Posted on January 15, 2025 in Divorce

A name change usually follows a significant life change, and divorce certainly qualifies. Changing your name is a very personal decision. While women certainly may keep their married name following divorce, some choose to return to their "maiden" name. A woman who has been married for a significant length of time and may have used her name professionally may decide to keep her married name simply because it is the easiest thing to do.

Others may hesitate to change their last name because this might mean the children will have a different last name, which can get confusing. If a woman’s marriage was filled with contentiousness or even abuse and the divorce is shaping up similarly, she may have little trouble deciding whether to change her name. Whatever decision you make, changing your name is a process that can benefit significantly from speaking to a Will County, IL family law attorney.   

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 Posted on January 08, 2025 in Divorce

Many of us have heard that January is known as the "divorce month." While there is some evidence to back this up, the months of January through March might more realistically be known as the "divorce season." One of the primary reasons January sees a spike in divorce rates is that many spouses are reluctant to file for divorce during the holiday season and may resolve to stay together until the holidays are over.

Taxes may also have a bearing on the January divorce spike, depending on whether filing as single or married is more advantageous. Some couples may choose to end the year married so they can get certain tax breaks when filing. Many people file for divorce at certain points in the year as a means of minimizing family and personal emotional pain. August often sees a spike in divorce rates, likely because it follows family vacations and the start of a new school year.

If a couple’s last child goes to college in August, there may no longer be the need to "stay together for the children." Regardless of when you choose to file for divorce, having a strong legal advocate in your corner can make the process so much easier. A Will County, IL divorce attorney can help you determine not only when to file for divorce but how to get through the coming months in the best way possible.

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 Posted on December 29, 2024 in Child Custody

When parents divorce, life can be challenging for all those involved, particularly the children. While most parents want what is best for their children, some seem unable to resist speaking negatively about the other parent. While this is rarely productive in any way, it can be especially damaging to children. An American psychiatrist, Dr. Richard Gardner, introduced the phrase "parental alienation syndrome" in 1985, defining it as a childhood disorder arising almost exclusively during child custody disputes.

Gardner described children being "programmed" by one parent to reject, fear, dislike, or hate the other parent. Parental alienation can be obvious or more insidious, but the end result is the same – to damage the child’s relationship with the other parent. If one parent believes the other is deliberately waging a parental alienation war against them during the allocation of parental responsibilities, it is important to address it quickly before it can spiral out of control. A Will County, IL parental responsibilities attorney can help recognize and address parental alienation.

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 Posted on December 24, 2024 in Divorce

Although nine states currently recognize common-law marriage, Illinois is not one of them. What happens, then, when a couple with a recognized common-law marriage in another state – like Texas – moves to Illinois? Is the common-law marriage recognized? What if the couple wants to divorce?  Broadly speaking, a common-law marriage is not considered a "real" marriage in the state of Illinois.

That being said, technically speaking, Illinois law does recognize a common-law marriage from another state. In practice, however, there appears to be a large body of evidence that speaks to the contrary, which means it can be very challenging to prove a common-law marriage in a state that does not recognize that type of marriage.  

The tricky part of this equation might be proving that you did, in fact, have a valid common-law marriage in Texas or another state that recognizes common-law marriages. If you are facing a similar situation, speaking to a knowledgeable Will County, IL family law attorney can help you determine where you stand in this situation.

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 Posted on December 13, 2024 in Divorce

If your divorce is even slightly more complicated than a divorce where both parties agree on virtually everything, then you may need witnesses during the divorce process. One of the top reasons for a witness would be when one party calls in a third party as a character witness. A character witness is someone who knows you well and can speak to your overall character.

If your spouse is questioning your morals, ethics, or level of responsibility during the allocation of parental responsibilities, you may need one or more character witnesses. If you are making certain allegations against your spouse, then you might also call witnesses to support those allegations. For example, if you claim your wife is an alcoholic, you might call witnesses who have firsthand knowledge that the claim is true.

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 Posted on December 03, 2024 in Divorce

Most of us have heard the statistics that claim half of all marriages will end in divorce. While that was true in the early 1980s, divorce has been on a steady decline since then. Today, in the United States, about 39 percent of all marriages will end in divorce.

The drop in divorce rates is largely related to Millennials, who appear to be more selective about their life partners, marry later, and are more likely to remain married. Some of these younger couples say they want to be more financially secure when they marry, while others are finishing up their education, or are laser-focused on getting their careers off the ground.

In any case, the 50 percent divorce rate that is still claimed is nothing more than a myth – and there are plenty of those myths circulating regarding divorce. When you need solid, knowledgeable divorce guidance, you need a Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C.. We can help you with the divorce process, answer your questions, and advocate on your behalf.  

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 Posted on November 26, 2024 in Child Custody

If you and your ex have children, you will likely be dealing with child issues until they are grown. Because of this, it is essential that you learn to co-parent peacefully regardless of how you feel about one another. The holidays can be difficult for all those involved. If the allocation of parental responsibilities dictates that your children will be spending a major holiday with your ex, it can be emotionally wrenching to think about Thanksgiving or Christmas without your children.

This can be a painful reminder of when you, your ex, and your children were a family. If you find yourself in this situation, it is time to set your own sadness or depression aside and work with your ex to make sure your children have a happy holiday season. In addition to the tips and suggestions below, a Will County, IL family law attorney from Law Office of Ronald L. Hendrix, P.C. can help if you have legal questions related to your divorce or the allocation of parental responsibilities.  

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 Posted on November 19, 2024 in Property Division

A National Endowment for Financial Education poll analyzed "financial infidelity" among married adults. Two out of five of the adults polled admitted they had committed some type of financial deception during their marriage. Financial infidelity includes hiding purchases, money, or accounts or lying about debt owed or income earned.

Men were found to be more likely than women (47 vs. 39 percent) to report committing financial deception. While it would be nice to be able to trust one’s spouse during a divorce, realistically, if spouses are not transparent with finances during the marriage, they are unlikely to be transparent during the divorce, during the division of assets.  

By the time a divorce is in the works, spouses may have little trust in one another, particularly when it comes to finances. One spouse may believe the other is already hiding assets or will hide or remove assets. As a result, one or both spouses can ask the court to freeze marital assets during the divorce until those assets can be appropriately divided and distributed.

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 Posted on November 13, 2024 in Divorce

Divorce is financially stressful and emotionally exhausting, especially when one spouse refuses to play by the rules. When underhanded strategies are used by one spouse to gain an unfair advantage during a divorce, the other spouse may not know how to counter these tactics effectively. Having an experienced Will County, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. can help ensure you have a strong advocate in your corner who will always look out for your rights and your future. Below are the five most commonly seen sneaky divorce tactics.   

One Spouse is Hiding Assets from the Other

There are numerous ways to hide marital assets during a divorce. These include underreporting income, transferring property to friends or family, inventing debt to minimize assets, and delaying work bonuses or compensation until after the divorce. Texas community property laws dictate that all marital assets are subject to a 50/50 split. If some of those assets are hidden, then a fair division is not possible. It is important that spouses have a comprehensive picture of the marital assets. In some instances, a forensic accountant must be brought in to trace hidden assets.

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 Posted on November 05, 2024 in Divorce

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.  

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