Posted on October 14, 2014 in Child Custody

Child custody laws and proceedings in Illinois, as outlined by the General Assembly, involve a specific method for the courts to follow while determining which parent ultimately wins custody of the children. These child custody laws also outline specific rights for both parents.

It must be understood that Illinois family courts do not discriminate between the mother and the father on the basis of parental role or gender. Also, Illinois family courts do not consider joint custody the default option.

During custody-rights negotiations and proceedings, both sides are given a voice and a listening audience. The decision is ultimately centered on determining which custody agreement can provide a life that is in the child(ren)'s best interest.

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 Posted on August 15, 2014 in Divorce

In Illinois, according to the Illinois General Assembly, various grounds for divorce include: adultery; the absence of one spouse for at least one year, willfully; habitual drunkenness (or drug use) for at least two consecutive years; being convicted of a felony or other "infamous crime"; attempted murder; bigamy; and impotence.

Illinois, however, is also a no-fault divorce state. This means that a couple can still be legally divorced, even if neither spouse is necessarily found at fault.

For a divorce to qualify as no-fault (also called uncontested), one or both parties must prove an irretrievable breakdown of the marriage and/or irreconcilable differences between the married parties. Also, attempts to further reconcile would prove unworkable and not in the best interests of those involved. Finally, two years of spousal separation are also required. However, this does not necessarily mean spouses need to reside in separate households. It just means they should be living similar to that of roommates.

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 Posted on July 29, 2014 in Spousal Support

The issue of alimony during a divorce can be highly contested between separating spouses — especially when one party’s economic means is greater than the other party. One reason for the conflict caused by alimony is a lack in the true understanding of its definition in Illinois, as well as its historical context in both a broad and narrow context.

It is a common misconception that alimony is a relatively new concept, proliferated by the increase in the divorce rate seen over last 30 years. However, the idea dates back hundreds of years. The origins of alimony lie in the divorce principles derived from the English laws of coverture that established a married couple as one entity, and thus merged their identities for legal purposes. This gave the husband control of any and all assets. In return, the husband was legally and morally obliged to "support and protect" his wife.

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 Posted on June 12, 2014 in Domestic Violence

The incidence of domestic violence (DV) remains with us more than ever. In fact, the 2013 Mary Kay Truth About Abuse Survey indicated a serious spread of the problem to Generation Y, reporting that shelters are serving more women, and women with children, specifically between the ages of 18 and 32. And those who were in shelters as children are now personally seeking protection from domestic violence themselves. Sadly, these findings show how the cycle of domestic violence is ongoing.

Each year, over one million women are victims of physical assault by an "intimate partner." However, only one in four reports the crime. And the key to the spread of domestic violence revolves in the fact that 30-60 percent of those who abuse a partner target the children as well. Noted by The National Coalition Against Domestic Violence, "Witnessing violence between one’s parents or caretakers is the strongest risk factor of transmitting violent behavior from one generation to the next." In fact, a boy who witnesses domestic violence is twice as likely, as an adult, to abuse his partner and children.

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 Posted on June 03, 2014 in Prenuptial & Postnuptial Agreements

During a couple's engagement, the consideration and discussion of a prenuptial agreement with a potential spouse may be considered "unromantic." However, many divorcees express the wish that they had executed one, as it can be a strong tool in avoiding a contested divorce proceeding.

Yet with that said, agreeing to a prenuptial agreement may show your fiancée that you are not in it for the money, but that you are committed to the relationship and are thus protecting the romance.

Elizabeth Gilbert, author of the bestseller "Eat, Pray, Love" puts it plainly: "Marriage is not just a private love story but also a social and economic contract of the strictest order...if it weren’t, there wouldn’t be thousands of municipal, state and federal laws pertaining to our matrimonial union."

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 Posted on March 23, 2014 in Gray Divorce

Has divorce become another rite of passage for older Americans in the baby boomer generation? New research suggests that Americans over the age of 50 are twice as likely to get divorced as people of that age were two decades ago.

Older individuals might have their own unique challenges in the divorce process: ending a marriage after many years of routines and grown children can be difficult. Family get-togethers with grandchildren might feel uncomfortable or a spouse might have to adjust to managing household finances that they have never done before. For some older people, being lonely is a common feeling reported by gray divorcees.

One of the most common challenges for those considering divorce in the baby boomer generation is the concept of drifting apart. After several decades together, couples might be headed in different directions. As older children leave the house to pursue education or careers, this gap might be more pronounced, leading couples to go their separate ways.

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 Posted on March 05, 2014 in Uncontested Divorce

Prepaid legal services are becoming more popular as benefits offered to employees.  More than 70 million Americans have these prepaid legal services. In these packages, a small amount is paid each month in return for some future assistance on a legal issue. While most of the legal help available is minimal through these programs, some people are still attempting to use them for an uncontested divorce. In these situations, you are likely better off with an attorney.

Many prepaid plans cover basic services and won’t get involved in more complex legal issues, like criminal defense.

If you and your spouse don’t have much to argue over, you might consider using these services for an uncontested divorce. The way the prepaid services work is that as you make payments into the plan, supposedly the amount of "work" you’re eligible to receive from an attorney grows. Once you "max out" these plans, however, you could find that you have to pay for representation anyways.

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 Posted on December 00, 0000 in Property Division

According to the latest numbers provided by the U.S. Census Bureau, married couples share ownership 3.7 million businesses in this country. When couples who own a business together have a good working marriage, that positive relationship usually carries over into their business as well. But if the marriage begins to erode and the couple files for divorce, it can be disastrous for the business, especially when that business becomes part of the divorce settlement.

The assets of the business become part of the marital estate that will be part of the divorce settlement and are subject to property division, just like the couple’s marital home, personal bank accounts, stocks, etc., and can involve complex negotiations.

The first thing that needs to be done is to determine the actual value of the business. There can be a great difference of opinion on the value dependent on whether or not spouses share equal partnership in the business or not. If one spouse owns a larger share of the business, he or she will likely come up with a lower value of the business than the spouse who owns a lesser share. For this reason, it’s best to hire an independent appraiser to come up with the total value of the business.

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 Posted on December 00, 0000 in Property Division

With most estimates putting the divorce rate just below 50 percent, plenty of American parents have gone through the stress of child custody battles. However, what many divorcing couples do not consider is the controversy that can result from fighting for the custody of pets.

According to reports, disputes over pet custody are becoming more common. In fact, one organization has introduced a prenuptial agreement that outlines who keeps the family pets in the event of a divorce.

Who Keeps the Pet in Illinois?

 While any pet-loving family is bound to view their precious dog, cat, or other kind of pet as a member of the family, the state of Illinois views them as a form of property. Therefore, it is important to understand the laws concerning property division.

Generally, there are two types of property: separate and marital. If the pet was the “property” of one specific spouse prior to the marriage, that person will have the legal rights to own the pet after the divorce completes. If the couple acquired the pet after marriage, however, the courts will consider the animal to be marital property.

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 Posted on December 00, 0000 in Property Division

A recent divorce case made headlines when a billionaire’s wife alleged that her marriage started under coercive circumstances. Since then, reports have gone back and forth, with both sides demonstrating their perspective of the failing marriage. Now, new details have surfaced that might threaten the husband’s interests.

According to the media reports, the wife claims her husband made it difficult for her to visit their homes in New York, Aspen, Hawaii, and Miami. She also claims that he limited access to her credit cards.

One of the trickier aspects of the ongoing battle is that the wife did, in fact, sign a prenuptial agreement. However, that has not stopped her from trying to convince the court to throw out the document.

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