people still attempt to complete their divorce without the help of a qualified divorce attorney.

Of those choosing to do so, divorcing individuals typically forego hiring a lawyer for  two simple reasons. First and foremost, they are looking to save money and believe that an attorney’s services are too expensive. Additionally, they do not believe their situation is complicated enough to require representation, or at least not complicated enough to justify such a cost. However, despite these common misgivings, there are a number of reasons you may wish to retain an attorney to assist with your divorce.

Improved Communication

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The issue with any fight is that there isn&t always a clear end or a clear winner.  While divorce doesn&t have to be a battle, going to court may create one.  The following is things you may expect if you decide to forgo mediation and decide on carrying out a lawsuit to gain dissolution to your marriage.

The first thing you can expect is for a litigious divorce to take a while.  There is no arbitrary time limit that dictates how long a divorce can be in court.  It can take anywhere from months to years to differing degrees of annoyance.

The second is that the litigation may end up being quite costly.  Lawyer fees will generally mount as couples find it impossible to agree on topics like child custody or financial support.  This goes hand in hand with the lengthy process of litigating a divorce.

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While one long-held stereotype in America about divorce is a scenario in which the middle-aged husband leaves his wife for a much younger woman, statistics show otherwise. According to a AARP The Magazine survey launched a couple of years ago, "66 percent of women claimed to have initiated their split." The survey was conducted, according to the Anchorage Daily News, over more than a thousand divorced men and women, ages 40 to 79.

The age of the participants in the survey could definitely have something do with it. Attitudes and expectations of marriage and gender roles have continued to change in America, especially in the decades since their marriages. Marriage counselor Willard Harley told the Anchorage Daily News that husbands "often feel that the expectations of women in general, and their wives in particular, have grown completely out of reach."

While the stereotype that men were seeking a split may not be true, the age-old stereotype that women are more perceptive and attune to small emotional shifts may hold water. The specific finding that women are more likely to initiate divorce comes ion the heels of a larger AARP finding that "women seemed more in tune with the danger signs of a problem marriage." Men were far more likely to be caught off-guard by an ending marriage.

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According to the Chicago Tribune, the Illinois Supreme Court opened the door "to divorce for people who need guardians because of mental disabilities." It’s great news for the thousands of Illinois residents who suffer from mental disabilities, as before the law was passed, "the disabled person could not get a divorce unless his or her spouse started the process."

The state Supreme Court ruling stated that the ban "is no longer appropriate. It could leave vulnerable people at the complete mercy of spouses who abuse them or exploit them financially." Under the new law, the court will consider each disabled person individually, and allow the judge to decide on an individual basis that, "there is clear and convincing evidence that [divorce] would be in the disabled person’s best interests."

According to the Sacramento Bee, the ruling also included people "with severe brain damage," and also people with Alzheimer’s disease who were able to voice their opinion. There are a small number of states that allow a person to file for divorce on behalf of incompetent parties, according to DivorceSource.com, such as Virginia, Florida, and Michigan. Before the recent ruling, Illinois was similar to South Carolina in their ruling, that "an incompetent person may not file a divorce action through a guardian," even if both the guardian and the client believed that the divorce was in the best interest.

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Posted on in Divorce

Given the poor economic climate of the United States, a new study funded by Ohio State University makes a lot of sense.  As people are losing their jobs and drowning in credit card debt, it is hard to swallow paying for a divorce.  Most people try to separate before making a life-changing decision like divorce, but some people just stay separated.

"Long-term separation seems to be the low-cost, do-it-yourself alternative to divorce for many disadvantaged couples," said Dmitry Tumin, co-author of the study and a student studying sociology at Ohio State University. "Separation may not be their first choice, but they may feel it is their best choice."  Tumin compiled the research for this study with the help of sociology professor Zhenchao Qian.  They used data from over 7,000 people across the country who have been surveyed every couple of years since 1974.

80% of the people who went through a marital separation ultimately filed for divorce within three years.  A much smaller percent, around 5%, tried to reconcile their estranged relationships, of which half were successful.  The remaining 15% of separations neither reconciled nor divorced within 10 years of the initial split. They chose instead to remain legally married yet they live apart from each other.  The data suggested that these people were generally racial and ethnic minorities, have low education levels and income, and have young children.

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