Up until recently, Illinois has stopped the guardians from seeking divorces for their mentally-ill wards. Anyone who is mentally disabled would not be able to divorce their spouse, unless their spouse initiated the action. But on October 4th, the Illinois Supreme Court ruled on a case which may allow some to seek divorce.
The ban covered all people who had severe brain damage yet did not describe a range for people who can make their wishes known. People who suffer from Alzheimer’s or whose mental adversity can come and go were also controlled by this ban.
While the ban tried to protect the people who love and care for those with mental hardship, the Supreme Court maintains that the opposite might be just as true. Judge Charles Freeman wrote in the decision that the ban can leave vulnerable people “at the complete mercy” of spouses who abuse them or manipulate them financially.
Now, the court will have to decide on a case to case basis rather than having a catch-all regulation. The guardians can file for the divorce and the judge presiding will have to look at evidence objectively if the person cannot represent their own wishes. This was the direct result of a ruling involving a Cook County couple, Jan and Marcia Karbin. Marcia Karbin suffered brain damage from a car crash in 1997. After financial disputes with her husband, she asked her guardian to file for divorce, and now she can.
If you are in a relationship where you are victimized by your spouse, then you deserve a voice as well. No one deserves to be trapped in a relationship because they are too scared to leave. Contact an experienced family law attorney who can help you get the decision you want.
A recent article on the website dailycamera.com tells the story of a divorce gone wrong that resulted in a middle-class woman ending up homeless. While most difficult divorces don’t end in this drastic of circumstances, there’s no denying that the assistance of an experienced divorce lawyer is crucial in ensuring that you end up with what you deserve in your Illinois divorce.
Although she has a college degree and previous work experience, Nazzise had not worked for the last several years of her marriage, at her husband’ urging. In 2007, her now ex-husband abruptly moved out, removed her name from the couple’s joint bank account, andterminated the lease on the townhome they lived in. Nazzise found herself with no money and no place to live. Nazzise chose to represent herself in her divorce proceedings and was awarded alimony payments of $1,200 per month. Still, she struggled to make ends meet and find reliable, affordable housing. Because she was a single, able-bodied adult, Nazzise wasn’t eligible for many public assistance programs, and she believes that her employment gap hurt her in the job hunt.
According to some experts, Nazzise’s situation isn’t entirely uncommon. One sociology professor referred to women facing financial troubles following their divorce as “event-caused poverty” and said that it can take years to recover from. Although this can happen the other way around, men’s jobs usually pay more, and women are more likely to have put their career on hold when married, so it more commonly affects them.
If you’re going through a divorce in the Greater Chicago area, obtain representation by a qualified divorce lawyer as soon as possible. An experienced Wheaton, Illinois divorce lawyer can ensure that all assets are divided equitably and that you receive the largest alimony payment you are entitled to. Click here to contact the top divorce attorneys at Stock Carlson Flynn & McGrath LLC.