Recent Blog Posts
How Is an Illinois Military Divorce Different?
According to Census Bureau data, those in the military have the highest divorce rate of any career field, at roughly 4.8 percent. When one or both spouses are members of the Armed Services and a divorce is at hand, there are extra challenges. Female service members have an even higher rate of divorce, at 7.4 percent. These divorce rates compare to the "average" divorce rate of 2.5 percent.
One cause of military divorce could be that service members tend to marry at a younger age than the general population, with more than half of our troops married before they turn 25. If you or your spouse are an Armed Services member, there are unique issues associated with a military divorce. Having an experienced Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. can help you get through this difficult time with the best possible outcome.
Could My Husband Receive Alimony When He Refuses to Work? | Illinois
Perhaps you are a hardworking person whose husband has been less than hardworking throughout your marriage. In fact, this may be one of the reasons you have decided to divorce him. He may have had many work opportunities throughout your marriage but has declined to take a single one as he waits for the "perfect job."
Now, although he is perfectly able-bodied, educated, and trained, he has decided he would rather continue to let you financially support him via spousal support, even after the divorce. What can you do? Alimony, more commonly known today as spousal support or spousal maintenance, is often an area of contention between spouses. The spouse ordered to pay spousal support is unlikely to be happy about it, and the spouse receiving spousal support may believe they deserve more.
Illinois determines whether spousal support is appropriate by using a list of factors along with state statutes that outline how spousal support is calculated. If you are concerned that your spouse will receive spousal support even though he or she refuses to work, it is time to speak to an experienced Naperville, IL divorce lawyer from the Law Office of Ronald L. Hendrix, P.C..
Is Your Teen Addicted to TikTok?
The Illinois Attorney General recently joined 13 other states in a lawsuit against TikTok, alleging harmful business practices that target children and teens negatively impact their mental health. The lawsuit alleges that TikTok intentionally designed its social media platform to keep children focusing their time and attention on the site.
A nationwide investigation against TikTok, launched in 2022, resulted in allegations against the site, including the potential for self-harm, anxiety, depression, sleep deprivation, and even suicide among children and teens. According to the investigation, TikTok aims to keep users on the platform as long as possible. The U.S. Surgeon General determined that teens who spend more than three hours a day on social media have twice the risk of mental health issues.
Divorced parents can experience serious disagreements about how much time their teens should be allowed on social media sites, including TikTok. Divorce is tough, and the decisions regarding the allocation of parental responsibilities and parenting time can be even tougher, especially when parents have significantly differing opinions about the best way to raise their children. A Will County, IL parental responsibilities lawyer from Law Office of Ronald L. Hendrix, P.C. can help resolve these disagreements.
Co-Parenting a Special Needs Child After an Illinois Divorce
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.
Can I Divorce My Mentally Ill Spouse in Illinois?
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.
Can the Marital Home Be a Significant Bargaining Chip? | IL
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.
How One Five-Letter Word Can Hurt Your Children After Divorce | IL
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.
Managing Your Divorce and Your Career
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.
What Are the Strangest Divorce Laws Across the United States?
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.
Should Bankruptcy Be Filed Before or After a 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.