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Reasons to Consider a Divorce Attorney
The 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.
Some May Be Genetically Predisposed to Infidelity
Maybe he swears it meant nothing to him. Maybe she promises it will never happen again. Whatever the situation, many couples will find themselves facing a situation in which one partner has been been unfaithful. They will have to decide either to forgive the indiscretion and move on together, or to end the relationship. Obviously, for married couples ending the relationship typically means divorce, and infidelity continues to be among the most common reasons for ending a marriage. For those that decide to work out their relationship, questions inevitably remain about what caused the cheating partner to stray.
Part of the answer may lie in the human genetic code, as scientists continue to research links between genetics and human behavior. New studies are emerging on a regular basis relating the effect a specific gene or gene variant may have on the choices an individual makes. Several projects in the last few years have identified a number a genes, in fact, that may have a direct impact on a person&s self-control over inclinations toward thrill-seeking behavior, including infidelity.
Dealing With False Domestic Violence Allegations
In far too many American homes, domestic violence is a major concern, wreaking havoc on both the physical and emotional health of the victim. In the face of such actions, healthy relationships are virtually impossible. Justifiably, accusations of domestic abuse are taken very seriously by law enforcement and government agencies. During a divorce or other domestic proceedings, unfortunately, it is possible for one partner to try to take advantage of the system by making false allegations of abuse.
It can difficult for most people to fathom making unfounded accusations of criminal activity against anyone, especially their spouse. For those who do, however, they are often attempting to manipulate the law in their favor, usually related to property division or child custody. Most states’ child custody laws, including Illinois, include clauses that take violent acts or the danger of violence into consideration. The existence of an allegation or an order of protection may be all it takes to keep a parent from significant time with his or her children. While the safety of the children should certainly be paramount, no parent deserves to lose time with his or her children over fraudulent accusations. Accusations with no basis in fact often take the accused completely by surprise. He or she is often left feeling angry, betrayed, and overwhelmed. There are a few things that anyone accused of domestic violence can do, especially if the allegations are false: Stay Away from the AccuserBeing alone with the person who brought the initial allegations all provides further opportunity for new ones. By keeping a safe distance away, or by maintaining the buffer of witnesses, the accused will not be create the risk of additional false charges.
A Look at the Rising Rate of Remarriage
Despite how it may feel at the time, life does not end with divorce. Over time most divorced individuals will put their lives back together and eventually be ready to mingle and date again. In fact, numbers from around the country show that a larger number than ever before are even willing to give marriage another chance.
Currently in the United States, four out of ten new marriages involve at least one previously married spouse and half of those are marriages in which both spouses had been married before. Based on data collected by the U.S. Census Bureau, the Pew Research Center reports that remarriages have been on the increase for many years and have reached an all-time high.
Several social and demographic factors seem to be contributing to the historic rise in the rate of remarriage. Most obviously, the rate of divorce and social acceptance of remarriage in the last few decades has resulted in an ever-growing number of divorced Americans ready and able to walk down the aisle again. Additionally, as the age and life-expectancy of the American population trend upward, "people simply have more years in which to make, dissolve, and remake unions," says Gretchen Livingston, senior researcher at the Pew Research Center.
Impending Divorce and the Kiss of Death for Relationships
Do you and your spouse argue over relatively trivial issues? If you have been together for longer than a month, the answer is probably yes. Married couples, of course, argue from time to time, and often over things that are probably not that important. Disagreement and arguments are not, however, necessarily signs that your marriage is in trouble, so long as you and your spouse continue to love and respect one another. Conversely, if the love and respect is being eroded and replaced with contempt, your relationship may be headed for divorce.
Psychologists John Gottman of the University of Washington and Robert Levenson of the University of California – Berkeley, collaborated on a 14-year behavioral study which used emotional reactions to predict divorce with an accuracy rate of 93 percent. The researchers identified the negative mix of behaviors, including anger, contempt, criticism, stonewalling, and defensiveness to be a harbinger of impending disaster for the marriage. In particular, Gottman noted, "Contempt is the kiss of death."
