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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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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