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Belleville and Edwardsville Divorce Law Blog

Domestic violence: the predominant health problem in the U.S.?

We all know that domestic violence is a recurring concern of some magnitude across the country. That sad reality has been made especially apparent recently by the explosive arrival of successive abuse-related stories involving professional athletes.

Is the problem as bad as the above headline suggests it might be, though? Does domestic abuse really outweigh other sobering national concerns on the health front?

The U.S. Surgeon General thinks it does, having gone on record to make the point.

Prenuptial agreement: It doesn't have to be so emotive

25455553_S.jpgIt sometimes seems that when the subject of premarital agreements is broached with a group of people, an emotional response is quick and evident. Nervous giggles might mingle with derisory comments, with those in turn coupled by diffident endorsements or, sometimes, outright expressions of approval.

Indeed, this particular legal instrument seems to have a distinct aura about it that can somehow make it compelling and off-putting at the same time.

Why is that?

What is the SCRA, and how does it apply to military divorce?

3764494_S.jpgFew people who actually think about the subject matter for a few moments will disagree that family law matters in the military can be profoundly different from what is typically the case in the civilian world, and on many fronts.

Many divorcing or already divorced servicemembers in Illinois and Missouri already know that from personal experience.

It is certainly true, of course, that child and spousal support considerations are focal concerns in many divorce matters, regardless of whether a dispute arises between a civilian or military couple. Many other family law issues and related disputes would also seem to similarly surface, without regard to military status.

About that high-asset divorce: singular considerations

Thumbnail image for 8925011_S.jpgAlthough some similarities commonly attach to divorces regardless of their relative complexity, there does tend to be a bottom-line division of considerations for decouplings that involve a comparatively heavy dose of assets and property.

In other words: They're just different, at least in degree.

We noted that in an article on complex divorce that previously featured on our blog, emphasizing the singular reality of such divorces in Illinois and elsewhere, most notably their need for an especially strong focus on documentation.

How to Get a Solo Mortgage After You Divorce

Thumbnail image for shutterstock_96106313.jpgThe negative effects of divorce on the family are well-documented. Depression is four times more prevalent in divorced people, while the children of divorced couples don't do as well in school and have higher drop-out rates than their peers with married parents, according to the National Institutes of Health. Here's one statistic that isn't quite so bleak: 46 percent of people surveyed in Credit.com's 2014 Marriage, Divorce & Credit Survey said their credit scores actually increased after divorce. It's the tedious process of separating finances and re-establishing an individual credit profile that makes getting your own mortgage more difficult after marriage. If you're trying to get a home loan after divorce, we'll help you make sense of the process.

Do I need to consider hiring a forensic accountant in my divorce?

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As you move purposefully ahead with your divorce planning, it is certainly reasonable to contemplate the divorce team that will be required to safeguard your legal rights and best promote your interests.

In Illinois and elsewhere, that optimal composition of professionals will depend upon a number of factors, given that -- as we feel compelled to occasionally restate and underscore for our readers -- every divorce is different.

A good place to start, of course, is with a proven divorce attorney who routinely handles family law affairs across a broad spectrum of considerations. Those include matters relating to child custody and support, spousal maintenance and property division.

Opinion: perhaps too much judicial power in family law matters

28491105_S.jpgIn a recent opinion piece written for The New York Times, psychology professor and author Robert E. Emery notes what he thinks is a hard-line and sometimes irrational dichotomy between how the American legal system treats married parents versus divorced parents, respectively, in matters relating to children.

Emery points to time-honored judicial restraint in most instances when it comes to how-to-raise-the-kids disputes that arise between married spouses. He cites a court ruling -- concededly, now dusty and time-worn -- from one state noting that, "No end of difficulties would arise should judges try to tell parents how to bring up their children."

Domestic violence allegations and defense: how a lawyer can help

21924135_S.jpgImagine this situation. Your Illinois or Missouri family life with your spouse or significant other has turned abusive. Perhaps that abuse is physical and marked by punching, kicking and other violent acts. Perhaps it is emotional, being primarily characterized by threats, demeaning language and other actions that materially lessen your self-esteem. Or maybe it is financial; some partners in a relationship insist on total control over all money matters, precluding their mates from even possessing cash in any amount.

Whatever the source of abuse, it is unhealthy and often dangerous -- sometimes fatally so. And an assailant is often likely to lash out against more than just his or her partner, with children and other family members often being victimized, as well.

Valuing a business: the role of an experienced attorney

16561251_S.jpgOne strong segment of our Illinois and Missouri law firm's divorce practice is the valuation of a professional business or practice, as well as focus on marital dissolutions where the division of property is a major financial concern to all parties involved.

A relevant page on our website refers to the "complex and sophisticated assets" that feature centrally in select divorces, with such assets encompassing a broad universe of possibilities.

One area of concern to some divorcing parties is intellectual property. We are reminded of that by a recent story concerning a federal lawsuit filed by the ex-wife of a man who obtained a number of patent rights on technology aimed at turning traditional board games into video format for the casino industry. The woman claims she worked together with her former spouse to develop the concept and has a right of equal ownership.

Seeking an option to a court-overseen divorce? We can help

Thumbnail image for 12336544_S.jpgIn our immediately preceding blog post, we alluded to a so-called alternative dispute resolution process in family law called collaborative law.

When collaborative law -- which also encompasses mediation -- is referred to as an alternative, it is being compared to the litigation process.

In family law, and especially regarding divorce, litigation is centrally deemed as being adversarial, with divorcing spouses dealing with substantive dissolution issues -- for example, property distribution, spousal and child maintenance/support, visitation and child custody and so forth -- under the watchful eye of a judge. The court sets the relevant timetable for bringing issues and raising objections, with the judge ultimately pronouncing legal judgment concerning material divorce matters.

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