Posted on May 26, 2013 in Main

During a divorce proceeding, resolving the issues of child custody and visitation rights can be very difficult and costly for both the parties and the minor children. With emotional levels high, children are often affected deeply by divorce. According to WebMD, "children of divorce tend to fall behind in their math and social skills and may not catch up with their peers." These educational challenges can often accompany feelings of anxiety, sadness, and low self-esteem. According to the study, published in a 2011 issue of American Sociological Review, "these problems first surfaced when the divorce proceedings began and did not get better or worse after it was finalized."

After a divorce, many spouses feel the need to cut all ties—to begin a new life in a new place where the bad memories of the failed marriage are left behind. Yet moving can often cause anxiety or stress for children. How does relocating after divorce affect kids? According to a publication issued by the Financial Planning Association (FPA), "it is estimated that 17 to 25 percent of custodial parents move out of the area within the first two years after divorce." That means that up to a quarter of children of divorce face a double psychological whammy: how to navigate the sociological implications of divorce while also dealing with losing their school and social world. Nonetheless, according to the FPA, "there does not appear to be any credible evidence on the effects on children moving away with one parent after divorce."

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 Posted on May 24, 2013 in Main

During the initial stages of a divorce, emotional stress levels are high, and the focus is on custody and visitation rights. Thinking about what assets exist or the value of each asset may be the last thing on a person's mind. Yet, if you're thinking about a divorce, it's very important to protect your assets by having knowledge of what assets exist and to financially plan ahead.

To complicate matters, often the income earning spouse attempts to hide assets. It could be that this effort has been ongoing over many years. This occurs because most couples have such complicated and diverse financial portfolios that a few hidden accounts here and there seem not such a big deal – but it really is. While there is nothing illegal about a spouse hiding or otherwise dissipating assets, it can have significant implications in a divorce case. For both parties, it usually means that substantial additional attorney's fees will be incurred on the efforts focused on finding the hidden money. It can also mean additional funds spent on experts such as forensic accountants. Sadly, more money is usually spent on legal fees trying to prove the dissipation of assets then may have actually been dissipation. To add fuel to this problem is the mistrust that divorcing spouses have for each other. In the end, both parties pay the price.

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 Posted on May 03, 2013 in Main

In Illinois, with few exceptions, marital property is considered anything acquired by the parties during the marriage. This includes, but is not limited to, the family home and additional real estate.

With the troubled housing market in the United States over the last few years, many divorcing couples found themselves in an awkward situation. With little or no equity and no buyers, many divorcing spouses could not sell their marital home and split the profits, but were instead forced to stay together in the home waiting for the market to turn around. While divorcing spouses use to litigate over the equitable division of the proceeds, many now owe more than the property is worth, and so it is debt being divided not proceeds. Besides forcing some divorcing parties to remain physically in the house, even after the divorce, this situation often leads to foreclosures and short sales, which causes even more stress and hardship to an already difficult situation.

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 Posted on December 00, 0000 in Main

If you are the parent of stepchildren and are worried about filing for divorce in Illinois because of what might happen to your relationship with your stepchildren, you'll be happy to know that, under certain circumstances, a stepparent may be able to get visitation or custody rights.

The Illinois Marriage and Dissolution of Marriage Act allows stepparents to file for custody of their step children in certain cases. In order to commence a custody proceeding of stepchildren, the following conditions must be met:

• The child must be at least 12 years old;
• The custodial parent and stepparent must have been married for at least five years, and the child must have lived with them during that time;
• The custodial parent must be deceased or disabled and unable to perform his or her parental duties;

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 Posted on December 00, 0000 in Main

Perhaps you did not see a divorce coming. Perhaps you missed all the red flags, and attributed the lack of communication, intimacy problems, and petty arguments over finances to work-related stress. Perhaps you were completely blindsided by the possibility of a divorce.

Coming to terms with a pending divorce is an extremely emotional endeavor, but it's best to start preparing for reality as soon as possible. Your first line of defense should be to schedule an initial consultation with an experienced Illinois divorce attorney.

Before your first appointment, run through the following checklist to calm divorce discussion jitters and to help ensure a level playing field in the future:

Emotions and Finances

Just like old team rivalries, dealing with the finances in a divorce can be rough. When it comes to discussing pre and post-divorce financials, don't let your emotions get in the way, instead let the numbers calculate the outcome. Your attorney should be able to thoroughly analyze you and your spouse's financials and advise as to what the numbers show and how you can obtain the best financial outcome.

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 Posted on December 00, 0000 in Main

Divorce can be a difficult and emotional process. Property is separated, child custody is decided, and the two spouses go their separate ways.

