Tag Archives: property division

Property Division or Custody Dispute: Who Gets the Embryos?

An old country song wonders, in the event of a breakup, “Who gets the family Bible?” The country crooner and his ex may have been experiencing a genuine property division dispute. In our modern times, however, property division disputes have become much more complicated in some cases. For example, where a couple plans on having children in the future and embryos are frozen in anticipation of a future family, who gets the embryos – the couple’s planned family – if the couple divorces or separates? Several states are now grappling with this question.

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Cohabitation: What Are My Rights?

It has become very popular in recent years for unmarried couples to live together. This is known as cohabitation. Some cohabitating couples opt to get married after living together for a few years. Others choose to end their relationships and move on separately, which can create confusion about personal property and its division among unmarried partners.

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A Glossary of Divorce Terms

Divorce is a common legal process that many couples will have to go through. However, as with many legal proceedings, the terminology can often form an unnecessary obstacle to people’s understanding it. This glossary of divorce terms should help people cut through the legal jargon to understand what is going on in their own divorce case.

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Divorce and Pets

The decision to file for divorce can be among the most difficult choices you may ever make. You may have exhausted every option available to try and save your marriage, but ultimately, you realize that you and your partner are better apart. It is no surprise to you that divorce can be stressful, especially trying to negotiate the various considerations necessary under law. As the process moves along, many people find themselves feeling sad and lonely, but you know that as long as you have your dog, you are never really alone — but, wait! How do you know for sure you will still have your dog when the divorce is finalized? Divorce and pets is becoming a more common issue in courtrooms across the country.

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Invalidating a Prenuptial Agreement

The average age at which Americans marry for the first time continues to rise to record levels. This, combined with the increasing number of second and third marriages, means that couples are bringing more of their individual lives with them when they marry. Each spouse, on average, has had more time to pursue business interests and accumulate wealth, for example, than they may have had a generation or two ago. As such, prenuptial agreements are also becoming increasingly common, as individuals seek to protect specific assets or interests in the event the marriage fails.

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How Mediation Contributes to a Healthy Divorce

Research has shown that divorce is on the decline in the last few decades, but there were still 33,789 total divorces and annulments in Illinois in 2011, 2,310 which occurred in DuPage County. There are various emotions that arise during the course of divorce proceedings. Guilt, anger, and sadness are all overwhelming and can affect day-to-day life at any moment. How can one deal in a healthy way with the dissolution of a marriage?

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Gray Divorce Is on the Rise

Divorced Americans age 50 or older currently outnumber widowed individuals in the same age group for the first time. The American Community Survey, conducted by the U.S. Census Bureau, reports that more than 15 percent of the population over age 50 are divorced, while about 13.5 percent are widowed. The divorce rates in other age groups seem to have stabilized in over the last few years, but with “gray divorce,” the rate has risen dramatically.

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Signs Your Spouse May Be Hiding Assets

In many marriages, one spouse is primarily responsible for the household finances. The other spouse may have a vague idea of the income and expenses of the family, but is often unaware of many of the details. An arrangement of this type may work just fine when both partners are fully vested in the best interests of the marriage. If, however, the relationship deteriorates and divorce becomes a possibility, the spouse controlling the finances may start trying to take advantage of the situation by hiding assets.

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What are the Grounds for Divorce in Illinois?

Are you at the point in your marriage or civil union where you are considering a divorce? You may have some questions regarding your next step; for example, under what grounds can you get a divorce. Illinois is not considered a pure no fault state, and therefore, you must have a ground for a divorce and a separation period before you can even file for a divorce. If you do not properly meet the ground and separation period, the judge may dismiss your case.

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Mediation Can Reduce the Stress of Divorce

When a marriage ends, it often ends badly. Anger, resentment, and bitterness between divorcing spouses can make the process extremely stressful and difficult. It may even be impossible for some couples to sit in the same room together due to the powerful emotions involved. Many others, however, are able to peacefully work together as they navigate the necessary steps toward completing the divorce. For these situations, divorce mediation may fit the couple’s needs perfectly.

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