Posted on September 27, 2012 in Divorce

It is common knowledge that fifty percent of marriages end in divorce. But how often do you hear numbers from beyond that general statement? In addition to variables such as age groups and multiple marriages, there seems to be a difference in the divorce rate for couples with and without children.

Divorcerate.org follows different studies and makes estimates about the divorce rate in the United States and around the world. According to the site, couples with children have a lower divorce rate than those who do not have children. The site says that the absence of children leads to loneliness and weariness, and they suggest that 66 percent of all divorced couples in the U.S. are childless.

Vicki Larson also wrote a blog about the subject in the Huffington Post divorce section. She talks about a study in 1948, saying that the rate for childless divorce at that time was almost double the rate of families with children. Journalist Anneli Rufus also says that 66 percent of divorcees in the United States are childless.

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 Posted on September 23, 2012 in Distribution of Assets

Divorcing is one of the most stressful life events a person can go through. According to the American Psychology Association, divorce is one of the major life events that can have serious psychological implications on both parties. Most divorces, of course, come from an already-stressful marriage. With all sorts of new challenges, such as division of property, the dueling couple might feel completely overwhelmed with the idea of separation. If you’re going through a divorce, there are some important Illinois laws regarding division of property to keep in mind.

According to the American Academy of Matrimonial Lawyers, in Illinois, "if property was acquired during the marriage there is a presumption that the property is marital." This means that even if the property is solely in your spouse’s name, it’s still considered to be jointly owned. If property was a gift, was acquired before the marriage or after a legal separation, however, it’s not considered to be jointly owned. These, of course, are important exceptions to keep in mind before even considering divorce.

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 Posted on September 19, 2012 in Divorce

The effects of divorce on children have been studied and discussed for almost as long as divorce has been a common part of the American psyche. According to Judith Wallerstein, as reported in the Huffington Post, "divorce affects children profoundly at every age, from infancy to adulthood," and the stage at which the child is at in his life will determine his reaction to the parents’ split. As a young child, the divorcee-kid will worry that he will be replaced by one parent’s new family. According to the Huffington Post, "during adolescence they say, ‘You can hope for love but you can’t expect it.’ And when they reach young adulthood, they fear betrayal and decide no to fall in love or marry because, ‘if you don’t marry then you can’t divorce.’"

These sociological trends in children of divorced parents aren’t rocket science, but they’re important to keep in mind if you’re going through a divorce and have children. And divorce may have a deeper effect on your child than his attitude toward love and marriage: a 2011 study published by the American Sociological Review and analyzed by WebMD.com, found that "children of divorce tend to fall behind in their math and social skills and may not catch up with their peers." On the other hand, "divorce did not seem to affect the children’s reading scores or ‘externalizing’ behaviors, including how often they argue, fight, or become angry."

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 Posted on September 17, 2012 in Divorce

Not so many years ago, in an American society that was arguably much more conservative than that of today, cohabitation before marriage was considered a recipe for marriage disaster. Despite the fact that the rate of cohabitation before marriage has steadily increased in recent decades, the idea that cohabitation before marriage can directly result in divorce is still prevalent today.

According to an Op-Ed published in the New York Times, "cohabitation in the United States has increased by more than 1,500 percent in the past half century. In 1960, about 450,000 unmarried couples lived together. Now the number is more than 7.5 million." In more than half of all modern American marriages, the couple has lived together before the wedding.

In 2001 the National Marriage Project conducted a survey that found that two-thirds of 20-somethings surveyed believed that "moving in together before marriage was a good way to avoid divorce." Yet according to the Times, "couples who cohabit before marriage (and especially before an engagement or otherwise clear commitment) tend to be less satisfied with their marriages—and more likely to divorce—than couples who do not."

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 Posted on September 13, 2012 in Distribution of Assets

If you’re a woman going through a divorce, you need to ask yourself two tough questions: Could your husband be hiding assets? And if he is, does that mean you won’t get the divorce settlement you deserve?

Hiding assets during a divorce is sneaky, unethical and illegal – and it happens much more frequently than most women suspect.

Unfortunately, as you go through the divorce process, your husband may try to take advantage of the situation by hiding income and/or assets. How can you tell? What steps can you take to ensure you have an accurate accounting of your family finances?

Be on the lookout for telltale signs that your husband has some dirty tricks up his sleeve and make sure you work with a qualified divorce team to ensure you have the professional expertise and support required to receive a fair settlement.

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 Posted on September 08, 2012 in Divorce

An Australian man is getting a dirtier divorce than he expected. The award by the judge is one of the strangest divorce case settlements one could possibly imagine.

The Sydney Morning Herald reported last Tuesday that the man, known only by his pseudonym, Mr. Moss, is being forced to dig up his parents& ashes after his ex-wife was awarded their family farm in the divorce settlement.

Mr. Moss created a memorial garden on the property after his father died in 2002. When his mother died six years later, her urn was buried on the property as well. According to an Australian newspaper, Mr. Moss was given 14 days to remove the headstones and urns from the property.

The judge reportedly granted the property to Mr. Moss& ex-wife because she was unemployed and unable to purchase a similar property within their community, unlike Mr. Moss, whose annual salary is $160,000.

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 Posted on September 04, 2012 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.

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 Posted on September 01, 2012 in Technology and Divorce

Almost everyone has an account on Facebook, Twitter or some other social media service. People share many personal things on social media, including how they are feeling at a given moment or what may be frustrating them. It is also easy to find old friends and ex-girlfriends or ex-boyfriends on social media, which can easily affect your emotional life and your marriage.

CBS reported a story about the effects social media is having on relationships and divorces. According to the story, social media is causing countless divorces, because men and women are discovering their spouse&s online indiscretions. A woman who wanted to remain anonymous said in the CBS story that she found out her husband was having numerous relationships with women online, and that ruined their marriage.

Social media is not only affecting marriages and relationships due to people are cheating online, but also because people are saying things or posting pictures that their spouses look at in shock. People get caught lying about where they went or what they are doing, or they say something that really upsets their spouse. Social media can also be a dangerous enemy in divorce.

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 Posted on August 31, 2012 in Distribution of Assets

Unlike some other states, Illinois is not a community property state. Money or property acquired during the course of the marriage is presumed to belong to the marriage and, as such, is subject to an equitable division upon divorce. What is "equitable" is decided on a case-by-case basis.

Some examples of the property that is divided in a divorce include homes, automobiles, household furniture and furnishings, bank accounts, pensions and retirement plans, stocks and stock options, businesses and business interests, and even frequent flier miles.

In dividing marital property, the Illinois Marriage and Dissolution of Marriage Act requires that the Judge consider the following factors:

1. The contribution of each party to the acquisition, preservations, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit.

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