Posted on May 04, 2015 in Divorce

When a married couple announces the birth of a new baby, it is generally the cause for great celebration. Friends and family excitedly share the news and join with the mother and father in welcoming the new addition to the family. What if the father, however, is not really the father? The law, as one might expect, does not really address how a family is supposed to deal with such a situation, but it does offer some legal guidelines for the parents on how to proceed.

Legally Married, Legal Father

Illinois law regarding paternity assumes that a child born or conceived during a marriage is the child of the married couple, establishing legal parental rights for both the mother and the father. In a vast majority of cases, such an assumption is correct and simplifies the legal process. However, situations may arise in which the husband of the marriage is not, in fact, the biological father of the child, such as infidelity or a new relationship by the mother during an extended divorce process.

Continue Reading ››

 Posted on April 27, 2015 in Divorce

Unsurprisingly, many who experience divorce commonly describe the experience as heartbreaking. A new study, though, suggests that such a word choice may not be entirely inappropriate.

The metaphor of a broken heart is practically as old as language itself. It has survived the centuries as an accurate representation of the intense emotional pain associated with significant loss, including the death of a loved one or romantic rejection. The pain of psychological or emotional heartbreak can be so real, in fact, that physical manifestations are common, including chest pains and arrhythmia, and are frequently mistaken for heart attacks.

While such symptoms and feelings may be experienced at the height of an emotionally charged situation, long-term heart health may be affected as well. A study conducted by researchers at Duke University seems to have identified a link between divorce and future heart attacks in women.

Continue Reading ››

 Posted on April 22, 2015 in Mediation

As an increasingly common form of alternative dispute resolution, mediation in divorce can allow a couple to navigate the process with minimal stress and reduced financial expense. While divorcing spouses must remain committed to a sense of cooperation in order for mediation to work well, the mediator can also play an integral role in the negotiations. In addition to the necessary responsibility of facilitating constructive discussion, the most successful mediators may be accomplishing the most when it appears that they are not doing anything at all. What seems like nothing may in fact be mediator demonstrating his or skills in active listening, which can be one of the most important characteristics a good mediator possesses.

Even a mediated divorce carries with it a level of uncertainty and apprehension for both spouses, and yours is likely no different. There a few things to keep in mind when selecting a mediator, however, that can help create more positive results.

Continue Reading ››

 Posted on April 20, 2015 in Divorce

The decision to divorce is difficult under the best of circumstances. A couple with children, however, may be faced with an even more challenging situation. In addition to making the necessary arrangements for issues such as custody, visitation, and child support, parents also have an obligation to help their children through the process, while reducing unnecessary stress and confusion. This generally means that parents must be able to talk to their children about the life changes being effected by divorce to help them understand, as best they can based on their maturity level, what a post-divorce life will be like and how their lives may change.

Be Age Appropriate

When discussing divorce with your children, it important to realize that communication is an ongoing process, not just a one-time conversation. This is especially true in younger children who, as they grow and mature, will likely have more questions and seek to understand the situation on a deeper level. The discussion must begin, however, with your understanding of what your child is capable of comprehending. For example, a pre-school aged child would not grasp the concept of you feeling emotionally isolated from your spouse. Instead, simply explaining that Mom and Dad will both be happier may be a better start.

Continue Reading ››

 Posted on April 15, 2015 in Business Valuation

Division of property is often a major concern for divorcing couples. As an equitable distribution state, however, Illinois law requires that each spouse receive an appropriate, but not necessarily equal, share of the marital property based on the circumstances of the marriage and divorce. There are a number of methods which may be used to divide property and the right one for a given situation generally depends on the specific assets to be distributed and their appraised value. In some cases, a structured settlement may be appropriate.

Liquidity of Assets

Establishing the value of particular assets may be fairly easy or rather complicated depending on their nature. Goods and property, such as a piece of artwork or real estate, and accounts, such as savings or certificates of deposit, can be valuated with a degree of certainty, as such assets could be converted to cash relatively easily. Others, such as the family home, a business owned by a spouse, and long-term investment or retirement accounts may require an actuary or other financial expert to calculate their actual and anticipated value. Many of these type assets are considered nonliquid or illiquid, as they are not easily converted to cash for equitable distribution.

