Posted on March 22, 2017 in Property Division

Many couples, if not most, decide to combine their finances after they get married, effectively sharing their property and income. There may be situations, however, in which a spouse wishes to keep some of his or property separate even after he or she gets married.

Illinois Law on Marital Property

Illinois takes a very broad view of marital property. With a few exceptions, any asset or debt that is acquired by either spouse after the marriage becomes marital property. Assets or debts acquired before the marriage or that qualify as the mentioned exceptions are considered non-marital property. Non-marital property is not subject to division during a divorce, but assets that began as non-marital can become marital property if they are commingled.

How Commingling Happens

Commingled property means that one spouse’s separate property is mixed with the marital property. When this happens, the separate property becomes part of the marital estate. For example, if one spouse had an inheritance that they received after the marriage, that inheritance would not be marital property; inheritances are one of the exceptions included in the law. But, if that inheritance was deposited into a joint checking account and used for everyday household expenses, it may be considered commingled and may become marital property.

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 Posted on March 18, 2017 in Divorce

Are you comfortable when you are by yourself? Whether or not you are currently married or in a long-term relationship, could you see yourself being single for an extended period of time? If you answered no, you are far from alone—no pun intended. In fact, recent surveys suggest that approximately one-third of all American adults are afraid of being by themselves. About 35 percent of men and 40 percent of women report fear and reservations about being alone. Unfortunately, the fear of being alone may encourage couples to eschew divorce and stay together even when they are unhappy.

FOMO Is Real

Relationship experts believe that the fear of being alone is very closely related to the fear of missing out—or FOMO, a term that was added to the Oxford English Dictionary in 2013. It is possible—and even reasonable—that this fear of missing out could have as much to do with biology as social pressures. “We were biologically and evolutionarily created to find the right partner to reproduce,” said Sahaj Kohli, a mental health advocate and editor for The Huffington Post. With this reasoning, if a marriage goes sour, it can make an individual feel as if he or she has biologically failed; hence, the hesitance to admit “failure” and file for divorce. However, staying in a bad relationship can be more emotionally, financially, and socially detrimental than a divorce itself.

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 Posted on March 15, 2017 in Divorce

It is one thing to be done trying to make a failing marriage work and quite another to feel sure that you are emotionally ready for divorce. Divorce is a crucial life decision and is not always quick and easy. The benefits of being emotionally prepared for the legal battle ahead are numerous, and those who are often come out on the other end much happier. There are a few questions that anyone considering divorce must answer so they can make a clear and definitive decision.

Is the Marriage Benefitting Everyone?

This question is not just if your existing relationship is helping the children or your spouse, but is it benefitting everyone in the household? Most importantly, is it benefiting you? Your needs are just as important and valid as your spouse, so it has to work for you as well.

Have You Exhausted All Avenues for Saving the Marriage?

All relationships have fluctuations between times of closeness and moments of conflict. This will apply in your current marriage and any future relationships. Although it may hurt your pride to go to counseling, the risk of throwing away a repairable marriage and disrupting everyone's lives is worth the consideration.

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 Posted on March 10, 2017 in Domestic Violence

Lawmakers in Mississippi raised controversy last month when legislation that would have amended the state’s divorce laws died in a House committee. The bill would have added domestic violence to list of reasons that a person can seek a divorce in the state, bringing the total number of grounds to 13. Advocates for victims of domestic abuse say the failure of the measure is another blow to those who are suffering in their marriages and see no way to escape.

“Habitual Cruel and Inhuman Treatment”

Legal experts and commentators generally agree that Mississippi is one the most difficult states in which to obtain a divorce. A married person currently may seek to end his or her marriage one of dozen grounds, including drunkenness, adultery, impotence, and “habitual cruel and inhuman treatment.” While some have argued that domestic violence would fall under the category of cruel and inhuman treatment, the state requires proof that behavior is ongoing and habitual. Some forms of physical abuse could be proven in this way, but others—such as emotional or psychological abuse—are much more difficult to prove in a divorce proceeding.

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 Posted on March 08, 2017 in Divorce

If you have heard it once, you have heard it a thousand times. “Half of all marriages end in divorce.” The idea has been repeated so many times over the last several decades that it is come common “knowledge.” The main problem is that it simply is not true. In addition, many experts believe that it never really was.

