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The Process of Divorce
The Petition
In order to file for divorce, the first thing you must do is file a Petition for Dissolution of Marriage. You, the filer, will be called the petitioner and your spouse will be the respondent. A Petition states several basic facts for the couple and their children and is public record. This step is usually only two or three paragraphs and does not contain much personal information.
The Petition must state the reasons for the divorce, which can be fault or no fault grounds in Illinois. These "faults" must be proven in court; however, the judge cannot consider them while deciding the division of marital property.
Service of Process
"Once the Petition has been filed… due process requires the respondent to be ‘served’ with the Petition and a Summons to appear" in court, according to Illinois divorce law.
The Response
Once the spouse has been served, he or she will have 30 days to file a written response to the Petition. If your spouse does not file a formal response, then you have the opportunity to request that the court enters a "default judgment."
Day after Valentine’s Day began busiest divorce season
Although Valentine’s Day is supposed to be about romance and love, for many couples, it is just the opposite.
Feb. 15, therefore, has been the beginning of a very busy season for divorce lawyers after many couples that are unhappy together heading into Feb. 14 make a final decision on that day or soon after that they no long want to stay together.
A study of divorce filings in New York, Illinois and California from AttorneyFee.com, which is a legal referral website, found that February is the busiest month of the year for filing for divorce, at about 18% higher than an average month. Those seeking a divorce attorney referral from the website are increased about 38% following Valentine’s Day, with the biggest spike being the day after.
Another site, Avvo.com, reported a 40% increase of those seeking advice and more information about divorce in the short period immediately following Valentine’s Day.
Prenup Thrown Out in Landmark Divorce Case
A Long Island woman won a "major and rare divorce battle," according to ABC News, when an Appellate Court in New York ruled that the prenuptial agreement she had signed could be discarded during her divorce. Elizabeth Petrakis claimed that she had originally refused to sign the prenup, but that "four days before tying the knot, she agreed to sign the prenup after her fiancé, 41-year-old Peter Petrakis, promised he would get rid of the prenup once the two began to have children," according to ABC. He did not, and while this wasn’t the immediate reason for their divorce, the seeds of distrust that his broken promise sowed marked the beginning of the relationship’s demise.
The prenup in question was one that lawyers would refer to as "heavy-handed," according to ABC. It would give Mrs. Petrakis $25,000 for every year that she was married, but nothing more. Mr. Petrakis is a commercial property developer, worth a whopping $20 million, according to ABC News. "He’s a good father. He’s a very successful businessman," Mrs. Petrakis told ABC, "but this prenup was a thorn in our marriage, and he didn’t want to give in."
Protecting your Business before a Divorce
Starting a business is a very arduous task. For a long time, there is no end to the struggles to bring services or goods to consumers and finding your marketplace. Time and resources are spent to make a business a success and a divorce can tear it asunder.
A marriage is a contractual agreement that states that each spouse is entitled to jointly gained assets. This is essentially the difference between separate property and marital property. In some cases, a spouse can expect nearly half of a business after a divorce as determined by length of marriage, involvement in the business, and the spouse’s earning potential after a divorce.
If either spouse has spent their time creating a valuable asset such as a business, it is essential to know how to protect it, most likely through a prenuptial agreement or other business agreements. A prenuptial agreement serves as an outline of the outcome of an unforeseen dissolution. It will delineate the property and asset distribution and also for the protection of a business. But like most contracts it needs to meet certain criteria to be considered valid by the divorce court.
Parenting with an Ex | Lombard Divorce Attorney
Divorce is complicated for all family members: parents, children, etc. However, it is important for the children to have both parents involved in their lives. It may not be easy on divorcing parents to be around each other, but Parenting.com has given a few helpful tips to help you and your ex stay connected without things becoming too sticky.
Stay positive. It is important to look at your spouse as the parent of your children, not as the person that you just divorced. Concentrate on respecting one another, to be more specific, concentrate on the qualities that you respect of your ex rather than the ones that upset you. Trinidad Madrigal, a child-custody expert, suggests taking a parenting class or therapy if you are having problems trying to stay positive with your children. Be sure to focus on what is best for your children.
Think of activities that you and your spouse both think are ideal for the children. Then, decide who can take them where. This can be a variety of things such as, the library, zoo, or an amusement park. Divide who takes them places equally, so there is not any competition.
