Blog posts tagged in St. Charles divorce attorneys
Divorce touches the lives of all different types of people. Both men and women, the young and old, and people of all ethnicities and socioeconomic backgrounds are affected by divorce. No one is destined for divorce purely based on their demographic, but there are some factors that can make a person more likely to get divorced than others. For example, having divorced parents, getting married very young, not attending college, and having a baby soon after being married all make a person statistically more likely to get divorced.
A new analysis from statistician Nathan Yau has uncovered some more risk factors for divorce. Using data from the U.S. Census Bureau’s Five-Year American Community Survey, Yau has identified a number of jobs that put a person at increased risk of getting divorced in the future.
Occupations Linked With Higher Risk of Divorce
When a marriage is ending, it is not uncommon for one spouse to behave in ways that are detrimental to his or her soon-to-be ex, especially if there is a potential new partner in the picture. One of the most common ways is through the dissipation of marital assets. In extreme cases, this can be a crime, but most of the time, dissipation results in the offending spouse receiving fewer assets. If you fear this is happening to you, you may have the ability to prove it and benefit appropriately.
Illinois Case Law
Throughout the years, Illinois courts have defined dissipation as the “use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage” during the time when the marriage is irretrievably breaking down. The key word is “irretrievably.” In In re Marriage of O’Neill, the court held that alleged dissipation can only be looked into for the period where the marriage was breaking down. Thus, if your spouse, for example, began to use marital money to buy gifts for a mistress from the beginning of your marriage, you likely will not be able to claim the value of those lost assets unless you can show that your marriage was breaking down from the very beginning.
Have you ever enjoyed an experience with another person after which you felt closer than ever? Whether it was a charming vacation, witnessing a major historic event, or any other occasion, you may have known right away that your relationship with that person would never be the same. While some people certain do have such experiences, certain events may have the exact opposite effect for others. Ironically, some of the very same experiences that pull some people closer together may plant the seed of division that ultimately drives others apart. Between friends and family members, a relationship may simply cool off, but for a married couple, such life events could ultimately push the spouses toward a divorce.
In Sickness and in Health…
A happy, healthy marriage takes a great deal of work on the part of both spouses. If one spouse develops a serious health condition or chronic illness, however, the relationship can change quickly. An illness or disability could mean that one partner will be expected to shoulder more of the responsibility for maintaining the marriage—a reality that some individuals are just not equipped to handle. Health concerns can also create financial difficulties as well. It is interesting to note that the likelihood of divorce due to a spouse’s health concerns seems to be directly related to which spouse gets sick. Divorce rates tend to go up when it is the wife who falls ill but remain about the same as an average couple when it is the husband.
When you are involved in a divorce or a legal proceeding related to your children, it is usually best to negotiate a solution with the other party whenever possible. At some point in the process, though, you will almost certainly be required to appear in court, even if it is little more than a formality. For those who have never experienced it, entering a courtroom and appearing before a judge can be stressful and nerve-wracking, especially if the outcome of your divorce or other matter hangs in the balance. There are a few things that you can do, however, to alleviate your stress and to maintain control over your situation.
Be Fully Prepared in Advance
As you and your attorney prepare your case, you should make every effort to be ready well ahead of time. Do not wait until the day before your appearance to discuss not only the plan for presenting your case, but also the rules of courtroom procedure. Chances are good that your attorney will do most of the talking, but you still need to know where to be and when, how to address the court if needed, and what you should and should not say.
When you are going through a divorce, there are a number of important considerations to be made. You, your spouse, or both will probably have to find a new place to live. If you are a parent, you will need to develop a parental plan and a strategy for allocating parental responsibilities and parenting time. Of course, simply adjusting to life without your spouse can be a challenge all its own. However, some of the sensitive concerns in divorce revolve around finances and assets: how will the marital estate be divided and are you entitled to receive spousal maintenance payments?
According to the Illinois Marriage and Dissolution of Marriage Act, decisions regarding property and support in a divorce must be made on a case-by-case basis. If you and your spouse cannot reach a negotiated agreement, the court will identify and allocate your marital assets between you and determine if spousal maintenance is needed. In doing so, the court must take into account a number of factors regarding each. These factors include, but are not limited to:
- The income, resources, and earning capacity of each spouse;
- Each spouse’s role in marriage, how it contributed to the marital estate, and the impact on either spouse’s earning potential;
- Length of the marriage and the lifestyle established;
- How the allocated property or maintenance will affect tax liabilities;
- Arrangements made for the couple’s children; and
- The existence of any prenuptial or postnuptial agreement between the parties.
Each Can Affect the Other