Posted on October 15,2024 in Child Custody

At least 20 percent of U.S. homes have a child with a disability, special healthcare needs, or a chronic illness. The challenges that arise when parenting a special needs child can be the reason for a divorce or one of many reasons that become the final "push" over the edge for a couple. The divorce rate for those with an autistic child is 80 percent – considerably higher than the divorce rate for parents without an autistic child.  

When a couple with a special needs child divorces, there are additional issues beyond the standard custody, visitation, and child support factors that must be decided. The child’s needs, whether they are social, educational, psychological, or medical, must be fully addressed in a comprehensive parenting plan following the allocation of parental responsibilities.

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 Posted on October 08,2024 in Divorce

Divorce is often complex and emotional. It can be even more so if you are a spouse who wants to divorce your mentally ill spouse. Living with a loved one who has a diagnosed mental illness can be a constant roller coaster. You may have tried virtually every tip and tactic for dealing with your spouse’s mental illness.

If your relationship has become too emotionally draining or if your own mental health is being adversely affected, it could be time to consider divorce. To be clear, Illinois is now a no-fault divorce state, which means the only grounds for divorce recognized in Illinois are irreconcilable differences.

So, while the mental illness of a spouse cannot be used as grounds for divorce, mental health issues can impact the division of marital assets, the allocation of parental responsibilities, and spousal maintenance. The spouse who is mentally ill cannot file for divorce on his or her own, but a guardian can file on behalf of the mentally ill spouse.

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 Posted on September 30,2024 in Property Division

Asset division can be one of the more contentious aspects of an Illinois divorce. The assets with the highest value during a divorce are often the marital home and retirement funds. Yet the marital home may be overlooked for several reasons. If the divorce is particularly acrimonious, both parties may want to sell the home as quickly as possible and split the profits. If the real estate market is high, this could be the best course of action for both spouses. If the real estate market is in a downward spiral, keeping the home could be more lucrative until the market rebounds.

How the marital home is split will also depend on whether the couple has children and whether the court believes keeping those children in their accustomed home is in their best interests. Depending on each couple's specific circumstances, there are many other solutions for the marital home during a divorce. If you are considering divorce, it is important that you understand the value of your marital home before walking away from it. Having a Naperville, IL asset division attorney from the Law Office of Ronald L. Hendrix, P.C. as your legal advocate during your divorce can ensure you receive your fair share of the marital assets.   

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 Posted on September 20,2024 in Child Custody

Most of us have a word – or several – that makes us cringe every time we hear it. But you may have never really thought about the word that can make your divorce and your children’s transition to divorce much harder than it needs to be. What is that word? "Visit." As in, "You are going to visit your father this weekend." Or "When you visit me, I want you to go to bed at 9:00."

Why should this word be erased from your language where your children are concerned? Most of us think of "visit" in terms of friends coming over to visit or Great Aunt Alice coming from Phoenix to visit. The term "visit" or "visitation" rarely extends to children and parents because they are not "visitors" in one another’s lives; they are family. Now more than ever, your children need to hang on to the connectedness they had with each parent before the divorce.

Perhaps this is why the state changed the Illinois Marriage and Dissolution of Marriage Act in 2016, erasing the words "custody" and "visitation" from the statutes and changing them to "allocation of parental responsibilities." You may be surprised to find that your Naperville, IL lawyer has the compassion and resources necessary to help you and your children move forward in the best way possible. This can include getting rid of old words and using words with more positive connotations.

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 Posted on September 16,2024 in Divorce

Divorce is a stressful, frustrating time for most couples. Depending on various factors, your divorce may take months or even a year or more to finalize. When you are dealing with one divorce issue after another, it can be difficult to keep your focus on your career. Whether your divorce is contested or uncontested and whether you have children with your spouse can significantly impact the time your divorce will take and the headaches you will face.

While there is no waiting period in the state of Illinois for an uncontested divorce – as long as you meet the residency requirements – a contested divorce will take more time. There may be disagreements about asset division, spousal support, child custody, and more. After spending a considerable amount of time and education to get where you are in your career, your divorce is a distraction you simply cannot afford.

