Preventing Disputes When Dividing Property

 Posted on April 17, 2014 in Divorce

One of the hardest parts of divorce is finding a fair way to divide assets that have been shared and intertwined over the years. Many assume that when couples get divorced, property is simply divided 50/50. But now most states, including Illinois, use a process called equitable distribution, where a number of factors are considered when dividing assets.

If one spouse has significantly higher earning potential or significantly worse health than the other spouse, property might be divided to support the spouse with more needs. There are a number of other factors considered in equitable distribution, but first the court must classify all of the property to be considered, as either marital property or non-marital property.

Marital vs. Non-marital Property Non-marital property is easier to determine. Under Illinois law, it consists of property acquired by one spouse before a marriage, or property acquired after a legal separation. Also included are gifts intended for only one spouse, inheritance of one spouse, or items or other property that was purchased with any of the above funds. Marital property sounds simple; it basically consists of all the property acquired by either spouse during the marriage… with the above non-marital property exceptions. However, also included in marital property may be property that was originally non-marital property, but that was at some point contributed to the marital residence or a co-owned business. It can also include the time and labor (sweat equity) that was put into a residence or business. This transmutation of non-marital to marital property is called commingling.

Preventing Costly Disputes

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Prenuptial Agreements For Later in Life Marriages

 Posted on April 15, 2014 in Prenuptial & Postnuptial Agreements

"The Other Woman," an upcoming Hollywood feature about infidelity, stars some of America’s most celebrated celebrities. The film’s cast includes Cameron Diaz, Leslie Mann of "This is 40" and "Knocked Up," supermodel Kate Upton, and pop singer and rapper Nicki Minaj.

In a recent interview promoting the film and discussing its subject matter, Diaz made some controversial comments when she stated, "Everyone has been cheated on, or everyone will be cheated on." Her remarks were taken by some to be another Hollywood denunciation of monogamous relationships. However, though Diaz has never been married and has no children, she has been involved in long-term relationships before. Now in her 40s, she says she is open to marriage. The comments also spurred discussion about changes in long-term family planning, particularly among women. Compared with past generations, many women today have chosen to start careers rather than settle down and start families. Additionally, advances in medicine have contributed to success with late pregnancies, and it is common today for women to wait until their mid 30s before thinking about having children. Ultimately, this means that many women have amassed more personal wealth and property by the time they get married. In these situations, prenuptial agreements can prove crucial. Consider Getting a Prenuptial Agreement A prenuptial agreement, or a prenup, may be the answer for people who wish to maintain their financial independence but who also want to commit to a partner in marriage. Many people already own real estate and have built significant savings by the time they decide to settle into a marriage. Others, who may be getting married for a second or third time, have now become more established in their finances, and may want to protect what they have earned. For example, when one spouse already owns a home that the new couple will move into, and that spouse wants to dedicate that home to the new family unit, an agreement could be reached where the home is to be considered marital property rather than pre-marital property. It would be divided as such in the case of a divorce. In another instance, if a spouse wants to start a business that he or she will operate independent of the other partner, then an agreement could be reached establishing the business as non-marital property. Thus, in the case of divorce, the other spouse will not be able to claim ownership. Strengthen a Prenup With Professional Legal Advice A prenuptial agreement must be in writing and signed by both parties. As with any contract, it can be voided if a court finds duress or undue influence. To ensure enforceability and to make sure you have considered all angles, it is helpful to consult with professionals who regularly deal with contracts and domestic relations. Better planning can lead to a better marriage, or a better life after marriage. Contact family attorneys at Goostree Law Group for such professional advice throughout the Chicago suburbs.

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Litigated Divorce Alternative: Consider Mediation

 Posted on April 10, 2014 in Divorce

Is there such a thing as a hassle-free divorce? Probably not, given the emotional, financial, and legal difficulties that follow in the wake of a divorce. However, that does not mean you and your divorcing spouse are destined to spend tens of thousands of dollars in court fighting over such trivial questions as who gets the family lawn chairs. In Illinois, there are a number of options to help your divorce be as conflict-free and cost effective as possible.

Mediation in Illinois A growing number of divorcing couples choose mediation. Divorcing spouses in Illinois may choose to use a mediator to help negotiate one or more aspects of their divorce. Mediation has a number of benefits, including the following:

• Cost Benefits - The mediation process can save you money, especially compared with the prospect of an expensive, drawn-out court battle. You and your divorcing spouse may split the cost of the mediator.

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Commingling Assets: Dividing Property in Illinois Divorce

 Posted on April 06, 2014 in Divorce

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U.S. Census Bureau Report on Child Support Collection Trends

 Posted on April 02, 2014 in Divorce

Raising children is often referred to as the most challenging (and rewarding) task with which you will ever be charged. Caring for a child can be even more difficult following a divorce, particularly if one parent does not take an active role in the process. Unfortunately, many mothers and fathers across Illinois are forced to raise children alone.

Money is often tight for single parents. Child support laws are designed to help spread the burden so that both parents contribute and act responsibly.

U.S. Population Report & Child Support Collection Trends

Unfortunately, some parents fail to meet their support obligations. Failure to pay is not an isolated problem. According to federal data, every year more than one-third of all actual support obligations are not paid. This amounts to nearly $15 billion each and every year in missing aid. Some parents receive no support at all from their former partner, while others receive some money but less than the full amount. Analysis suggests that less than half of parents actually pay their full obligation each year.

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Decades of Child Abuse Exposed

 Posted on March 30, 2014 in Family Law

A heartbreaking story of child abuse broke early this year, on January 21st 2014, when 6000 pages of allegations against 68 Chicago priests were released to the public. Of course, the problem of abuse in the Church did not just recently surface. Accounts of child abuse date back 500 years; one of the reasons cited for the Protestant Reformation includes Martin Luther’s dismay at questionable conduct he witnessed at the headquarters of the Roman Catholic Church on his first pilgrimage there. In 1517, he traveled to Rome a devout follower of the Catholic faith, and he left determined to start a movement against it. Despite the sordid side of its history, the Catholic Church is certainly not the only institution involved in such indignity – other churches, schools, daycares, colleges, residential care facilities, and private homes have all had instances of abuse.

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Illinois Same-Sex Marriage: Where Are We Now?

 Posted on March 22, 2014 in Family Law

If you are a same-sex couple wishing to get married in Illinois, you may not have to wait until this summer, as was reported in the news late last year. While the historic same-sex marriage law does not go into effect until the first day of June 2014, Illinois counties are opening their courthouse doors one-by-one and letting gay couples come inside to complete marriage licenses, although recent rulings have led to dissent within the state.

Brief History

On November 20, 2013, Governor Pat Quinn signed Public Act 098-0597, legalizing same-sex marriage and making Illinois the 16th state in the Union to recognize the equal rights of gay couples. The bill passed in the state Senate in February 2013 and narrowly passed in the House on November 5th, whereafter it was quickly approved by the Senate and signed by the Governor. However, the law does not officially go into effect until June 1, 2014. Despite the relatively quick work by lawmakers to get a controversial bill passed and enacted, some citizens of Illinois have continued to challenge the government’s position and have sued for the right to marry sooner. Last month, on February 21, 2014, their persistence paid off when United States District Court Judge Sharon Coleman ruled that a denial of marriage to a same-sex couple in Cook county was a violation of the couple’s constitutional rights.

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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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