Recent Blog Posts
Could the Spike in Domestic Violence Deaths Affect 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.
Can a Divorced Spouse Collect Social Security from Their Ex?
Divorce data from 1990 to 2021 found that divorce rates for those over 45 increased during that time period, while divorce rates for those younger than 45 actually dropped. The most significant increase was among those 65 and older—the rate of divorce for this age group tripled from 1990 to 2021.
Because of the significant increase in what is known as "gray divorce," property division issues during divorce--including the division of Social Security benefits—have moved to the forefront. To ensure you receive the best, most knowledgeable legal advice during your divorce, it is essential that you speak to a skilled Naperville property division attorney from Law Office of Ronald L. Hendrix, P.C.. We will work hard to ensure you receive your fair share of the marital property.
What Constitutes Illinois Child Custody Interference?
Illinois statutes regarding child custody interference make it unlawful to "deprive another person of his or her rights to visitation, parenting, time, or custody time." The first two violations of the statute are petty offenses, but a third violation is a Class A misdemeanor with maximum penalties of up to 364 days in jail, a fine of up to $2,500, mandatory court assessments, revocation of the offender’s driver’s license, or up to two years of court supervision.
Child custody interference occurs when one parent deprives the other parent of custody or visitation time. A parent may refuse to return the child, hide the child, or even remove the child from the state. While these are overt examples of child custody interference, the practice can be much more subtle yet still have devastating consequences. A parent dealing with child custody interference should keep careful records detailing instances of interference and should speak to a knowledgeable Naperville child custody attorney from Law Office of Ronald L. Hendrix, P.C..
Who Keeps the Pets After Divorce?
While legally, pets are property, realistically, they are more like family members. The bond between people and their companion animals can be incredibly strong. Losing a pet in your divorce can impact your mental health and lead to a sense of loss. Many pet owners find that being responsible for a dog or cat makes them more active and much happier. Prior to 2018, courts had no choice but to allocate dogs, cats, birds, and other companion animals as they would any other marital asset - by awarding them to one spouse or the other. Now, courts have the ability to award joint ownership of the family pets. A Will County, IL divorce lawyer can help you work out a custody-like arrangement for your pets or fight to keep them in your sole custody.
Factors in Allocating Ownership of Marital Companion Animals
In some cases, a pet very clearly belongs to one spouse or the other. This is often the case when one spouse had the pet long before getting married. In other cases, the couple adopted the pet together and shared the work and cost of caring for it. Some things the court might consider when allocating sole or joint ownership of your companion animals include:
When to Contest Child Custody
Contested child custody cases can be hard on everyone involved. It is usually best for parents who are getting divorced to try to agree to a parenting plan out of court with the help of their attorneys and a mediator. However, there are instances where child custody mediation fails, and the parents must allow the court to make decisions. As a parent, you might need to make the decision that litigating child custody is necessary to protect your children if the other parent is being unreasonable or would not do what is best for the children. If you need the court to decide what parenting arrangements are in your child's best interests, you must be represented by an aggressive Will County, IL, child custody attorney.
Reasons to Litigate Your Child Custody Case
Your lawyer will recommend trying mediation first in most, but not all, cases. If mediation fails or is highly unlikely to work, your lawyer might begin preparing to take your case to court. Reasons you may ultimately need to contest your child custody case include:
Gray Divorce and Financial Abuse
Older adults are more likely than younger people to fall prey to financial abuse. The perpetrator can be an adult child, a caregiver, or even your spouse. It is more common than you might think for one spouse to take advantage of the other financially, especially when both spouses are at retirement age. If you are a retirement-age adult questioning whether you want to stay married to your spouse, you should speak to an experienced Naperville, IL complex divorce attorney at once. A skilled lawyer can help you recognize the signs of financial abuse in your marriage and take steps to protect your financial health during the divorce process.
Recognizing The Signs of Financial Abuse in a Marriage
A financially abusive spouse will often claim that he or she is only trying to protect you as he or she gradually takes complete control of the finances. While it is sometimes necessary for a family member to begin managing the financial affairs of an elder who is suffering from Alzheimer’s or dementia, this process should be overseen by your doctors and an attorney who is obligated to act strictly in your best interests. Signs that your spouse is financially abusing you include:
Can I Use Fertilized Embryos After We Get Divorced?
Infertility is a challenge that many people face, and the rate of couples who deal with infertility is on the rise. Because of this, we can expect to see more and more legal cases, such as divorce, involving questions around fertility. Just a few weeks ago, for example, the Alabama Supreme Court ruled that frozen embryos are legally considered “people,” making questions about what happens to fertilized embryos in a divorce in that state much more complicated.
Although the chances of such a law being passed in Illinois are effectively zero, Illinois couples who have frozen embryos and are considering divorce are still left with difficult questions about how these embryos - which are a combination of both spouses’ DNA and could potentially lead to the creation of shared children, even after a divorce - should be handled. If you are in this situation, seek the help of a compassionate, experienced family law attorney who will handle your case with sensitivity and respect.
Recognizing Spousal Abuse in Your Marriage
Getting out of an abusive marriage is not easy. No matter what type of abuse your spouse has inflicted on you, leaving him can be emotionally challenging. Most abusers try to make their spouses believe that they need the abuser and cannot handle life on their own. You may have been made to feel that you are completely dependent on your abuser and cannot leave. However, when you begin divorce proceedings, you will likely find that your spouse manipulated you into feeling that way and you are perfectly capable of living without him. You need to be represented by an aggressive Will County, IL divorce lawyer who can help protect you against continued abuse during your divorce. Your spouse will likely try to complicate the divorce.
4 Forms of Abuse Married People Might Face
Recognizing that you are being abused in the first place is not always easy. Some forms of abuse are insidious. Types of spousal abuse include:
When Do Child Support Payments Stop?
If you are paying or receiving child support, you might wonder when these payments will end. Traditionally, child support payments end when a child becomes a legal adult on his or her 18th birthday. However, this is not always the case anymore. There are several situations where a parent might be required to keep making child support payments after the child who is entitled to support turns 18 years old. If you need to establish child support payments or have questions about when these payments might stop, or if you have an ongoing child custody case, a Will County, IL child support attorney can help.
When Child Support is Still Owed After a Child Turns 18 Years Old
The reality is that most 18-year-olds are not able to financially support themselves. It is very rare for an 18-year-old to be able to secure employment that pays enough for the new adult to live on. This means that most young adults still rely on their parents for support. Child support payments might continue after a child’s 18th birthday in the following situations:
Signs Your Child is Not Safe in Your Ex-Spouse’s Home
While a lot of divorced parents dislike leaving their child with their former spouse for a number of reasons, fearing for your child’s safety when she is with your ex-spouse is another matter entirely. It is normal for divorced parents to disagree with some aspects of each other’s parenting styles or to not always agree with each other’s parenting decisions - for example, you might not like it when your ex-spouse lets your ten-year-old stay up until midnight. However, if you start to notice signs that your former spouse’s parenting decisions are putting your child in danger, you need to speak with a Will County, IL child custody attorney immediately. You might be able to modify your child custody order if there is evidence showing that your former spouse is putting your child at risk.
Warning Signs That Your Former Spouse’s Household is Not Safe for Your Child
Noticing a risk to your child’s safety promptly is critical. You know your child best. If something seems wrong when you pick your child up from her co-parent’s home, do not ignore your gut feeling. Signs that your child might not be safe when she is with your former spouse might include: