Posted on November 23, 2016 in Prenuptial and Postnuptial Agreements

Family-owned businesses are the backbone of the American economy. Some 90 percent of all businesses are family-owned or, at the very least, controlled by the families who started them. Many owners of family businesses look forward to the day that they can turn over the day-to-day operations to the next generation, never even considering how a divorce might wreak havoc on their professional and business-related plans. If you are a business owner who is thinking about getting married, you may want to execute a prenuptial agreement to be sure that your company is not affected by a potential divorce.

Marital or Non-Marital Property

According to Illinois law, if you own a business prior to getting married, your existing interest in the company will, in most cases, be considered separate or non-marital property in the event of a divorce. Things can get very complicated, however, as you make improvements to your business and invest your personal efforts in increasing the company’s value during your marriage. Depending on the specific circumstances, the increase in value and retained earnings generated by your business during your marriage could be considered part of the marital estate and, therefore, subject to division in divorce.

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 Posted on November 21, 2016 in Family Law

It is hard to believe that we have reached mid-November already. Just a few short weeks ago, it seems, we were turning the calendar over to 2016 and now the year is nearly over. As the leaves fall to the ground and suggestions of snow creep into the weather forecasts, there is a silver lining. The winter holiday season is fast approaching, beginning with Thanksgiving this week and continuing through New Year’s Day well into January. For divorced, separated, or unmarried parents, the winter holidays can certainly be a fun, rewarding experience, but they can also become very stressful without the proper planning.

Communicate and Compromise

When you and your child’s other parent share parenting time around the holidays, it is very important to be patient and flexible with one another. Family get-togethers often unexpectedly run long and traffic can be unpredictable. Make plans in advance regarding who will be responsible for pickups and drop-offs, but be gracious and courteous when things do not go exactly as you planned.

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 Posted on November 16, 2016 in Child Custody and Support

Following a divorce or a breakup between unmarried parents, arrangements must be made regarding care of the children. It is important to get such considerations in written form and approved by the court to be sure that neither parent’s rights are compromised along the way. If you are a parent in such a situation and you cannot reach an agreement with your former partner, the court has the authority to impose whatever arrangements it deems appropriate for your case.

The court decision, of course, must be based on provisions in the law—specifically the terms of the Illinois Marriage and Dissolution of Marriage Act. Child support obligations notwithstanding, there are two primary areas of concern that are included within the realm of the allocation of parental responsibilities, previously known as child custody.

Significant Decision-Making Responsibilities

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 Posted on November 14, 2016 in Spousal Maintenance

A few weeks ago, a post on this blog discussed how an obligation for spousal maintenance—sometimes called alimony—is to be calculated during a divorce in Illinois. Maintenance is intended to ease the economic impact of a divorce on a spouse at a relative financial disadvantage. But what if the financial disadvantage is somewhat self-imposed? What if the lower earning spouse could be earning more but is choosing not to do so? It may come as a surprise to learn that the court in Illinois is empowered to take action in such cases and to make a decision that is equitable to both parties.

What the Law Says

According to the Illinois Marriage and Dissolution of Marriage Act, a court is expected to take into account the income, resources, and employability of each spouse when deciding if maintenance is needed. The law also provides a formula to be used in cases where the couple’s combined income is less than $250,000 and there are no support obligations from a previous relationship. A recent appellate court ruling, however, upheld a lower court’s decision to add to a spouse’s individual income based on his marketable skills and employability, due to the fact that he was earning significantly less than his potential.

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 Posted on November 09, 2016 in Divorce

When you and your spouse have decided to end your marriage, you may start receiving a great deal of unsolicited advice from friends and family members about how you should proceed. Some may be telling you to hire an aggressive lawyer and get everything you can from your spouse during the proceedings. Others could be suggesting that you should just sit back and see what your spouse is going to do before you make any decisions. Such advice is also available from countless websites and online resources, creating a virtual cacophony of conflicting information for you at a difficult time. Amidst the confusion, there is one divorce option that is often overlooked but that may provide an avenue for finalizing the process quickly and efficiently. It is called an uncontested divorce and, if you and your spouse can work together despite your differences, it may be ideal for your situation.

Uncontested Divorce Defined

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 Posted on November 07, 2016 in Mediation

For many divorcing couples, mediation provides an avenue for discussing and negotiating the terms of a divorce settlement, helping them avoid the complications of courtroom litigation. When mediation is appropriate, it can provide many benefits, including saving substantial time and money, increased participation from both parties, and a resulting divorce judgment that reflects the needs and desires of everyone involved.

