Divorces & Finances- Sharing the Home During Divorce

 Posted on March 19, 2014 in Divorce

The definition of marital separation is changing. Traditionally, it involved the movement of one or both spouses out of the marital home into smaller houses, or possibly an apartment across town. As more couples deal with upside-down mortgages and a buyer's housing market, the apartment across town becomes the apartment in the basement.

 Many married individuals cannot afford the luxury of a true separation and family law judges are recognizing these financial complexities when making determinations about separation requirements. Ending a marriage often involves the disposition of the marital home. Whether you decide to sell the home and split the proceeds during asset division, or to refinance and “buy out” your spouse, the family home is often the most valuable asset for division in a divorce proceeding. The bursting of the real estate bubble left many married couples owing more than their houses are worth, and selling would leave the family in financial ruins. Those who do choose to sell must wait while their houses sit on the market for months or even years with no response. The only viable alternative is to separate under the same roof in hopes of a real estate turn-around. For some couples, the decision to stay under the same roof is centered around the well-being of the children. Maintaining a sense of stability and routine is just as important as maintaining a roof over their heads. Many parents decide that co-parenting is the best course of action for the children, even in the midst of a painful separation. This can prove beneficial because many judges prefer for parents to make decisions about their children, without necessary intrusion from the court.  How Cohabitation Affects Separation Requirements

Illinois law requires at least a six month separation period before a couple will be granted. divorce. Some states are strict in their definition of separation, mandating that the parties live in completely separate dwellings. In some jurisdictions, one night of cohabitation is enough to break the continuity of separation. Other states are much more liberal, allowing for co-habitation, as long as you maintain different bedrooms and refrain from sexual intercourse throughout the separation. Many jurisdictions fall in the middle of the spectrum, using a totality of the circumstances model to determine whether a true separation has occurred.

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Unhappily Married…With Children?

 Posted on March 13, 2014 in Divorce

The 1990s sitcom “Married With Children” popularly spoofed how some parents act once they have dropped their dreams and started raising children. The caricatures in the Bundy cast resonated and the show lasted over 10 years, longer than many modern marriages.

Raising children is one of the most rewarding yet demanding parts of many marriages. The stresses of parenthood are often at the root of conflicts between spouses. At times, primary caretakers may feel robbed of their opportunity for a career or of the opportunity for at least one happy hour with friends again. Alternatively, a primary breadwinner may feel nagged or burdened by an unfulfilling job under the pressure to provide more and more security for a growing family. Both parents may feel guilty spending any time or money on something that does not involve the kids or other spouse. When these problems grow to seemingly unmanageable proportions, you may start to want out. At the same time, dissolving a marriage is proportionately harder when you have children. You do not want to hurt your kids, and you may dread the thought of splitting custody. Regardless of your specific situation, keep in mind that the underlying principle of all legal matters related to these issues is “the best interest of the child.”

 Who Gets To Decide What Is In The Best Interest Of My Child?

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High-Profile Child Custody Battle Highlights Complexities of Parental Rights

 Posted on March 07, 2014 in Divorce

A high-profile and very heated child custody battle has made headlines in recent months, underscoring the complexities of determining parental rights after a divorce or break up. The battle over the nine-month old baby of Olympic skier Bode Miller and former marine and firefighter Sara McKenna has been raising questions as to mother’s rights in custody battles.

 According to CNN.com’s New Day news blog and The New York Post’s online site, Mr. Miller and Ms. McKenna met through an elite dating service and dated for a short time while in California. Ms. McKenna became pregnant during that time, and, according to her, Mr. Miller requested that she get an abortion. Ms. McKenna decided to keep the baby, and, at seven-months pregnant, decided to move to New York, where she now attends school at Columbia University. Then, in November of 2012, Mr. Miller filed for custody of the baby boy.

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Supporting Children after Divorce

 Posted on March 04, 2014 in Divorce

Many marriages result in children. If that marriage fails, the children's needs must be addressed. The parent who seeks or gets custody of the child or children is called the custodial parent; the parent without custody is called the non-custodial parent. The classification is important in determining the issue of child support, and it gives the courts discretion in setting the level of support necessary.

What to Expect

As the custodial parent of the child or children, there are many difficulties which will need to be addressed. If you are working, those issues are compounded if the children are too young to care for themselves. Perhaps one of the most costly issues is that of child care for the young ones.

Because of the difficulties that a single custodial parent faces with child rearing, the laws are such that the non-custodial parent is made to pay a portion of their net income to assist the other parent. 750 ILCS 5/505 dictates the amount required, according to the number of children at issue. The custodial parent is entitled to child support for children under the age of 18, or 19 if they are still in high school. The statute was designed to take into account the best interest of the children in question. Accordingly, the established guidelines can be amended if the court can provide a reason for the deviation.

