Schlueter Ecklund & Davitt
View Our Practice Areas

Rockford Illinois Law Blog

Lack of fulfillment cited as a leading cause of divorce

The laws of Illinois make it a relatively simple task to marry. For instance, unlike many states, there is no blood test required or mandatory 24-hour waiting period. However, divorce may not be as easy in consideration of the family legal issues such as property division, child custody, alimony and child support. For this reason, and perhaps because of the perceived stigma of a marital split, many couples typically will think long and hard before initiating divorce proceedings. According to a new study, the motivating factors triggering the divorce are changing.

A common perception regarding the leading causes of divorce centers on what most people would consider intolerable behavior by one party in the marriage. Issues such as violence, substance abuse and infidelity are often cited. And while those are certainly factors in some relationships, marital researchers in the recent study revealed that the four most common reasons for divorce were more tied to issues of emotional fulfillment rather than inappropriate or illegal behavior.

How to use social media during and after divorce

Illinois couples who spend less time on social media may have stronger marriages than those who use social media sites more frequently. A study conducted by several organizations and Boston University found a decrease in marriage satisfaction correlated with more social media activity. People who are considering divorce might want to consider significantly curtailing their social media use.

They may want to review past posts and delete some of them. They may also want to check their privacy settings and delete anyone who is likely to cause problems. Anything posted on social media might be used in a contentious divorce. Couples who are going through a relatively amicable divorce might want to agree on how they will announce the end of the marriage on social media. Some parents may also feel strongly about how much information about their children is shared on social media. They can include guidelines about this in the divorce agreement.

Helping kids to get through a divorce

Divorcing Illinois parents may be very concerned about how the end of their marriage will affect their children. After all, kids often struggle emotionally with the idea that their parents will no longer be together. In addition, the practical effects of divorce can be particularly significant for children who may experience a change in their standard of living or who now regularly move between their two parents' homes instead of sharing one house. Because divorce can be scarring for children, parents may want to consider how they can best protect and support their children throughout these changes.

One of the most important things experts advise is to keep the children out of disputes between the parents. When parents divorce, they should remember that their children do not want to take sides in the split or be forced to choose between their love for one parent or the other. At the same time, it is important to maintain a relationship of openness and honesty without attempting to win the child's sentiments to one parent's side of the divorce. Children, especially younger kids, can benefit from reassurance that both parents love them and will not leave them.

Can you no longer realistically handle your debt?

Like most people, you likely did not wake up one day and find that your financial situation was out of control. Certainly, a sudden event may have started the decline, but your money woes may have worsened considerably over time before you reached a point that you felt unable to handle your affairs realistically.

Lately, you may have been considering the best possible options for addressing your financial problems, and bankruptcy may be at the top of your list. Of course, moving forward with bankruptcy is not a step you want to take lightly, so you may start with gaining more information about the option before filing a petition with the court.

Keeping money separate during marriage requires a plan

Marriage means different things to different people, but one commonality to all those who choose Illinois as the place for taking their vows of matrimony is that they are bound by the laws of that state in how that marriage is legally formed and, ultimately, if things don't work out, how that marriage is dissolved. Few couples enter marriage with divorce thoughts looming, yet it is realistic to be aware that not all unions last forever. Consequently, it is not unusual for people to take steps to protect their own interests in the event that a divorce becomes necessary.

At one time, couples recently married were very likely to combine all their assets into joint accounts. Relationship experts report that younger people are more likely to question the wisdom of that approach and typically maintain separate accounts after marriage. The obvious intent is to be able to more easily go their separate ways if a divorce becomes inevitable. However, there's more to the analysis than keeping assets separate.

Trusts provide several estate planning benefits

There are several reasons why Illinois residents may wish to consider using trusts in their estate plans. Trusts offer testators far more control over how and when their assets will be distributed, which can be an important consideration if their heirs are young, have acted irresponsibly with money in the past or are struggling with alcohol or drug problems. Trusts allow estates to avoid the public and sometimes protracted probate process because assets put into trusts are owned by the trust and not the estate, and they also offer protection should testators become incapacitated.

Trusts are either revocable or irrevocable. Revocable trusts are more flexible as they can be altered or revoked. This type of trust is created while individuals are still alive and is usually created to avoid probate. These trusts are often revoked following a divorce or when significant changes are desired and drafting a new trust would be easier.

When entrepreneurs' personal credit is on the line

Entrepreneurs in Illinois may have a difficult time fully separating their personal finances from those of their business, especially when they are working on starting a new company. For example, while a new business may have no credit history at all, many business owners have excellent credit scores earned through years of on-time payments and intelligent management of debt. Therefore, they may be tempted to use their personal credit as an asset when seeking credit for the business such as a bank loan.

However, business owners should also recognize that using their personal credit to secure a business loan exposes them to a greater amount of risk. Many people choose a business structure during the formation of their companies that protects their personal assets from business losses. When owners choose to put their personal credit on the line for their business, they can in some ways open themselves up once again to risk. For example, a personal guarantee is a commitment to pay back the business' debt in case the company is unable to; this type of guarantee is frequently requested by some lenders. It essentially makes the business owner a co-signer on the business' obligations.

Medical debt top cause of bankruptcy

Of those who file for bankruptcy in Illinois and throughout the country, roughly 66.5% do so because of medical bills. Individuals file either because of the medical debt itself or because of a lack of income caused by time spent out of work. This is according to a study that was published in the American Journal of Public Health. It found that the Affordable Care Act has done little to reduce the number of bankruptcies related to medical costs.

In fact, the percentage of people citing medical debt as the reason for bankruptcy actually increased in the three years after the ACA was introduced. This is because the level of care that people needed was not available or too expensive. Furthermore, most Americans don't have enough money saved up to help them cover the cost of an emergency. A Bankrate survey found that 60% of Americans couldn't cover an emergency expense of $1,000.

Protecting your interests when involved in a boundary dispute

When you buy Illinois property, it's always smart to know as much as possible about what you are buying. One of these things includes knowing where your property starts and your neighbor's property ends. Property boundaries are important, especially when you find yourself in a disagreement over them.

If you are involved in a boundary dispute with your neighbor, you need to know how to protect your interests and your property rights. This type of disagreement is more than just an awkward inconvenience – it can directly impact your property rights. You will find it beneficial to learn how you can effectively resolve these types of disputes and what you need to do to get a definite answer to your concerns.

Tips for new business owners

Corporate workers in Illinois who have considered leaving their job and starting their own businesses are not alone. However, before they leave a source of steady income to pursue their dreams, they should take time to carefully consider certain factors about being a startup business owner.

One of the most important steps individuals should take when they are thinking about starting their own business is to conduct thorough research. In order to make the move from an employee to a business owner as seamless as possible, they should make sure that their business is making sufficient money before they leave the safety of their job. It is also important to add as much as they can to their savings during that time.

Schlueter Ecklund & Davitt
4023 Charles Street
Rockford, IL 61108

Toll Free: 800-207-5133
Phone: 815-516-8264
Fax: 815-229-0733
Rockford Office Location