Posted on January 18, 2017 in Property Division

Initiating dissolution of marriage proceedings is not usually an easy decision for most couples. There can a be a wide variety of difficult issues to be addressed, depending upon the couple’s personal circumstances. Debt incurred by a couple going through a divorce proceeding in Illinois can be one of the more challenging issues to account for in a divorce settlement.

Debts acquired during the course of the marriage must still be paid back, regardless of the couple’s marital status. The debts acquired during the time of the marriage are considered marital. Any debt amassed before the spouses were married is considered non-marital and will remain with the original debtor.

Marital Debt Not Always Divided Equally

According to Illinois law, marital debts will be distributed between the spouses, but not necessarily split equally. Credit card debt, property and other types of debt will be divided as the court sees fit. Factors that influence their decision include: arrangement for the couple’s children, spousal support, the length of the marriage, and the needs of each spouse. Obligations owed to mortgage lenders or credit card companies can be assigned to either of the spouses but, if one does not pay the debt, the other could remain liable.

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 Posted on January 13, 2017 in Child Custody and Support

Specific laws concerning child support can vary by state; however, parents everywhere have a legal obligation to their children to provide child support. When an order for child support is entered by an Illinois court, it is the responsibility of the paying parent to comply with the order at the risk of enforcement activity and possible sanctions by the court.

Generally, child support payments are only required until the child has reached the age of 18 and he or she is no longer attending high school. Otherwise the order will remain in effect until the child turns 19 or graduates. In the case of special needs children, however, the obligation for support may need to extend well into adulthood.

Protecting Minors and Those With Special Needs

As written, the Illinois statutes regarding child support are intended to protect the financial well-being of minors and those unable to care for themselves. A child who is still attending high school, for example, is not usually considered to have the means to support him- or herself. If a child has not graduated high school by the time they turn 18, it is still the parent’s responsibility to provide for their child for up to another year. This is meant to ensure that the child is financially provided for while still a minor. If the child is emancipated before he or she graduates from high school, then a judge can decide whether or not to terminate child support before the child’s 18th  birthday.

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 Posted on January 11, 2017 in Mediation

The “happily ever after” promise of fairy tales often create a view of marriage as a series of elegant candlelight dinners and a conflict-free relationship. Conversely, many people may have a romanticized view of divorce, believing that it will mean the end of burdensome relationships and the beginning of a carefree life. Anyone who has ever been married or divorced would probably dispute these ideas.

It is also not uncommon for a person to have a romanticized view of divorce litigation, often fueled by movies and television shows that depict gripping courtroom dramas. In many cases, the reality is far different; the emotional and financial costs pile up and result in a protracted legal battle that takes its toll on both spouses and their children. For some couples, mediation may provide an alternative to a courtroom standoff.

Control

One of the biggest advantages of mediation is that the parties have a tremendous amount of input into the final product. Instead of a judge who dictates terms, the husband and wife make most or all of the decisions concerning their family.

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 Posted on January 06, 2017 in Property Division

For many divorcing couples, the issue of dividing property is often one that creates serious disagreements. Sometimes, it is impossible for the spouses to even agree on what property should be divided, let alone who will be getting what in the end. A substantial inheritance received by one spouse can lead to more intense disagreements, as divorcing spouses often do not know that such concerns are addressed specifically by Illinois law.

Marital and Non-Marital Property

The Illinois Marriage and Dissolution of Marriage Act specifies that a couple’s marital estate includes all property—including assets and debts—acquired by either spouse during the marriage. Property acquired before the marriage is considered non-marital and will remain under the ownership of the spouse who acquired it. There are several, rather limited exceptions, however, for property obtained during a marriage. Assets received as a gift or inheritance by one spouse are not considered marital property and are, therefore, not subject to division in a divorce.

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 Posted on January 04, 2017 in Domestic Violence

It is a fairly common occurrence in salons and beauty shops across the country. A client—usually a woman—sits down to get her hair cut, colored, or styled by a person with whom she has developed a friendly relationship. They get to talking, and gradually, the client becomes comfortable enough to start sharing very personal details about her life—things she may not be willing to tell anyone else. Sometimes, these details are relatively harmless, such as a playful crush on a celebrity. In other cases, however, a client may share, directly or indirectly, that she has been the victim of domestic violence.

In the past, many stylists and beauty professionals may have felt ill-equipped to handle such situations. Thanks to a new law in Illinois, however, they will soon be able to offer help and resources to clients in need of protection.

