Dickson Law Group, LLC

Divorce, Bankruptcy, and General Practice Lawyers

5415 Bull Valley Road
McHenry, Illinois 60050
(815) 317-5193 tel
(815) 317-5194 fax
john@dicksonlawgroup.com

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17 common divorce causes. Money is not so important.

December 9, 2014 By John P. Dickson

Just about everyone who practices divorce law has had the conventional wisdom pounded into their head that financial and money problems lie at the heart of most divorces. At least we are told that people are capable of working things out if only they could create some financial stability for their household.

A recent study shows that our conventional wisdom regarding divorce is apparently incorrect. Two researchers in the sociology department of Pennsylvania State University, Paul R. Amato and Denise Previti, analyzed questionnaires submitted by divorcing spouses between 1980 and 1997 to try to determine what caused the breakdown of the marriage. Amato and Previti were able to identify 17 unique causes of divorce.

The most common causes of divorce are surprising to no one:

  • Infidelity (indicated in 21.6% of cases)
  • Incompatibility (indicated in 19.2% of cases)
  • Substance abuse (indicated in 10.6% of cases)

However, a surprising take away for me is that none of the top responses involve money. 3 of the 17 identified causes of divorce had a financial component to them:

  • Not meeting family obligations (which related more to homemaking, but nevertheless had a “bread winning” component was indicated in only 3.4% of cases)
  • Employment problems (indicated in 3.4% of cases)
  • Financial problems (indicated in 2.4% of cases)

Here is the full table summarizing the results of Amato and Previti’s study:

Reasons why people file for divorce

The most frequent causes of divorce are listed here in full. Surprisingly, money is less important to a happy marriage than we have been lead to believe.

Love is all you need? Tips for spouses trying to avoid divorce.

Marriages require work. A lot of people are raised to think that being a good earner for the family is enough to create a happy, healthy marriage and family unit. That is apparently wrong. But, the other end of the spectrum–working on love exclusively–is just as wrong. Communication, bonding, creating happiness for your spouse, and being compatible with your spouse are every bit as important as love and providing for your family.

Most people seeking a divorce will first make efforts–either in a formal marriage counseling setting or on their own–to fix the problems they are experiencing with their spouse. If you are reading this post and your marriage is on the rocks, it may be helpful to walk through each of the 17 causes of divorce and figure out what applies to your relationship (and needs work) and what doesn’t.

Filed Under: Divorce

How to save money on your McHenry County divorce case

November 7, 2014 By John P. Dickson

Divorce is not a lot of fun. Even less fun is the bill you receive from your attorney for your divorce in McHenry County, Illinois. Here are a few tips that will help keep your bill down.

1. Collect your thoughts before you reach out to me.

I am more than happy to speak with you all day long, but I will bill you for every minute of that time. If you call me nine different times regarding nine different issues, your bill will be much higher than if you call me only once and save those nine questions for that one phone call. Keep a note pad with all of your questions for your divorce attorney. Use that note pad to make fewer, more productive phone calls.

2. Use email, not the phone.

Most attorneys provide better, more complete answers to questions in writing than over the phone. It takes less time to respond to emails than it does to talk on the phone.

3. Understand your attorney’s role in the divorce case.

Divorce clients tend to want their attorney to be a therapist, social worker, police officer, and problem solver in addition to being a lawyer. I have no problem helping you vent about your soon-to-be ex-spouse, but the truth is that you will likely have a more productive therapy session with a therapist. Before reaching out to your lawyer, you should ask yourself “Is this something I hired my lawyer to deal with?” I can promise you that your therapist’s hourly rate is lower than mine.

4. Don’t hide things from me.

Did you take your girlfriend for a weekend in Las Vegas? Do you have a separate apartment? Did you spend a couple thousand dollars on the kids for Christmas? If you did something that you do not want your soon-to-be ex-spouse to know about, you should tell me. I can’t help you unless you let me.

Filed Under: Divorce

There is no such thing as “common-law marriage” in Illinois

October 8, 2014 By John P. Dickson

Common-law marriages create all sorts of headaches for governments and courts. In its simplest form, a common-law marriage is a marriage that can arise in some jurisdictions without having been registered with the government. Because these marriages are unregistered, someone (either a judge or bureaucrat) must determine on a case-by-case basis whether two people are actually married when they attempt to file a joint tax return, seek to have a tax-free inheritance, look to adopt a child, attempt to establish the paternity of a child, seek health insurance through the spouse’s employer, and in many other contexts. These determinations consume a significant amount of government resources, and therefore governments dislike them.

As of the date of this post, common-law marriage exists in only nine states (plus Washington D.C.). Illinois is not one of them.

If you so desire, you can still be deemed to have a common-law marriage in nine states, Alabama, Colorado, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah, and the District of Columbia. There is a dispute as to whether common-law marriage still exists in Oklahoma, and common-law marriage only exists in New Hampshire for purposes of distributing property at the death of one spouse. In all other states, including Illinois, you cannot obtain a common-law marriage and must apply for a marriage license if you desire to be married.

