Posted on July 28, 2022 in Divorce

With the prevalence of television, movies, and sensationalized media, it can be hard to know what information regarding divorce is true. The process can be complicated, and there are many misunderstandings about the law. Some people who consider divorcing their spouse first seek advice from others, who while well-meaning, are often not trained in family law matters or informed about recent changes to the law. The following are some of the most persistent divorce myths that are simply not true.

Myth: Half of All Marriages End in Divorce

Reality: This myth is quite complicated but a myth nonetheless. There are many different ways of analyzing data regarding divorce rates. According to the National Marriage Project, the divorce rate in the United States is between 40-50 percent. Other sources show that the divorce rate is between 42 and 45 percent. Divorce rates are different for different demographics. For example, people with a college degree have lower divorce rates than those without a degree.

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 Posted on July 21, 2022 in Division of Assets

A personal jewelry collection is accumulated over many years and is often made up of gifts, inheritances, and collectible pieces bought during travels to faraway places or in locations of great personal significance. When an Illinois couple is facing a divorce, a spouse who has a significant jewelry collection may justifiably feel sorrow and frustration at the idea that their personal collection may be considered part of the marital estate and subject to a claim from the other spouse, whether all or in part.

Nevertheless, all assets must be accounted for during a divorce. Determining whether a piece of jewelry is personal or marital property is not always easy and, because of this and other complications, having the help of an experienced asset division attorney can be very helpful when managing the division of marital assets.

Is Jewelry Personal Property in an Illinois Divorce?

Certain types of property are exempt from the asset division process. Gifts and inheritances, including property purchased with inherited funds, generally are not considered marital property and remain in the exclusive possession of the person who inherited or was given them.

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 Posted on July 14, 2022 in Child Support

Parenting after a divorce can be a challenging proposition. A single parent’s struggles are only made greater by an ex-spouse who has stopped paying child support. While your ex-spouse may provide excuses about why payments have stopped or are behind, obligations for child support are court-ordered and not subject to modification by the parties involved. Only the court can approve a modification, and only then with a legitimate and qualifying reason. To ensure your child support payments are made on time, the first step is to contact an experienced child support enforcement attorney.

Options for Child Support Enforcement

Child support payments serve to assist the parent with the greater allocation of parental responsibilities to provide basic needs for their children. If those payments are late, less than required, or stop altogether, it could have a serious impact on the children’s life and wellbeing.

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 Posted on July 08, 2022 in Divorce

While as many as 40 percent of marriages end in divorce in the United States, each marriage will have its own unique relationship dynamics and combination of factors that led to the decision to split. However, it is clear that similar reasons plague many marriages. In most cases, there is not just one reason, but likely a combination of different factors that caused the divorce. If your marriage is headed for a divorce, it is time to talk to an experienced divorce attorney.

Wide-Ranging Reasons for the End of a Marriage

From traits that you just cannot stand about your partner to difficult circumstances in your relationships, there can be many contributing factors to a divorce. Family and relationship experts have compiled lists of dozens of causes for divorce, and they run the gamut from very simple to much deeper.

Here are ten of the most common reasons that divorced adults gave as the reasons their marriage fell apart.

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 Posted on June 27, 2022 in Domestic Violence / Orders of Protection

For those in an abusive relationship, using the force of law to keep your abuser away can be the key to safety. By securing an order of protection, sometimes known as a restraining order, you can again begin to feel a level of safety in your home. At Calabrese Associates, P.C., we have been helping victims of domestic abuse for over 20 years and are ready to help you secure a restraining order to get you and your children the security you need.

Definition of Domestic Violence in Illinois

Under the Illinois Domestic Violence Act, an accused abuser must have a relationship with the victim. This can include current and former spouses, dating and romantic partners, family members including children and parents, and assistants to adults or children with disabilities.

Actions that are classified as acts of domestic violence include:

• Physical abuse, including sexual abuse, use of physical force, and behavior that puts the victim at risk of physical harm

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 Posted on June 20, 2022 in Prenuptial Agreements

To protect individual property, safeguard business assets, and various other reasons, many couples today are choosing to sign prenuptial or postnuptial agreements. While no one goes into a marriage expecting to get divorced, it can be beneficial to both parties to prepare for the possibility, since almost half of all marriages do end in divorce. By preparing a valid agreement, both parties can protect their financial interests and remove any uncertainty should a divorce come about. However, there are certain issues that can invalidate an agreement that both spouses should understand.

