Posted on November 28, 2013 in Main

For several years, the cost of higher education has received a great deal of (negative) attention. Forbes reports that college costs, which rose sharply between 2000 and 2012, have increased at a slower pace in 2013. However, the availability of federal grants and loans, which help to minimize the out-of-pocket cost of college for many families, decreased in 2013. Today, the average college student graduates with $27,000 in debt. Additionally, tuition rates are increasing at twice the rate of inflation, and tuition rates do not even consider the cost of room and board, which can be more than the tuition itself each year.

The financial stress of paying for a child's college education can be exacerbated for parents who have gone through a divorce. While parents often set up college savings accounts, such as 529 savings plans, for their children's college, finances are often stressed because of divorce, leaving little extra money to go towards a college savings plan. And if a savings plan has not already been set up, doing so during or after a divorce is often extremely financially difficult. In an ideal world, parties could come to an agreement beforehand as to how to deal with contribution towards future college expenses for their children, but in reality, divorcing couples often cannot agree as to how the expenses should be shared or how much money should be set aside for college.

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 Posted on November 18, 2013 in Main

For many companies, autumn marks the open enrollment period for employment-provided benefits. According to USA Today, "open enrollment is typically a period of several weeks during which you can opt into your company's benefits programs, from health insurance to a retirement plan." Enrollment periods also apply to changing any benefits you currently receive. Knowing what benefits you're eligible for and wish to enroll in or change, both for yourself, your spouse, and your family, is important, especially if you have to make a decision by a certain deadline, as with open enrollment. This process is all the more complicated if you're going through, or think you might soon be going through, a divorce.

For those who are going through a divorce, separating one spouse from the other's benefit program can be one of the most painful and expensive aspects of the whole divorce process. It also tends to be more difficult for women, who are less likely to work outside of the home and are more likely to be enrolled in their husband's employer-provided benefits. Staying on an ex-spouse's health insurance plan after divorce is not an option. However, with many employer's provided plans, an ex-spouse has a certain period of time in which he or she can opt to enroll in a similar plan on their own. State and federal law dictates which employer provided plans are subject to this option and when the enrollment must take place. In addition, minor children can always stay on an employee's benefit program, regardless of a divorce or who is awarded custody.

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 Posted on November 10, 2013 in Main

Determining a custody arrangement for children of divorcing parents or parents who have never married can be a complicated and complex legal matter. Especially when one or both parents contest a custody arrangement, court proceedings and the interactions between the parents can become extremely hostile and acrimonious.

In 2006, the Illinois Supreme Court established new rules to try to avoid drawn-out custody proceedings that tend to have a highly negative impact on the child or children in question. The Court adopted Supreme Court Rules 900-942 to try to ensure that custody determinations would be made as quickly and as amicably as possible, while continuing to focus on what arrangement is in the best interest of the child. For example, Rule 905 requires family courts to provide mediation programs for parents to try to solve custody and visitation arguments outside of the courtroom. While mediation can be extremely helpful, it does not always work, and it is usually imperative for parents in a custody battle to consult with an experienced family law attorney to understand how courts make custody determinations and to try to resolve a custody dispute efficiently and favorably. An experienced family law attorney can also help parents to avoid contentious custody disputes and work on a mutually-agreeable custody arrangement without the cost and pain of extended litigation.

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 Posted on November 06, 2013 in Main

If you are considering divorce or are in the process of a divorce currently, you have a lot of incentives to become organized. Getting and staying organized can actually increase your chances of success in the divorce process. Not only does organizing your personal records and documents help your attorney, but it can also provide peace of mind and help you understand your own situation better.

Your attorney will undoubtedly request documents from you to better understand, among other things, your financial situation. Financial documentation is critical in the determination of property division, maintenance, child support, and debt allocation. Information on individual and family spending habits, debts, and income/cash flow is necessary for resolution of the financial aspect of a divorce—and it can even have an impact on other issues such as child custody. Having this information readily available helps your attorney work on resolving all of these issues right off the bat and helps him or her have a better idea of where the case is headed and how the overall picture looks.

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 Posted on September 30, 2013 in Main

People use the terms ‘divorce' and ‘annulment' interchangeably, but there is a difference between the two that can have serious consequences. Illinois law defines divorce as a legal procedure that results in the termination of the marriage; basically, this means there was a valid, legal marriage under the laws of the state of Illinois that has now been terminated. Moreover, as part of the divorce, both parties will get an equitable portion of the assets that belonged to the marital estate, which a divorce judge will divide between the parties.