While mediation can certainly be a very valuable tool for a couple in the midst of a divorce, the process is not always the best choice. In some cases, mediation may even prove to be detrimental to reaching an equitable resolution. You may want to consider litigation for your divorce if:

1. Your Spouse Does Not Want a Divorce

It is understandable that you and your spouse may not be on exactly the same page when it comes to making arrangements for your divorce, but—to continue with the metaphor—you should at least be reading the same book if mediation is going to work. If you want a divorce but your spouse does not, there is very little chance that he or she will be amenable to the negotiation process. In time, he or she may be open to the idea of mediation, but if that does not happen, litigation may be your only option.

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 Posted on November 02, 2016 in Divorce

When a couple is considering a divorce, the parties are often looking for ways to save money and to make the process easier. One of the most common questions that many couples have is whether they may be able to share an attorney for their divorce. While this may seem to be an ideal way to reduce expenses, there are rules in place that prevent one lawyer or law firm from representing both spouses in a divorce proceeding.

Professional Conduct

At its very core, marriage is a contract between two parties, which makes divorce a proceeding to dissolve that contract. This means that, technically, the spouses in a divorce are considered opposing parties. The fact that the spouses are able to work civilly together and have reached an agreement on most of the important issues does not change their status as opposing parties from a legal standpoint.

Rule 1.7 of the Illinois Rules of Professional Conduct states that an attorney “shall not represent a client if the representation involves a concurrent conflict of interest.” Such a conflict is presumed to exist if “the representation of one client will be directly adverse to another client.” In the eyes of the law, this is exactly the situation in a divorce case. Despite your commitment to working together, your interests are technically in conflict with those of your spouse.

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 Posted on October 31, 2016 in Spousal Maintenance

As you approach the process of divorce, you, undoubtedly, will have many questions. You are likely to wonder how arrangements for your children will be made and who will get what property when everything is divided between you and your spouse. It is also common for spouses—especially those who make more than their partners—to have concerns about spousal maintenance and how much they may be required to pay following the divorce.

Maybe, Maybe Not

The first thing you should know about maintenance—or alimony, as it is sometimes called—is that it is not guaranteed in divorce. Each case is handled by the court on an individual basis. Of course, the court may look to previous rulings for established precedents, but in awarding maintenance, the court must determine that an actual need exists. To determine the need, the court will look at numerous factors, including the length of the marriage, each spouse’s age, health, income, and employability, and the contributions of each spouse to the marriage and to each other’s earning capacity.

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 Posted on October 26, 2016 in Family Law

It is one thing to know that you are the father of a child. It is a different story when you are trying to convince the legal system that you are the father. Although marriage is not right for everyone—and in some situations, should be discouraged—however establishing paternity is significantly easier if the parents are married before the birth of the child. Establishing paternity is not impossible if the child was born out of wedlock, but the process can be much longer and more complicated.

Why Does Marriage Matter?

Does marriage matter? It depends on your circumstances and if you WANT to be married. There are significant benefits that may be available to some married couples, but for others—like those receiving set pensions—it may stop current benefits. Therefore, it is up to each couple to decide if marriage is the right option. It is more socially acceptable than ever before to have children outside of wedlock. Nearly 50% of children born today to women under the age of 30 are born to unmarried mothers. This percentage is regardless of financial or social status and incorporates children of celebrities and political figures as well as ordinary individuals. With regards to establishing paternity, if the mother and spouse are married at the time of conception, or are married on the date of birth, the spouse is presumed to be the other legal parent. If you are part of the unmarried population with a new child, you can establish parentage through provisions in the Illinois Parentage Act.

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 Posted on October 24, 2016 in Divorce

Are you considering a divorce? Has your spouse made you so angry that you cannot wait to take him or her to court and prove that you have been wronged? Such emotions are understandable when you are in the midst of a volatile break-up with your spouse. It is very important to keep in mind, however, that the divorce process can provide only so much consolation. There really are no winners in a divorce proceeding, but when the situation spirals out of control, it can be easy to feel that everyone has lost.

Maintaining Perspective

In many cases, divorce may bring out a person’s competitive nature. A spouse may want to “win,” even if he or she has no real concept of what “winning” would look like. Is it winning if you get slightly more than half of the marital property? Will you be unhappy with anything less than sole custody (now called parental responsibilities) of your children? And, what if you do “win?” Then what happens? Chances are, feeling like you got the better end of your divorce settlement is not likely to last very long. You must still move forward with your life no matter what the outcome of your divorce may have been.

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