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Posted on in Divorce

b2ap3_thumbnail_divorce-predictors-Naperville.jpgThe use of a crystal ball to predict the future would be wonderful. Yet the reality is that none of us know what our future holds—the large percentage of married couples who end up divorced can attest to that. Couples do not plan their nuptials with the intention that their marriage will likely not end “happily ever after.” However, what if there was a way to predict whether or not you and your future spouse were going to have a fairy tale ending?

Multiple studies have been conducted to examine marriage and divorce, and several of those studies focused on trying to determine if there were predictors which could indicate if a married couple would eventually be headed for divorce court. Many of the predictors show up before a couple is even married. Hence, if you are planning to walk down the aisle with someone, you may want to consider the warning signs.

Age

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Posted on in Divorce

DuPage County divorce attorney, legal separationIt is no secret that marriage can be hard. The fact that almost half of all marriages end in divorce is a good indicator of that reality. However, many couples, when they get to the point that they just cannot bear to continue to live the way they are living, are also not so sure that they want to permanently end their marriage. This is one reason why a legal separation may be the right choice.

Legal Separation vs Divorce

When a couple is granted a divorce, this means that the marriage is legally over. They are both free to marry other people. The court will also decree how assets and debts will permanently be divided, how the allocation of parental responsibilities and parenting time will be divided, and which parent will pay child support and how much that support will be.

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DuPage County divorce attorney, retirement account divisionsDivorcing couples must grapple with multiple decisions and negotiations. Many of these decisions are highly emotional ones, such as the allocation of parental responsibilities, who will get the family home, who will get the family pet, and even how various sentimental personal items that the couple amassed during their time together will be divided. Moreover, so many of these decisions revolve around the “present” that it can be easy to overlook the “future” issues, such as the division of retirement funds and pensions. This is where having a skilled divorce attorney assisting you can be critical.

There are several factors to consider when trying to determine how these funds will be divided, including what type of tax implications each spouse’s share will have. Depending on the type of retirement account, there could also be early withdrawal penalties to contend with if the transaction is not done correctly. Knowing ahead of time the best way to handle each of these accounts can save a lot of headaches—and money.

Types of Plans

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DuPage County family law attorney, domestic violenceA number of new family laws have been implemented in the state of Illinois since the start of 2017. Among the newly effective laws, a handful deal with domestic violence. One in particular states that law enforcement agencies should develop arrest procedure policies for domestic violence situations by providing domestic violence training for new recruits and existing police officers, and to have refresher courses every five years.

The new law—HB 5538 which was sponsored by Senator Melinda Bush and passed both houses 113-0—will help to ensure that police officers are equipped with the necessary skills to effectively respond to domestic violence issues as soon as a call is answered.

Ensuring That Abusers Cannot Hide From the Law

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b2ap3_thumbnail_temporary-orders-of-protection-DuPage-County-.jpgDomestic violence is a crime, and any individual who is a victim of hitting, choking, kicking, threats, or harassment by a family member or household member has a legal right to protection. 

In August 2016, State Senator Julie Morrison passed House Bill 6109—a plan to establish a pilot program that would allow individuals to electronically file petitions for temporary orders of protection. Morrison felt that temporary orders of protection should be made accessible and available to protect anyone from further abuse. The new law became effective January 1, 2017 and amends the Illinois Domestic Violence Act that was created in 1986.

One of the main goals of House Bill 6109 is to eliminate the barriers that domestic violence victims face. Previously, a victim of domestic violence had to appear in a civil court to file a petition for an order of protection.

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