Issues That Can Invalidate an Agreement

Whether the agreement is signed before the couple gets married or once they are already married, a prenuptial or postnuptial agreement still has the same function and can be used during the divorce to settle issues including the division of marital assets and spousal maintenance payments.

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 Posted on June 13, 2022 in Divorce

In the age of omnipresent social media, it is natural that some couples will take to posting on Twitter, Facebook, and other sites while they are going through a divorce. Some studies have even shown that apps such as Facebook play a role in an increasing number of divorces. But what, if anything, is appropriate to post and what recourse do you have when your spouse starts sharing negative information?

Actions to Take on Social Media During a Divorce

The best advice is for both parties to stay off social media during a divorce. Taking a step back can be healthy for your mental state and allow you to focus on your family and future. If you do choose to post, refrain from saying anything negative about your spouse or their family and friends. Don’t post updates about how your divorce is proceeding, rather keep your posts positive.

It may be a good time to search the web for any pictures or posts of yourself that you don’t want to be shown anymore. It is also a good idea to pull back from sharing too much information by increasing your privacy settings and changing or hiding your relationship status. Once the divorce is over and any hostility may have calmed down, you can always relax the settings again and update your status.

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 Posted on June 06, 2022 in Child Support

Every parent wants to see their child grow up to be a successful adult. Post-secondary education, whether at a university, community college, or technical training, can be incredibly important for a young adult’s career and earning potential throughout their lifetime. After a divorce, you may be unclear about who is responsible for providing financial assistance for your child’s college expenses, especially since they are no longer a minor. Under Illinois law, unlike most other states, a spouse can seek financial support from their ex after a divorce, even after the child turns 18.

Educational Assistance After a Divorce

While in many divorce cases, child support payments end after the child turns 18. However, Illinois law allows a divorced parent to seek educational expenses for their child from the other parent. Many divorcing parents may come to an agreement on each’s share of postsecondary education costs, either as part of the divorce settlement or in post-divorce agreements. However, if there is disagreement on the amount of support or even whether support should be provided, the case may end up in court. A judge will decide on each parent’s share of educational expenses based on their financial situation, as well as the financial resources that the child has or could obtain through financial aid or scholarships.

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 Posted on May 30, 2022 in Paternity

In most cases in which a child is born to unwed parents in Illinois, only the mother is a legal parent of the child and only her name will automatically appear on the child’s birth certificate. Actions must be taken by one or both parents to establish legal paternity for the child’s father. Even if you are no longer married or unsure of the future of your relationship, there are benefits both to the father and to the child to establishing a legal parent-child relationship.

Benefits to the Father and the Child for Establishing Paternity in Illinois

The benefits of a positive relationship between a father and a child are well established. However, there are certain legal benefits that each is entitled to with legally recognized paternity.

Benefits to the child include:

• Eligible for the father’s life and health insurance benefits
• Access to the father’s Social Security and veterans’ benefits, when applicable

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 Posted on May 24, 2022 in Child Support

After a divorce, many parents take a while to get used to their new financial situations. If you have taken on more of the parental responsibility and parenting time, you may be receiving child support payments. The payments may have been ordered by the court or you and your ex-spouse may have come to an amicable resolution and worked together to negotiate an agreement that met the needs of the children and the legal requirements.

Regardless of how it was determined, the payment amount reflects the situation of both parents at the time the divorce agreement was finalized. But, situations can change as people move, get new jobs, or develop new medical conditions. Illinois law allows for modifications to child support and spousal maintenance payments based on a variety of factors.

Changes in Child Support Payments

Child support payments are largely based on the incomes of both parents and the number of children being supported. If one parent has more parental responsibility and parenting time, those differences will also be considered when determining child support payments. Other needs that your child may have that can be taken into account when negotiating child support include daycare and education tuition, medical needs, and extracurricular activities.

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