Annulments, on the other hand, target the validity of the marriage in the first place. The process of annulment under Illinois law is known as a declaration of the invalidity of a marriage. This process is designed to determine whether the marriage ever legally existed or whether it was invalid right from the start. The Illinois Marriage and Dissolution of Marriage Act has specific conditions for determining whether a marriage may be annulled for being invalid. Contrary to divorce, a successful annulment may mean that each party gets to keep his or her own assets even though those assets were acquired during the marriage; in other words, the assets never legally become part of the marital estate.

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 Posted on September 13, 2013 in Main

Proactive divorce attorneys in Illinois are poised to handle potential imminent changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA, for short). Recommendations for changes to the IMDMA from the Family Law Study Committee, a group of individuals who have been studying existing Illinois divorce laws since 2008, are very close to being enacted. The Illinois State Bar Association's Director of Legislative Affairs recently reviewed and compiled a list of all of the potential changes to the IMDMA. If these changes pass this Fall's legislative veto session, the changes will be put into effect as early as Summer 2014. These changes could result in significant changes to how divorces in Illinois occur.

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 Posted on September 06, 2013 in Main

Maintenance, formerly referred to as alimony, is a monetary payment from one spouse to another spouse in need of financial support during and after a divorce. Maintenance can be in the form of regular monthly payments, which can be temporary or indefinite. Courts consider many different factors in determining the amount, type, and structure of maintenance after divorce, and parties to a divorce and their attorneys should take all of these factors into account when negotiating an appropriate maintenance award and structure.

Regardless of the structure, maintenance normally leads to an income increase for the spouse awarded the payment as part of a divorce. This means that unless otherwise stated, the receiving spouse will have to pay taxes on the support he or she receives from a former spouse. It is therefore important for the receiving spouse to understand the financial impact that our ever-changing income tax laws can have on the award. Individuals trying to interpret and understand tax language should seek the help of professionals to help them navigate the effects of income tax laws and income tax law changes on any maintenance award they may receive.

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 Posted on August 28, 2013 in Main

Verbal abuse, sometimes called emotional or psychological abuse, can take many different forms. Blaming, accusing, name calling, disparaging, yelling and belittling are all forms of verbal abuse. This form of abuse often causes serious emotional pain and mental anguish. The recipient of verbal abuse ends up constantly defending and explaining him or herself to the abuser—an exhausting cycle of back-and-forth contention between the parties that can break a person's spirit nearly beyond repair.

Unfortunately, verbal abuse can be a frequent occurrence in many relationships. In couples, a verbal abuser often views his or her partner's "separateness," i.e. that person's independent thoughts, views, desires, feelings, and expressions, as an irritation or even an attack on the abuser. There are many theories as to the cause of verbal abuse, including the notion that an abuser may have low self-esteem and so, through verbal abuse, the abuser helps to bring the victim down to that same level.

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 Posted on August 20, 2013 in Main

Often in family law matters, including divorce, mediation can be a viable method for resolving disputes in a mutually-agreeable manner. The mediation process, governed in Illinois by the Uniform Mediation Act and by various local court rules, has a sole purpose – to provide a forum for reaching voluntary agreements between parties without resorting to contested litigation. According to DuPage County local rules, mediation is "an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives and reaching an agreement." When family law matters do arise, mediation can be the basis for creating a comprehensive agreement to help families move forward in the best possible direction.

Generally speaking, a mediator works with both parties to discuss the issues and facilitate the creation of solutions and arrangements that are agreeable to both parties. Because the mediator works with both parties, he or she must remain neutral and cannot advocate specifically for one side or the other. Although Illinois does not have a formal certification process for mediators, it is a good idea for parties to select an experienced certified mediator who uses best practices and ethics guidelines in conducting mediation. Having a well-trained, experienced, professional mediator can help parties avoid the difficult and stressful process of litigation and come to a prompt, amicable resolution of issues.

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 Posted on July 24, 2013 in Main

More people are clicking their way to romance, and a recent survey finds public perception is starting to favor online love connections. A recent article in USA Today reports that more than one third of recent newlyweds met online. The survey, published by Proceedings of the National Academy of Sciences (PNAS), questioned 19,131 participants who were married between 2005 and 2012.

The lead author of the study, John Cacioppo, a University of Chicago psychology professor, is also an advisor to eHarmony, a prominent online dating website. Although the study has some opposition, it is undeniable that the number of people connecting through online dating sites and social media is increasing.

Evidence of the rise in online dating is reflected in Illinois laws. The Internet Dating Safety Act outlines requirements for Internet-based dating services offered to Illinois residents and advocates individual responsibility and safety when using online services.

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