Understanding the Four-Way Settlement Conference

 Posted on May 30, 2014 in Divorce

The idea of a lawsuit culminating in a trial is heavily ingrained is a common motif, especially in pop culture. If a television show or a movie involves a lawsuit, then the climax probably happens in a courtroom with a lawyer giving an impassioned speech to a judge or jury. However, in real life the trial is the exception.

According to a Northwestern law professor, only two percent of civil cases go to trial. Most cases end in a settlement between the two parties. This is because trials are not the ideal way to solve disputes. They are long, expensive processes, which is as true in the divorce context as it is in any other. Consequently, many parties attempt to engage in a four-way settlement conference to come to an agreement themselves rather than allowing courts to decide.

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Negotiation Strategies for an Uncooperative Spouse

 Posted on May 28, 2014 in Divorce

The emotionally charged nature of divorces can lead to a lot of bad blood welling up between the soon to be ex-spouses. If this happens then it can lead to one of the spouses becoming intractable and difficult with whom to negotiate. This can be especially difficult in a world where divorce mediation is becoming common, as more and more people begin to recognize the benefits of cooperating with their partner to divide up the assets. Fortunately, there are strategies available to help a person cope with an uncooperative spouse, and still move forward with negotiations.

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Changing Your Name after a Divorce

 Posted on May 24, 2014 in Divorce

After finalizing a divorce, many women who have taken their husband’s last name face the decision of whether they would like to change it back to their maiden name. Some women view this as another step in moving past their divorce, as it allows them to receive closure by shedding their husband’s name.

Other women develop more of an emotional attachment to the name. They may have had it for decades at this point, so they view it as their own, separate from any association it has with their ex-husband. The presence of children from the marriage can further complicate the question.

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How Divorce Affects Your Social Security

 Posted on May 21, 2014 in Divorce

With the rising incidence of gray divorce, the question of how divorce proceedings affect a person’s Social Security income is becoming more pressing. Many people wonder whether the courts will divide up Social Security benefits the way they divide up other retirement accounts.

In the alternative, people often ask about whether they can benefit from their ex-spouse’s work history record. This can be an especially important issue in cases where one spouse stopped working to take care of the home, while the other continued paying into Social Security.

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Wives’ Illnesses More Likely to Cause Divorce

 Posted on May 15, 2014 in Divorce

Although many marriage ceremonies include a vow to stay together in sickness and in health, new research reveals that serious illnesses can cause an increase in divorce rates among older couples.

A study from scientists at the Indiana University-Purdue University Indianapolis and the University of Michigan’s Institutes for Social Research reveals that not only can a major spousal illness lead to an increased risk of divorce, but that the risk is considerably more pronounced in cases where the wife is the partner who has the disease.

The Study’s Findings

The study involved 2,700 married couples that had at least one spouse over the age of 50 at the start of the research. The authors tracked these couples for almost 20 years, starting in 1992 and ending in 2010. They recorded data about the couples’ relationships, including their marital status.

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The Difference between Annulment and Divorce

 Posted on May 13, 2014 in Divorce

While the vast majority of marriages in Illinois end via a divorce, Part III of the Illinois Marriage and Dissolution of Marriage Act also makes another process available to spouses: annulment. Annulments, technically known as “declarations of invalidity of marriage,” differ from divorces in that a divorce is a formal dissolution of a marriage. An annulment states that, from a legal standpoint, the marriage never happened. Qualifying for an annulment can be more challenging than simply filing for divorce. However, it does create different legal consequences that may be beneficial.

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Overnight Stays during Divorce: Good Idea or Bad?

 Posted on May 07, 2014 in Divorce

Divorces can be both stressful and emotionally confusing. Oftentimes, people who feel ready to enter into a new relationship during or immediately after a divorce are faced with the decision of whether to allow their new romantic interest to spend the night at their house. However, overnight stays during divorce might have unfortunate legal and practical consequences. The presence of children could also further exacerbate these legal issues.

The Consequences of an Overnight Stay

Allowing a new partner to stay overnight might have an effect on a person’s ability to receive spousal support, depending on the exact terms of the support agreement. This is because the default rule in support agreements, under section 510(c) of the Illinois Marriage and Dissolution of Marriage Act, allows the supporting spouse’s obligation to end once the supported spouse begins romantically cohabiting with someone else. While a single overnight stay is probably not enough to qualify as cohabitation, the court will look at a variety of factors, including:

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Is Collaborative Divorce Right for You?

 Posted on May 05, 2014 in Divorce

Collaborative divorce, a new trend in divorces, emphasizes both spouses working together to come to an amicable end to the marriage rather than going through the traditional adversarial process in the court system. Collaborative divorce has various advantages. It can be faster. It decreases conflicts. And, according to US News, it can save parties thousands of dollars over the course of the divorce. However, despite these benefits, collaborative divorce is not always the right option for everyone. Therefore, understanding who can best profit from this divorce model can help make the entire process easier.

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Understanding the Burden of Proof in Divorce Cases

 Posted on April 29, 2014 in Divorce

Anyone who has watched Law and Order or another similar show is familiar with phrases like “innocent until proven guilty,” and “prove beyond a reasonable doubt.” These phrases refer to the burden of proof in criminal cases. They instruct the lawyers as to who has to prove something and how convincingly they have to prove it. Divorce cases also have burdens of proof, but since it is not a criminal court they operate slightly differently.

What Is a Burden of Proof?

A burden of proof is a legal rule that sets the standard for how a person must prove a fact to be true in court. The burden has two components: who has to prove the fact and how convincingly they have to prove it. Both of these components depend on exactly what type of fact the parties are trying to prove.

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New Study Casts Doubts on Premarital Cohabitation as a Cause of Divorce

 Posted on April 25, 2014 in Divorce

For a long time, social scientists held a common belief that living together before marriage was a strong predictor of divorce. However, new research from the University of North Carolina at Greensboro casts doubt on that idea. Past studies compared divorce rates based on the age at which the spouses married, and found a significant increase in divorce rates among couples who cohabitated prior to getting married. This study’s author believed that this was the wrong way to go about measuring things. Instead, she opted to compare couples based on the age that they began living together, regardless of when they got married.

 What the Study Found

 The UNCG study found that if the researchers compared couples by their age of cohabitation, their divorce risks were equal regardless of whether they were living together before marriage. This is because many couples who move in together begin to “act married,” regardless of whether there has been an official ceremony. The study also did confirm another common belief that couples that pair up earlier have a higher likelihood of divorce. In fact, divorce rates drop by as much as 25 percent for people who cohabitate in their mid-twenties as compared to those who begin living together at 18.

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