Prenuptial Agreement Between Millionaire and Wife Thrown Out
A Brooklyn appellate court decided that a prenuptial agreement between Elizabeth Petrakis and her husband, Peter Petrakis, will be thrown out. This decision almost never happens, according to Elizabeth’s attorney. Her lawyer also stated that "To a large degree, this has upset the heretofore common thinking that prenups were not subject to challenge. ... Now there&s precedent for vacating a prenup."
According to this article in the Huffington Post, the prenup was presented to Elizabeth three months before the marriage. It stated that she would get $25,000 for every year they were married, but all assets acquired during their marriage would belong to Peter in case of a divorce. Elizabeth refused to sign it until four days before the wedding, when Peter told her he’d tear it up once they had children.
Unfortunately, Peter never tore it up—an act which Elizabeth’s attorney calls fraud. This deception was the grounds for the case, and why the appellate court ruled in Elizabeth’s favor.
Judge asked to Order DNA Test for Michael Jordan
Michael Jordan is known in many circles as the greatest basketball player ever. However, according to the Chicago Tribune, he may have a new title as the father of a 16 year old boy.
Pamela Smith recently filed a paternity suit against the basketball great claiming that he is the father of her now 16 year old child. She is also seeking child support although, if he is found to be the father, he would only have to pay until the child turns 18. Jordan is the majority owner of his own basketball team and is still earning millions per year in endorsement deals, so the amount he owes if he is the father could be a huge one.
Jordan denies the fact the he is this child’s father and he has also filed a countersuit against Smith for making false claims. Jordan’s attorneys point out the fact the she acknowledged that her now ex-husband is the father of the child in an earlier divorce proceeding. She states that her son has the right to know who his father really is and that this is an issue that he has been struggling with for quite a while. Smith’s attorney states that she just wants to do the right thing by her son because if she was just after the money, she could have filed the suit many years ago.
Divorce Rate in Golden Years has Doubled
It used to be almost unheard of to hear of couples being divorced once they have stayed together long enough to raise their own children and have grandchildren. However, according to a report in the Chicago Tribune, the rate of divorce among people over the age of 50 has doubled over the last 20 years.
According to recent studies, back in 1990 only 1 in 10 couples over the age of 50 were getting divorced. However today, that number has risen to 1 in 4. There are several contributing factors that this same study revealed.
The biggest reason for divorces remains the same among all age groups; finances. Many people hang on to their marriage in hopes that retirement will bring a better chance of stability and when it does not, they are ready to throw in the towel.
Another point is that divorce is not as stigmatized today as it was in the past. With the commonality of divorce, there are just fewer bad things to be said and many people are more understanding of divorce. Many couples choose to stay together for the sake of their children. Some of these very couples choose to divorce after the children are grown up and leave the home. The marriage was over for years so they decide that it is time to make it official.
Post Valentine’s Day Divorce Season | Illinois Divorce Attorney
A recent article brought it to attention that February 15th starts the busy season for divorce lawyers. It is often true that people who were unhappy with their marriages heading into Valentine’s Day often decide they no longer want to be with the one they used to love after the romantic holiday.
A study of divorce filings in New York, Illinois, and California found that divorce rates in February increase about 18% compared to all other months. It is also true that rates of people seeking referrals for divorce lawyers increase 38% following the holiday; the biggest spike is the day after Valentine’s.
Another site reported a 40% increase in those seeking information about approaching divorce in the period right after Valentine’s Day.
"There are a very large number of people who are considering the divorce all the time, deciding whether or not to file. On Valentine’s Day, they take stock of things," said a co-founder of the site.
May Trial for Kardashian-Humphries Divorce
In a recent article in the Chicago Tribune, the divorce of reality star Kim Kardashian and NBA basketball player Kris Humphries will go to trial in May. More than a year and half after the couple had decided to separate and file for divorce. On February 15th, a judge in Los Angeles ruled that the trial would be in May.
The celebrity couple had an elaborate wedding, in August 2011, that was filmed for TV. The couple called it quits after only 72 days of marriage. Kardashian filed the divorce stating irreconcilable differences. They have been having difficulties with agreeing on the divorce terms. Humphries has insisted on an annulment claiming that Kardashian never intended on keeping the marriage. Kardashian began dating rapper Kanye West last April and is now pregnant with her first child. The divorce will be Kardashian’s second. She was previously married to Damon Thomas, a music producer. They wed in 2000 and divorced after 4 years, in 2004.
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