Civil Union: Yes, No, or Maybe

 Posted on January 31, 2014 in Family Law

There is no single determinative factor that may prove to either same-sex or heterosexual couples that a civil union is the right choice. For same-sex couples, more and more states, such as Illinois, are adopting laws that allow marriage between them. Notwithstanding that fact, some couples simply feel that a civil union is the more appropriate choice for them. Regardless of the choice, however, there is always the unfortunate reality that the parties to the civil union may wish to dissolve that union.

The Civil Union

In Illinois, a civil union allows both same-sex and heterosexual couples to enter into a committed relationship without getting married. 750 ILCS 75/ Illinois Religious Freedom Protection and Civil Union Act sets forth the pertinent rules concerning civil unions in Illinois. Civil unions require a license and solemnization process, and like a traditional marriage, there are certain prohibited civil unions, with 750 ILCS/ Section 25 stating that both parties must be 18, you can’t be married or in an existing civil union already, and you can’t enter into a civil union with family members.

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Modifying a Divorce Decree: When Reality Creates Necessity

 Posted on January 27, 2014 in Divorce

Change is one of life’s undeniable forces. People’s beliefs and situations change and, as such, so do their needs and desires. The laws of the land have recognized this fact, and created situations in which a divorce decree can be modified, depending on the circumstances of the parties involved. Illinois recognizes the importance of changed circumstances and allows for modification of divorce agreements.

The Law

In Illinois, Section 510 of 750 ILCS 5, the Illinois Marriage and Dissolution of Marriage Act, specifies the scenarios under which a modification is warranted. Under Section 510, there can be a modification of provisions for maintenance, support, educational expenses, and property disposition. Section 510 establishes that a judgment concerning maintenance or support may be modified, but only “as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification” unless the judgment expressly precludes or limits modifications.

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Health Insurance and Divorce

 Posted on January 22, 2014 in Divorce

The cost of health insurance is one of the many factors to consider when contemplating divorce.  According to a 2012 study by the University of Michigan, approximately 115,000 women lose their private health insurance every year due to divorce. Under the Affordable Care Act, or as it is colloquially known, Obamacare, however, divorce could decrease health insurance costs.

 Currently, individuals and couples within a particular income range can receive Obamacare subsidies that lower the amount they spend monthly or reduce their out-of-pocket costs for copays, coinsurance, and deductibles. Married couples have their incomes counted together for the purposes of determining their eligibility for Obamacare subsidies. In contrast, couples that live together without getting married have their incomes evaluated separately. For example, a married couple from New York recently announced that they might file for divorce to qualify for Obamacare subsidies. Nona Aronowitz and Aaron Cassara related to The Atlantic that a divorce could save the couple thousands of dollars in health insurance costs.  Nona, a freelance writer, and Aaron, who works in the film industry, earn more than $62,000 a year. The couple’s yearly income places them over the 400 percent of the federal poverty level cutoff to qualify for Obamacare subsidies.  However, if the coupled divorced and chose instead to simply live together, they would qualify for the subsidies and save thousands of dollars a year. Moreover, even if Nona and Aaron’s combined income fell below 400 percent of the federal poverty level, the subsidies for which the couple would be eligible might be worth less than subsidies for which they would be eligible as unmarried, cohabitating individuals. While Kane County couples are unlikely to consider divorce to increase their eligibility for subsidies to purchase insurance, couples contemplating divorce should think about the health-related implications of their divorce.  Other Health-Related Concerns in a Divorce Aside from health insurance costs, there are other health-related considerations for those contemplating or in the midst of divorce.

• Insurance premiums: A temporary court order could be required to make sure that all health insurance premiums get paid as usual.

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Rewards Points can be Marital Property... Who Knew?

 Posted on January 19, 2014 in Divorce

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Living Arrangements-When the Marital Home is a Rental Property

 Posted on January 14, 2014 in Divorce

One of the most important issues facing spouses in a divorce involves their living arrangements. Homeowners, unsurprisingly, must consider their legal rights upon the division of marital property such as the house and furniture. However, renters must also consider their legal rights under their current lease for their rented home.

The Lease Is Marital Property

The home that spouses or families share is typically called the marital home or residence. Types of marital homes can include, but are not limited to, single-family houses, attached homes, apartments, mobile homes, boats, and trailers. When the marital home is a rental property, spouses’ rights in that property are called a leasehold. The leasehold, rather than the rented property, is what courts consider marital property to be divided upon divorce. Accordingly, divorcing spouses may have to address lease rights in their divorce settlement documents that discuss the current lease and or future rental leases.