Oversimplifying Complex Numbers

It is difficult to know for sure exactly when and where the 50 percent myth originated but many sociologists point to the National Vital Statistics System (NVSS) managed by U.S. Centers for Disease Control and Prevention (CDC). In 2000 and 2001, for instance, the NVSS compiled data that found that there were 8.2 marriages per 1,000 people in the United States to be 8.2 marriages. During the same two years, the NVSS reported 4.0 divorces per 1,000 people. A quick estimate confirmed that the divorce rate was half of the marriage rate, so the half of all marriages must end in divorce, right? Well, not exactly.

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 Posted on February 28, 2017 in Child Custody and Support

When the other parent in an allocation of parental responsibilities case is given the majority of the parenting time, it can feel like you will only rarely see your child. However, there are many things you can do to increase your time that you and your children get to spend together. Even if the court has decided it is not in the child’s best interest for you to be the primary caretaker, that does not mean you cannot play a vital role your child’s life.

Right of First Refusal

Under Illinois law, when the child lives primarily with one parent, the other parent can ask the court for the “right of first refusal” when childcare is needed. This means that before the child is put in daycare or a sitter is called, the other parent should be given the chance to be with their child instead.

This situation can benefit everyone involved. You and the child get to spend more time together, and the other parent saves on childcare costs. This arrangement works best when the two parents have an amicable relationship and both parents are willing to be flexible in putting the needs of their child first.

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 Posted on February 24, 2017 in Divorce

There is no greater dilemma for parents exploring the possibility of divorce than deciding whether or not to go through with the process for the sake of the children. There is much at stake where kids are concerned when deciding to end a marriage. Everything must be taken into account, from the immediate emotional and mental effects to how the split will impact the children in the future.

Should You Stay or Should You Go?

The question of whether staying together is in the children’s best interests is a difficult one to answer, but one thing is certain. There are a number of diverse opinions on the matter, but only you, the parent, can decide if it is time to say when or if it will work in everyone’s favor to remain a family unit despite the marital conflict.

Psychology experts suggest examining the following as you explore whether divorce is the right decision for your family:

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 Posted on February 22, 2017 in Paternity

In Illinois, if a child is born outside of marriage, the issue of paternity is not automatically assumed by the law. When children are born to legally married partners, paternity is assumed. For unmarried couples with children, the state or court system may become involved to determine issues of paternity, support, and parenting responsibilities if necessary. The Illinois General Assembly enacted the Illinois Parentage Act of 1984, followed by recent update—the Illinois Parentage Act of 2015—to establish legal procedures for securing the rights of unmarried parents.

Illinois Law Gives Default Parental Responsibilities to Unmarried Mothers

In Illinois, state law mandates that in the case of unmarried parents, the mother will retain all parental responsibilities—previously known as custody—until paternity is established. Paternity actions establish a legal parent-child relationship and the right to pursue responsibilities regarding or a child that was conceived outside of marriage. Either the mother or the purported father of the child may file a paternity action.

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 Posted on February 17, 2017 in Family Law

When a person uses the word “separated” to describe his or her marital status, it usually means that he or she is estranged and living separately from his or her spouse. This is a common scenario for partners who may be contemplating a divorce or have initiated but not completed divorce proceedings. In some situations, however, a person who says that he or she is “separated” may actually have filed for and received a judgment of legal separation.

Unlike like an informal separation—known under Illinois law as living separate and apart—a legal separation is a court-issued declaration regarding the status of the relationship. A judgment of legal separation generally includes many of the same considerations as a divorce judgment. There is, of course, one major difference: the spouses are still legally married to one another, thus they are not free to pursue another marriage.

Why Legal Separation?

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 Posted on February 15, 2017 in Divorce

Working through a divorce is one of the most emotionally challenging situations many people will ever experience. During this time, it is important to be aware of the potential negative impact that emotions can have your finances. While you, your spouse, and your legal representatives endeavor to reach an equitable agreement on the distribution of assets and liabilities acquired during the marriage, it is critical for you to be proactive about safeguarding your personal financial well-being.

Your Credit Score Is Your Report Card

We advise our clients who are involved in the divorce process that managing their finances must be a top priority. Safeguarding your credit is necessary so that you may have access to or qualify for:

• A mortgage or residential lease;
• Low interest rates on secured and unsecured debt; and
• Employment opportunities that require credit checks.  

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