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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 Posted on July 29,2024 in Divorce

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.  

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 Posted on July 24,2024 in Child Custody

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..

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 Posted on July 16,2024 in Property Division

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: 

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 Posted on July 08,2024 in 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: 

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 Posted on June 28,2024 in Divorce

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:

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