Some states' divorce statutes require a party to plead grounds for a divorce (in other words, a basis for the court to grant a divorce), such as mental or physical cruelty, attempted murder, adultery, desertion or abandonment, drug addiction, or habitual drunkenness. However, in many other states, including Illinois, a party is allowed to ask the court for a divorce without providing a substantial basis for it. This is known as proceeding under the grounds of “irreconcilable differences,” and is commonly referred to as a no-fault divorce. Using irreconcilable differences as a means to be granted a divorce, however, is more complex than simply asking for a no-fault divorce.

Requirements of a No Fault Divorce

Illinois statute 750 ILCS 5-401(2) states that in order to get a no-fault divorce, at least one spouse must be a resident of the State of Illinois for at least 90 days, and the spouses must be separated (though not necessarily physically) from each other for at least two years. The statute does provide, however, that if both parties agree, in writing to the divorce, then they need only be separated for a period of six months (though it should be noted this is not a stringent standard, assuming both parties agree). Further, the parties must state that they have made efforts to work out their problems and reconcile, but that their efforts have failed and further efforts to reconcile would be ineffective. If the parties agree to the divorce, neither must describe any specific behavior of the other spouse to “prove” irreconcilable differences; if one spouse does not agree to the divorce, however, there may need to be testimony as to the breakdown of the marriage or the bad actions of that spouse.

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 Posted on December 00, 0000 in Main

No couple enters marriage with the expectation of getting a divorce; however, life has a way of offering the unexpected. Although determining the exact national divorce rate is difficult, a large number of marriages will come to an end. One particular hot button issue is how to divide the property owned by both spouses.

The Agreement

Spouses who agree about how the marital property should be divided may enter into what's known as a “Marital Settlement Agreement (MSA).” The MSA must be in writing. It is wise to use an attorney to draft the MSA, especially in instances involving complex financial issues. If a couple cannot agree, a court will decide how the marital property is to be divided.

Marital or Non-Marital Property?

The court will classify all property owned by the spouses as either marital or non-marital property. Spouses will usually keep their non-marital property, while the court will equitably divide the marital property.

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 Posted on December 00, 0000 in Main

It is generally expected that the parent who has residential, primary or sole custody of the children in a divorce will receive child support from the other parent. However, what is not often realized or applied is that the parent who has custody of the children may have to pay the other parent child support. Recently, the Illinois Supreme Court decided a case in which the Court held that nothing in Illinois' law on child support restricts a court from ordering a custodial parent to pay child support to a non-custodial parent.

Recent Case in Illinois

The case, In re Marriage of Iris Turk, highlights the Illinois legislature's paramount goal of protecting the child's best interest in child custody and support cases. In Turk, the mother had originally been awarded custody of the children, and the father ordered to pay unallocated maintenance and child support. After the parents kept going back to court for modifications on the original order, the father ended up being awarded temporary custody. The court eventually awarded the father custody and the mother weekly visits with the children. On holidays, spring breaks, and summer vacations, the parents were to have equal time with the children. Nevertheless, the Court also ordered the father to continue paying child support to the mother for the upkeep of the children.

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 Posted on December 00, 0000 in Main

In a divorce proceeding, a court can sometimes award one spouse maintenance. This is a monetary award usually paid monthly by one divorcing spouse, which is supposed to help support the other divorcing spouse. Spousal support can be awarded to either spouse, and is based on the facts of a case and a judge's consideration of certain factors provided by the law. Divorcing parties can also come together and agree to the amount of support to be paid based on negotiations, or on a prior document such as a prenuptial agreement. Spousal maintenance is not awarded based on which spouse was at fault for the demise of the marriage.

Modification May Be Necessary

Sometimes, the spouse ordered to pay support may find that for one reason or another, they are not able to keep up with the maintenance payments. According to Illinois law, 750 ILCS 5/502(f), whether or not a spousal maintenance order is modifiable depends on whether or not the order was stated to be non-modifiable. For example, if the award was as a result of an agreement between the spouses, they could have agreed to have spousal maintenance in place for a specific period of time, and made the award non-modifiable.

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 Posted on December 00, 0000 in Main

During a divorce in which children are involved, one of the main issues may be determining visitation. Whether the parents have joint custody or one parent has sole custody, visitation may still be an issue. Visitation in Illinois is considered more for the benefit of the child, and a parent who is not awarded primary custody is entitled to reasonable visitation, unless a court determines that visitation is not in the best interest of the child. However, Illinois law requires that before a judge may restrict or limit visitation, a hearing must be held to determine whether awarding a parent visitation would seriously endanger the child's physical, mental, moral or emotional health.

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