Our Blog | Goostree Law Group

Faq Testimonials Blog

630-584-4800

Blog

Schedule Your Free Consultation

Recent Blog Posts

Living Arrangements-When the Marital Home is a Rental Property

Posted on January 14, 2014 in Divorce

marital home IMAGE 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.

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.

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

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.

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.