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 Posted on September 05,2024 in Divorce

Almost from the beginning, divorce laws have varied immensely by region, with the first American divorce granted in 1639 in Massachusetts. While the law has evolved to the point that the goal is to treat both spouses the same during a divorce, some antiquated divorce laws remain on the books.

By the beginning of the 19th century, divorce, while still rare, was becoming more frequent. The advent of "no-fault" divorce in the 1970s and 1980s resulted in another significant increase in divorce, as spouses were no longer required to prove fault. More recently, divorce rates plateaued and then decreased over the past few years.

There are many odd or surprising laws in every state. Usually, the rationale for the law is no longer relevant or may have been forgotten. Rather than dispensing with laws that are no longer useful, these strange laws simply continue to accrue. While reading strange or interesting facts about divorce laws may be entertaining, divorce itself is rarely ever entertaining.

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 Posted on August 29,2024 in Divorce

Divorce is a stressful time in a couple’s life. Perhaps financial struggles are one reason for the divorce. In fact, financial issues are the second leading cause of divorce after infidelity. As a couple, you may have even talked about filing for bankruptcy so the two of you could get a fresh financial start.

Now that you have decided to divorce, you may wonder whether you and your spouse should file bankruptcy before the divorce or whether it would be more beneficial to file after the divorce as a single person. The answer can be complex and unique to you and your financial situation.

While every situation is different, it can be beneficial to speak to a knowledgeable Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C., who can help you make a decision regarding bankruptcy as well as all the other divorce decisions you will make. You can expect to receive highly personalized attention and answers to your questions when you choose our firm.

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 Posted on August 23,2024 in Divorce

It is widely known that infidelity can damage a marriage. While some couples can work their way through infidelity and remain together, at least half of all couples who discover their spouse was unfaithful will divorce. Women are more likely to file for divorce following infidelity by their partners than men. Infidelity can also have financial implications during a divorce and after.

A bitter spouse with a grudge because of a partner’s infidelity is more likely to argue over assets, spousal support, and custody decisions. Clearly, infidelity affects marriage and divorce for adults, but how does a parent’s infidelity affect the children – now and in the future? It is important that you speak to a knowledgeable Naperville, IL child custody lawyer from Law Office of Ronald L. Hendrix, P.C. to determine the best way to address this issue during your divorce.

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 Posted on August 14,2024 in Child Custody

Across the United States, fathers get about 35 percent of child custody time. That number is lower in Illinois, with fathers receiving only about 23.1 percent of child custody time. Decades ago, when many women were stay-at-home moms, mothers were more likely to receive physical custody of the children during a divorce. A legal rule known as the "tender years doctrine" said a newborn belonged with the mother for up to two years. In the 1970s, most states abolished the tender years doctrine in favor of the best interests of the child.

With many mothers working outside the home, judges look at the best interests of the child when determining the allocation of parental responsibilities. This is not to say that judges with preconceived notions about the role of mothers and fathers do not exist. If you are a father who believes your request for equal allocation of parental responsibilities may go unheard, you must speak to a knowledgeable DuPage County child custody lawyer from Law Office of Ronald L. Hendrix, P.C.. Our experienced family law attorneys are prepared to help you reach an agreement that will allow you to co-parent with your ex-spouse.

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 Posted on August 08,2024 in Divorce

Across the state of Illinois, the number of domestic violence deaths in 2023 spiked by 110 percent. This unprecedented increase in the number of deaths resulting from domestic violence added to calls for the passage of Karina’s Bill. Although the report—compiled by the Illinois Coalition Against Domestic Violence—is usually released in October, the results were so alarming it was released on July 24, 2024.

Shockingly, domestic violence is a factor in almost a quarter of all divorces. High-conflict divorces involve hostility, heated arguments, and actions meant to cause the other spouse financial, physical, or emotional harm. It is crucial in these situations to have an experienced Will County, IL high-conflict divorce attorney to help you through the process. Your knowledgeable attorney from Law Office of Ronald L. Hendrix, P.C. will understand how to deal with a domestic abuser as well as a narcissistic spouse and many other potentially difficult situations.  

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