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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 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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 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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 Posted on December 25, 2013 in Divorce

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 Posted on December 21, 2013 in Family Law

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 Posted on December 17, 2013 in Divorce

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 Posted on December 13, 2013 in Divorce

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 Posted on December 10, 2013 in Divorce

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 Posted on December 03, 2013 in Prenuptial & Postnuptial Agreements

In the midst of planning a wedding and a romantic honeymoon, having a conversation about a prenuptial agreement might be awkward at best. A Harvard researcher suggests that these documents are underused for two primary reasons: people underestimate the value of a prenuptial agreement, and an underlying belief that signing a prenuptial agreement spells out marriage disaster. Heather Mahar, a Research Fellow in Law and Economics at Harvard, conducted a study to determine what leads people to avoid the prenuptial agreement conversation. Since there’s no registry of prenuptial agreements, it’s difficult to know exactly how many people have such a document. However, legal practitioners and scholars estimate that approximately 10% or less of the population uses a prenuptial agreement. Although statistics from the US Census Bureau and other experts would indicate that the rate of divorce is particularly high in the United States, it’s interesting that so few people elect to have a prenuptial agreement. What she found is that many people believe that signing a prenuptial agreement is a negative signal for the relationship. In her results, nearly 64 percent of the respondents stated that they believe divorce was more likely than not if they were asked to sign a prenuptial agreement. A majority of respondents also indicated that despite their awareness of current divorce statistics, they believed their relationship would be more likely to succeed. This is referred to as "optimism bias" and is a second leading reason for why individuals choose not to pursue prenuptial agreements. A prenuptial agreement doesn’t have to signal a negative outcome to the relationship. What it does signal is an awareness of your individual situation and an interest in outlining expectations if the relationship doesn’t work out. For some people, putting together prenuptial agreement is simply prudent planning. If you would like to speak with a professional about house to put together it prenuptial agreement, contact in Illinois family law attorney today.

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 Posted on November 29, 2013 in Divorce

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