Three Possible Divorce Benefits for Women
Although plenty of research and countless Hollywood movies have explored the negative aspects of divorce, there may be benefits to being divorced. If the decision is right for you, you might experience some of these benefits after deciding to move forward with the divorce process. Despite your struggles and efforts to save your marriage, you may find your post-divorce life offers more than you realized.
Being Happier
During and after your divorce, you will certainly experience a range of emotions , but taking this step can actually lead to greater long term happiness. Recent research from Kingston University in London found that women reported higher levels of personal happiness for up to five years after the end of the marriages. The pressure of frequent arguing or the emotional burden of a deteriorating relationship can be devastating to personal happiness, and divorce may help facilitate a brighter future.
Irreconcilable Differences and No-Fault Divorce in Illinois
Have you reached the point in your marriage where you have done everything you can do? Communication has broken down and is has become clear that you and your spouse are no longer happy together. You may have considered the idea of divorce but thought you did not have a valid reason to file. Your spouse is not abusive, did not cheat, and does not have issues with drugs or alcohol, so you might be thinking that divorce is not really an option. Illinois law, however, provides for the possibility of a no-fault divorce that just might address your particular situation.
It is relatively safe to assume most people realize that state law permits a court to grant a divorce in cases with justifiable grounds. Such grounds include adultery, physical or mental abuse or cruelty, substance abuse, impotence, conviction of a serious crime, and abandonment, among others. Some may not know, however, that the law also provides a mechanism for dissolving a failed marriage, even in the absence of negative actions or behaviors.
A Prenuptial Agreement May be Right for You
There is nothing on earth quite like the feeling of falling in love. For as long as most people can remember, they have dreamed of the day they would meet "the one" and enjoy a long, happy life together. Social traditions, of course, change over time, and the landscape of a modern marriage has been greatly impacted as a result. Previous generations saw marriage primarily as a starting point from which a young couple was expected to start building a life together. Virtually every life achievement, job promotion, or major purchase was experienced as a couple, and the idea of a prenuptial agreement seemed to have little value in most situations.
Over the last several decades, however, trends show that more Americans are waiting longer than ever to get married, meaning that, as individuals, there is more time to accumulate assets, create business opportunities, and generally establish independent identities. When the time comes for marriage, both partners are bringing more of their lives with them than ever before. For many, establishing a formal arrangement prior to getting married may provide both partners with the security they need to fully commit themselves to the success of the marriage. In this sense, a prenuptial agreement can be more than just an insurance policy against divorce; it can actively contribute to a happy and healthy marriage.
Calculating Your Child Support Obligation in Illinois
The state of Illinois, like every state, maintains under law that every child is entitled to the financial support of both parents, regardless of the relationship between them. Payment of child support is taken very seriously in the state and failure to meet ordered support obligations can result in significant penalties and wage garnishment. Understanding how the court system calculates expected child support requirement can significantly help a parent better prepare for the challenges ahead.
If you have a child and are divorced from or were never married to the child&s other parent, the law provides the possibility that you may be responsible for paying support. Statutorily, the state may require that both parents pay child support, but for practical purposes, the non-custodial or non-residential parent is most often the only obliged payor. As a non-custodial parent, it is likely that you will be ordered to pay support for your child or children.
Couples May Find Security in Postnuptial Agreements
Despite the immeasurable amounts of research and advice available to married couples, financial issues continue to be among the leading causes for divorce in the United States. In fact, some experts estimate that nearly half of all American divorces are directly related to financial priorities and disagreements. Many couples looking to be proactive about money matters may decide to negotiate a prenuptial agreement prior to their marriage. Others, however, may not realize the need for such arrangements until well after their wedding day. For these situations, a postnuptial agreement may be the solution.
Recognizing the Need
Postnuptial agreements are often initiated by couples who are beginning to see signs of financial concerns but are dedicated to salvaging their relationship. Such concerns may be triggered by the success of failure of a business venture, health-related issues, or the advancement in age of both spouses, among many other factors. While being objective about family matters and the future may be difficult, doing so jointly and effectively can help unite a couple in their efforts to strengthen their marriage.