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The Right of First Refusal in Illinois

 Posted on January 11, 2014 in Divorce

The start of every new year often involves the implementation of new laws that can affect your rights during divorce. For example, this year the “Right of First Refusal”  was codified into state law. It will take effect in 2014 may affect your rights as a parent involved in a custody dispute.

The Law

The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, was amended within the past year to include the Right of First Refusal in section 602.3. Basically, this amendment was introduced to allow the court, if it finds that it is in the best interest of the child, and the court awards joint custody or visitation rights, to find that both parties will have the right of first refusal to care for the minor children if during the party's normal parenting time an extended absence is necessary.

The synopsis of the Bill, as introduced, suggests that an absence of four hours constitutes the minimum time of absence under which the right of first refusal should be exercised by the custodial parent. The amendment itself, however, does not set a minimum time of absence but rather, it states only that an absence for a “significant” amount of time will invoke the right of first refusal.

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Property Division, Pets, and Divorce: Who gets Lassie?

 Posted on January 07, 2014 in Property Division

Divorce is a complicated process, with many important decisions to be made. One of the most convoluted parts of divorce is property division. For many families, pets are more than just property; they are members of the family. However, in the eyes of Illinois law, they are treated simply as property.

According to the American Academy of Matrimonial Lawyers, pet custody cases are on the rise in the United States. Surveys say that more than 60 percent of American homes have pets. Pet ownership and maintenance is a rising field of business, as displayed with the increase in insurance for animals, fancy salons, and even pet attire. When breakups and divorce occurs, the destiny of pets can turn into a real dogfight.

Illinois Property Division

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A Duel for Dual Citizenship: International Battles Over Child Custody

 Posted on January 03, 2014 in Divorce

Child Custody agreements for any family can become a convoluted, strenuous battle that can take several years to finally be resolved. A prime example of the stress that encompasses child custody disputes is the case Redmond v. Redmond, which involves a local Illinois woman who became engaged in a child custody battle with her child’s father, a citizen of Ireland.

The Battle Overseas

The couple in this case, Mary and Derek, met each other in Ireland. Although they were never married, they lived together in Ireland for 11 years. Their son, however, was born in Illinois, but the three of them returned to Ireland 11 days after the birth.

A few months later, however, Mary moved back to Illinois against Derek’s wishes. Although their child is a citizen of the United States, Derek argues that he should have joint custody of their child. The U.S. Appeals Court ultimately held that their son should be returned to the United States while the custody order is pending. With the various legal complexities, including unmarried parents and parents with different citizenships, this case may take several years before it is finally resolved. The Redmond case proves just how costly and exhausting child custody cases may become, and how many different issues can arise in each unique case.

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How to Tell your Spouse that you Want a Divorce

 Posted on December 30, 2013 in Divorce

No one wants to be the bearer of bad news, such as wanting a divorce. What people don’t often think about is that it is not only the news that can upset people but also how they are told. In some cases the topic of divorce can be a relief to the other partner, as they are unhappy with the marriage as well. Since divorce is a life-changing moment for one of the biggest relationships of your life, spend time preparing for the talk. It can set the tone for how the divorce will be finalized. Serving them with divorce papers without a warning can lead to a messy split. Part of the preparation for having the talk is thinking about how your spouse will react. Consider if your spouse will be angry or defensive or sad about the news. There is a chance that they will plead with you to stay together for any number of reasons. Use all their possible reactions to stay firm with your decision to bring your marriage to an end. Then consider the time and the place for the conversation. It will often take time to convince your spouse that the marriage is coming to an end. Remember that you have gone through the emotions of preparing for divorce, but your spouse has not. That is also why the setting should be calm in order to soothe the difficult conversation. Also keep in mind that if your spouse has a history of violence or abuse of any kind to consider your safety. It might be a better idea to have this conversation in front of a marriage therapist or in a crowded area. There are a lot of other things to consider about a divorce before you make your intentions known to your spouse. Before making the split a reality for them, talk to a legal professional who can let you know how the process will play out. Contact an experienced family law attorney in Kane County today.

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The Divorce Rate of US Military Personnel

 Posted on December 25, 2013 in Divorce

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