Continue Reading ››

 Posted on April 13, 2015 in Divorce

Despite the law’s 14 year existence, Dawn Geras continues to work tirelessly to remind scared and struggling parents that the state provides protection for them under what has colloquially become known as the Safe Haven Law. The measure, which was in enacted in 2001, permits parents to safely relinquish their newborn child at designated locations as an alternative to much more dangerous actions or neglect. Children who are relinquished under the law are provided any needed medical care and then quickly made available for adoption, often within just a few hours.

Geras is the founder of the Save Abandoned Babies Foundation, a Chicago based charity that was instrumental in drafting the original version of the law. With the help of other volunteers, she works to educate the public about the existence of the Safe Haven Law and how it can help parents. “We initially started out saying if we could save just one baby, it would be worth it,” she said. “Today, we’re over 100. How many classrooms is that now?”

Continue Reading ››

 Posted on April 08, 2015 in Child Custody and Support

Unmarried or divorced parents generally share at least one common interest: the well-being of their children. Following a break up or divorce, however, the law requires arrangements regarding the children to be established and custody may be granted to one parent solely or to both parents under a joint custody order.

When parents are granted joint custody of child, each parent retains equal decision-making power related to the child. This means that parents will be expected to work together to provide for their child and to make decisions related to health care, education, religion, rules and discipline, and other practical considerations. When petitioning for joint custody, parents must demonstrate their commitment to such an arrangement by developing and presenting to the court a Joint Parenting Agreement, or JPA.

Continue Reading ››

 Posted on April 06, 2015 in Spousal Maintenance

Spousal maintenance, or alimony, is frequently utilized in divorce cases to limit the financial impact to a spouse who, based on the circumstances of the marriage, is not prepared to become immediately self-sufficient. While post-divorce life is rarely easy for either spouse, a partner who had assumed more domestic responsibilities or had lower or no income may find it virtually impossible to survive without the financial support that a maintenance award provides.

New provisions were enacted under Illinois law this year which, for the first time, provided a formulaic standard regarding the calculation of spousal maintenance orders. Previous versions of the law left every detail to the discretion of the court, which eventually led to disparity in awards depending on the judge assigned to the case. The new law sought to remove much of the inconsistency, while still leaving some significant responsibility with the individual court.

Continue Reading ››

 Posted on April 01, 2015 in Divorce

While studies have been done and some are undoubtedly ongoing to better analyze the current state of marriage and divorce in the United States, statistical data from the federal government suggest that the divorce rate has been falling for more than three decades. Certain research projects have disputed the decrease of the divorce rate, but when looked at in terms of divorces per capita, there is little doubt the overall trend is headed downward.

It is possible that a lower nationwide divorce rate indicates an increasing level of marital happiness. However, it could also mean that less couples are getting married, and therefore divorce is never an option, or that other factors are keeping a marriage intact despite unhappiness in the relationship. More than likely, all of these factors are contributing in some way to the lower rate of divorce.

Continue Reading ››

 Posted on March 27, 2015 in Prenuptial and Postnuptial Agreements

Many people hear the term “prenuptial agreement” and immediately think of celebrities or other famous wealthy individuals. The perception is often that such high net-worth people create prenuptial agreements in order to protect their assets and prepare themselves for an inevitable future divorce. While it is certainly true that these types of agreements can be very useful in the event of a divorce, their true strength lies in the ability to help any couple – not just the super-rich – establish security in their marriage that may even reduce the likelihood of divorce.

Marriage is a Legal Contract

While the current cultural view of marital relationships is that they are an expression of romantic love and familial commitment, the legal view is quite different. The law, of course, recognizes the familial commitment, but in the seven parts and hundreds of pages that comprise the Illinois Marriage and Dissolution of Marriage Act, there is not a single reference to or use of the word “love.” As far as the law is concerned, marriage represents a type of contract between two parties, entered willingly and without coercion. Obviously, romantic love is the basis for a vast majority of marriages in this country, and addressing the contractual aspect from the beginning can allow couples to focus on the personal side of a healthy relationship.

Continue Reading ››