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 Posted on December 30, 2016 in Property Division

There are a great deal of changes to be expected during the divorce process. With so much uncertainty, many people going through divorce seek a measure of stability and would prefer to continue living in the marital home, even after the divorce. Keeping the marital home, however, may not be all that simple.

When deciding if staying or moving is the better option, you will need to consider:

• What is the market like? If the residential real estate market in your area is hot, it may be worthwhile to sell your home and move to another house that suits your new situation. If home prices are not favorable, remaining in your home may be the better option.
• Can you afford the monthly mortgage payment on your own? If you want to stay in your house, you need to crunch the numbers with your new budget in mind. Many individuals going through divorce have a hard time adjusting to a single income and remaining in the marital home can require a sizable amount of money. Ask yourself: If you were not married, would you buy this house?

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 Posted on December 26, 2016 in Spousal Maintenance

When a couple gets divorced, Illinois law provides that one spouse may be ordered to make payments of maintenance—also known as alimony—to the other. The purpose of maintenance is to help a financially disadvantaged spouse better manage his or her post-divorce life. In many cases, the need for spousal support is understandable, especially in long marriages where one spouse sacrificed career advancement for the sake of the marriage and family responsibilities. But, what about couples who were only married a short time before getting divorced? Illinois law does not automatically eliminate the possibility of maintenance following a short marriage, but it does offer the court a fairly unique option.

Standard Maintenance Awards

The Illinois Marriage and Dissolution of Marriage Act provides a table that determines how long maintenance payments should continue if the court finds such support to be appropriate. To determing the length of the order, the court must multiply the length of the marriage by a predetermined percentage factor:

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 Posted on December 21, 2016 in Family Law

On January 1, 2017, a new law will go into effect in Illinois with a section that specifically addresses the parentage of children of assisted reproduction. Public Act 099-0763 amends the Illinois Marriage and Dissolution of Marriage Act (IMDMA) and the Illinois Parentage Act of 2015 clarifying certain sections which lawmakers felt were needed after last year’s major overhaul of both Acts.

Children of Assisted Reproduction

Over the past few years, there have been several high-profile legal cases regarding child custody and parental responsibility regarding children of assisted reproduction. Under the new measure, any individual who is an intended parent is the legal parent of any resulting child. The new law clearly specifies legal parentage and responsibility as follows:

• If the donor and the intended parent – both represented by legal counsel – have entered a valid agreement whereby the donor gives up all parental rights to the child, then the intended parent is the legal parent; and

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 Posted on December 19, 2016 in Divorce

There are countless factors that can lead to trouble in a marriage. Some may be dangerous or destructive behavior on the part of either spouse, such as cheating, drug or alcohol problems, or mental or physical abuse. Others, however, may be just as important but beyond the control of either spouse, as factors like age, race, and religious differences can also affect marital stability, ultimately leading to divorce.

An example may be found in the recent announcement by model Shannon de Lima and singer Marc Anthony that their two-year marriage is coming to an end. This did not come as a surprise to many as the couple has had a rocky marriage. Some have even suspected that divorce was on the horizon for the couple after an on-stage kiss between Anthony and his ex-wife Jennifer Lopez a month ago. 

Age Difference and Divorce

Another factor that may have led to the couple’s split was the 20-year age difference between the spouses. Anthony is 48 while de Lima is 28 years old. Age differences can sometimes add extra difficulty to a marriage due to disparate experiences and values. According to a study from Emory University in Atlanta, the rates of divorce rise considerably in relation to age difference. A one-year age difference increases the likelihood that a couple will divorce by 3 percent, and a five-year gap means a couple is 18 percent more likely to split. The statistics are even more shocking for those who are more than 10 years older or younger than their spouse. Couples with a 10-year age difference have a divorce rate 39 percent higher than average and those, like de Lima and Anthony, with an age gap of 20 years are 95 percent more likely to divorce. 

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 Posted on December 15, 2016 in Divorce

There is no way around it: divorce can be difficult, time-consuming, and expensive. In some ways, it is entirely understandable that two people who built a life together would experience challenges as they move in different directions. While nothing can completely eliminate all of the stress and contentiousness of a divorce proceeding, there are some things you can do to make your divorce easier, faster, and less hostile.

Commit to Cooperation

Long before you or your spouse files any divorce paperwork, the two of you can make the decision to work together throughout the process. For most couples, the choice must be a conscious one, as a casual attitude is not likely to carry you through the more difficult moments. By making a determined effort to stay positive and to avoid unnecessary battles, you and your spouse may find the road ahead to be much more manageable than you may have expected.

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