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Societal Norms Relating to Marriage and Divorce are Shifting

 Posted on February 28, 2014 in Divorce

There was a time when divorce, same sex marriage and same sex divorce, civil unions and their dissolution, asset distribution, and a host of other family law related issues were non-existent or, at the very least, were very rarely discussed. That is not the case anymore, and the question remains: what has led to this progressive level of thinking? There is not a single encompassing answer, but the changes are occurring rapidly.

Divorce

Divorce was a rare occurrence at one time, and it seems likely that education, technology, and shifting beliefs have all attributed to the increase in divorce rates across all age ranges. Many married couples are still finding a way to make it work, but others choose to opt out.

When the marriage fails to work, there are numerous questions which must be addressed. When those questions arise, a good starting place for those in Illinois is 750 ILCS 5, but in order to interpret all of the nuances which accompany the Illinois Marriage and Dissolution of Marriage Act, you need an experienced family law attorney.

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Grounds for Divorce in Illinois

 Posted on February 25, 2014 in Family Law

There are times when a couple simply can’t work out their differences during a marriage. Most couples don’t take the idea of divorce lightly. For anyone seeking a divorce, thoughts about the time and money spent on the marriage are exacerbated by the time and money that will be spent in getting the divorce.

In Illinois, sometimes a couple does not give a reason for their desire to seek a divorce, and in those instances, the couple is said to have “irreconcilable differences.” When divorcing couples do give a reason for the divorce, the reason is considered the “grounds” for the divorce.

Grounds for Divorce

There are several reasons that may be given as grounds for a divorce. If the couple seeks a divorce based on irreconcilable differences, they must show that those differences caused an irretrievable breakdown of the marriage, and they must live separate and apart for two years, or six months if they sign a waiver.

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Deciding Child Custody: What’s in your Child’s Best Interest?

 Posted on February 19, 2014 in Child Custody

During a divorce, children of the marriage may be used as pawns between the warring factions. If the divorce is amicable, the parties can work together to find a just and harmonious resolution to the issue of child custody. If not, however, the the process of determining child custody can complicate divorce proceedings, and the best interest of the child may be thrown to the wayside. It takes the experienced negotiation skills of attorneys or the intervention of the courts to determine custody.

What to Consider

The Illinois Marriage and Dissolution of Marriage Act, found at 750 ILCS 5, sets forth the conditions for child custody proceedings. There are established rules for when a stepparent can file a petition for custody. There are even rules that set forth the circumstances under which a grandparent can petition for custody.

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Considering Marriage? Inform Yourself

 Posted on February 14, 2014 in Prenuptial & Postnuptial Agreements

Marriage can be a very joyous time in the life of a couple, but it can also be an extremely stressful experience as well. There are often hundreds of decisions to consider, details to be addressed, and legal hurdles to overcome. Future couples have to address certain legal issues, such as the marriage certificate, and the determination that the future marriage is not void for any number of reasons. There is one aspect though, which couples often do not want to address: a prenuptial agreement. Considering a prenuptial agreement now can save time and inconvenience in the future.

The Prenuptial Agreement

In Illinois, 750 ILCS 10/ establishes the Illinois Uniform Premarital Agreement Act. A prenuptial agreement is your opportunity to define rights in the event of divorce or separation, and to identify your rights in the event of an untimely death. For many, acting prior to the marriage to secure these rights will promote more open discussions and full disclosure between the parties.

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Protect yourself and your Loved Ones

 Posted on February 11, 2014 in Family Law

Domestic violence is a very unfortunate and very dangerous reality for some individuals, including some children. Those who turn to violence as a means of control and power over others do not care about gender, age, or mental capacity. Anyone can fall victim to domestic violence and anyone can take the necessary steps to free themselves from the tyranny of another in domestic violence situations.

Orders of Protection

In Illinois, orders of protection and restraining orders are codified under the Code of Criminal Procedure. When domestic violence occurs, those actions are criminal in nature and significant punishments can and often do accompany the actions. For you, as the abused, an order of protection can save you from the violence that you are experiencing or have experienced in the past. 725 ILCS 5/ Article 112 A-11.1 can offer you some guidance on what the courts will look at in determining if certain crimes are crimes of domestic violence.

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Valuing Your Business During Divorce Proceedings

 Posted on February 08, 2014 in Divorce

Divorce is never a pleasant endeavor. The issue of who gets what is ever present during any and all negotiations, and included with that difficulty is the very real possibility that the parties to the divorce are less than cooperative with each other, as they often harbor significant animosity. Add to all that the difficulties in dividing property, especially if that property is a business operated by the couple or one of the spouses to the marriage, and the task of divorce becomes even more complicated. Determining whether that business is marital property and its value are a paramount concern.

Valuation of Your Business

The first concern in valuing a business that is potentially subject to property division laws is to determine whether the business is marital or nonmarital property. If the business is determined to be nonmarital property, then it remains the possession of the spouse who owns it. Of course, there is the possibility that the business was started prior to the marriage but there has been an increase in value which may be considered marital property. In Illinois, 750 ILCS 5/503 deals with disposition of property, and can assist you in determining what may and may not be considered marital or nonmarital property

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