The Full Faith and Credit Clause (art. IV, sec. I of the US Constitution) requires the individual states to recognize the “public acts, records, and judicial proceedings of every other state.” If you became common-law married in a state that recognizes common-law marriage, Illinois must recognize your marriage.

Long-term cohabitation is dangerous for significant others in Illinois who sacrifice their career for the relationship.

If you want the benefits of marriage in Illinois, you need to get married.

If you want the benefits of marriage in Illinois, you need to get married.

Courts award spousal support (occasionally called “alimony”) to divorcing spouses who sacrificed their career and education to maintain the marital home. There is no such thing as spousal support, alimony, or “palimony” for unmarried persons. Illinois courts have flatly refused to recognize palimony since 1978, explaining that “it is not appropriate for this court to grant legal status to a private arrangement substituting for the institution of marriage sanctioned by this State.” See Hewitt v. Hewitt, 77 Ill.2d 49, 394 N.E.2d 1204 (Ill. 1979).

 

Filed Under: Divorce

Spousal support awards cannot be uncapped but still can be very expensive

August 4, 2014 By John P. Dickson

On July 31, 2014, the Second District of the Appellate Court of Illinois issued an instructive opinion relating to spousal support (sometimes referred to as alimony) in the case In re Marriage of Ellen Micheli and John Micheli, 2014 Il App (2d) 121245. A full copy of the opinion is available here. In this case, the husband, John, was ordered to pay spousal maintenance to his ex-wife, Ellen, in the amount of $3,700 per month for seven years plus 20% of any bonuses he receives during that time period. John contested that award of spousal maintenance on appeal saying that an uncapped award of spousal maintenance has no rational relationship to Ellen’s present needs or the parties standard of living during the marriage. The Second District of the Appellate Court of Illinois agreed for the reasons that follow. The ability of the divorce court to award spousal maintenance governed by the IMDMA—if the divorce court cannot find authority act in that statute, it cannot do it. Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) (750 ILCS 5/504) sets forth twelve factors that the divorce court is to consider when asked to award one spouse temporary or permanent maintenance:

  1. the income and property of each party;
  2. the respective needs of each party;
  3. the present and future earning capacity of each party;
  4. any impairment to the parties’ present or future earning capacity, resulting from domestic duties or delayed education or employment opportunities due to marriage;
  5.  the time necessary for the party seeking maintenance to acquire the appropriate education, training, and employment and whether that party can support himself or herself through appropriate employment, or whether, as the custodial parent, it is not appropriate for the party to seek employment;
  6. the standard of living throughout the marriage;
  7. the duration of the marriage;
  8. the age and physical and emotional condition of both parties;
  9. the tax consequences of the property division;
  10. the contributions by the party seeking maintenance to the education and career of the other party;
  11. any valid agreement of the parties; and
  12.  any other factor that the court expressly finds to be just and equitable.

IMDMA § 504(a). None of these factors individually are determinative of whether maintenance should be awarded to a spouse, and the divorce court has broad latitude in what factors to consider in making or not making such an award. Looking to the twelve factors set forth in IMDMA § 504(a), the appellate court agreed that an award of spousal maintenance based upon an uncapped percentage of John’s future bonuses and income is not permitted under the law. The fact that John may earn significantly more in the future has no bearing on Ellen’s present needs or the parties’ standard of living during the marriage.

The importance of this opinion cannot be understated. An award of spousal maintenance based on a sliding scale can become very expensive over the life of the award. Suppose John on average received an annual bonus of $100,000 over the seven years of the maintenance award. In addition to the $300,000 he is obligated to pay with the award of $3,700 per month, he could have ended up paying an additional $140,000 over the life of the maintenance award.

Divorce is expensive, but spending money on your attorney can save you money

An additional takeaway from this opinion is the amount of attorney fees the parties paid. Paragraph 12 outlines that Ellen’s attorneys billed a total of $182,000 for their services, and John’s attorneys billed $95,000. Combined, the lawyers’ bills for this case exceeded $277,000! In a case like this where the amount of spousal maintenance alone could exceed $500,000 (and that does not include child support or property distribution), it was probably worth it for both parties to put up such a fight. For your divorce, the cost-benefit calculation for so aggressively litigating the case may be different. An experienced divorce attorney in the McHenry County area can provide you with the information you need to make this important decision.

Filed Under: Divorce, Spousal Support

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Dickson Law Group, LLC is a McHenry County, Illinois law firm authorized to practice in the courts of Illinois and Wisconsin. We provide legal services for individuals and small businesses in the areas of bankruptcy, business law, criminal defense, divorce, family law, personal injury, probate law, real estate law, traffic tickets and DUI defense, estate planning, and litigation.

If you are looking for a McHenry County lawyer or attorney serving Crystal Lake, Lake in the Hills, Cary, Algonquin, Carpentersville, Barrington Hills, Barrington, Lake Barrington, Lakewood, Huntley, Gilberts, Woodstock, Dundee, Island Lake, and McHenry, please contact us to arrange a free, no-obligation consultation.

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Dickson Law Group, LLC
5415 Bull Valley Road
McHenry, IL 60050
Phone: (815) 317-5193
Fax: (815) 317-5194
Email: john@dicksonlawgroup.com
Url: https://dicksonlawgroup.com/
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