Posted on October 29, 2013 in Divorce

Illinois lawmakers take domestic violence very seriously.  They recognize that domestic violence is a crime that causes disharmony in families, emotionally unstable environments, and promotes a cycle of escalating violence in the home.  Therefore, legislators enacted the Illinois Domestic Violence Act to protect victims of domestic abuse and help to stop the pattern of violence in Illinois homes.

 Within the definition of domestic violence, the law includes:

• Physical abuse, confinement, or restraint

• Sexual abuse

• Repeated, purposeful and unnecessary deprivation of sleep, medical care, food, shelter, or other necessities

• Threats of imminent physical harm and general intimidation

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 Posted on October 25, 2013 in Divorce

There’s no doubt that financial disagreements can play a significant role in the turbulence of a relationship or marriage. Studies have found that arguments over finances are in fact a leading reason for divorce, highlighting that early fights over money issues can be major red flags for the relationship. Couples that can’t come together over money will face an uphill battle to stay together. There are many factors that can influence your likelihood of divorce, but understanding some common financial deal breakers can be helpful for determining potential issues.

Credit score is playing a bigger role in who men and women will consider a long-term partnership with. According to a study by freecreditscore.com, 1/3 of women and 1/5 of men would not walk down the aisle with a person attached to a bad credit score. Being upfront at the outset of your relationship about past financial troubles can clear the air and allow you to set up a plan to get on top of your situation. This will also be beneficial if you decide to buy a car or house with that person down the road.

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 Posted on October 23, 2013 in Child Custody and Support

A marriage vow is meant to last a lifetime.  It is a commitment that is meant to survive sickness, health, wealth, poverty, better and worse.  The likelihood of most marriages lasting that long is around 50 percent.  But there are also couples who are stuck in bad marriages and will not get a divorce.  Some people can free themselves from bad marriages while others will not because of the following reasons.

1. The Kids

This is probably the most common reason that couples suffer through unhappy relationships.  Staying together for the kids is a noble pursuit that should be a top priority.  Yet if your relationship is toxic, it is not a good idea to subject your kids to your bad marriage.

2.  Usefulness

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 Posted on October 21, 2013 in Property Division

Hearing that your spouse has filed for divorce can be devastating.  The life that you have built together is changing and that’s scary.  But do not let the news take you away from dealing with the divorce proactively.  As you have spent time with your spouse amassing assets, make sure to account for everything that needs to be separated.  Having the proper setup for the process of property division can affect your financial future.

The first step is to take an inventory of the marital assets that are subject to property division.  Marital assets includes all property that was acquired during the marriage.  Certain restrictions include gifts to one spouse, property acquired by those gifts, and property excluded from the marital estate.  A good way to take stock of your assets is by collecting financial paperwork like paycheck stubs, tax returns, loan or mortgage paperwork and bank statements that will establish your net worth as a married couple.

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 Posted on October 18, 2013 in Collaborative Law

Today, there are several ways to pursue your divorce outside of traditional litigation. For some couples, going through litigation is costly in terms of emotions and finances. Perhaps you and your spouse are able to discuss issues in a relatively civil matter. If you're concerned about the high costs of traditional divorce, an Illinois collaborative divorce approach may be the answer you have been looking for.

The collaborative approach is actually picking up steam in other states, too, as a different way to pursue marriage dissolution. You will need to hire an attorney trained in collaborative law to start.

To begin with, collaborative divorce allows for 4-way meetings with you, your attorneys, your spouse, and his or her attorneys. This reduces the need to attend court multiple times to discuss matters. If your negotiations don't end up working out, you will still have the opportunity to go to court, but this time with new lawyers. The focus of collaborative law is on identifying critical issues and developing plans to resolve them. This gets away from the approach of placing blame and generating a contentious environment for you and your spouse.

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 Posted on October 12, 2013 in Child Custody and Support

Illinois divorce attorneys have several tools in their arsenal to ensure the best outcome in a divorce that involves children. In Illinois, the guiding principle for such divorces is that any post-divorce custody arrangement must be in the best interest of the children. Determining the best interest is not as easy as it sounds, however.

Fortunately, with the help of their family law attorneys, the parties are often able to reach agreement that truly is in the best interest of the children. They will memorialize that agreement in writing in a document called a Joint Parenting Agreement (JPA). A judge will then review the JPA. Because the judge will scrutinize the JPA, an experienced family law attorney usually prepares it based on commonly accepted industry standards. The typical JPA will identify the parties who are seeking divorce and provide the children’s names, address and age.

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 Posted on October 08, 2013 in Family Law

Gay marriage has long been a headline-making topic in the U.S. With states legitimizing gay marriage all across the country (in places as disparate in other social policies as Iowa and Massachusetts) and California even overturning a ruling that made gay marriage illegal, it’s no surprise that the debate has remained an important point of dissension in Illinois. In that vein, then, it’s not surprising that in late September a state court judge ruled that the 25 same-sex couples “challenging statutes that keep them from being married in Illinois can go ahead with their lawsuits,” according to Bloomberg News. Judge Sophia Hall rejected a bid by opponents to dismiss the case, and said that, “plaintiffs had presented legal issues that warrant further consideration.” 

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 Posted on October 04, 2013 in Divorce

It’s not just infidelity that leads people to divorce anymore. In fact, according to research from the National Fatherhood Initiative and reported upon by MSN News, a lack of commitment and relentless arguing were actually the two most common reasons for divorce. Infidelity, long considered the most common reason for divorce, doesn’t seem like as big of a deal in 2013 as it has in the past century. A booming industry surrounds infidelity, with websites such as AshleyMadison.com actually providing a platform for people who want to have an extramarital affair. Perhaps this change in attitude is why less people view their partner being unfaithful as reason enough to split. But the surprising fact, according to the Huffington Post, is that an incredibly common behavior is most at fault for divorces in the U.S.

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 Posted on September 30, 2013 in Business Valuation

Illinois divorces can be complicated, especially when they involve numerous assets or a family business. The presumption in Illinois is that assets or wealth gained during the marriage will be considered part of martial assets, which are subject to equitable division during a divorce. Equitable division is a fluid term, which can give rise to lengthy and expensive litigation. For example, if a divorce involves a small business (or a big one for that matter), the divorce court has to determine whether it is part of the martial estate.

This determination can be tricky, especially in cases where the business predates the marriage. Fortunately, with proper planning, parties may avoid many of these issues. For example, a small business owner who is contemplating marriage, may contact an Illinois family law attorney to determine whether a prenuptial agreement would be helpful. Prenuptial agreements are a valuable tool, but they must meet the Illinois requirements before they are valid. At minimum, the parties must have separate attorneys representing them during the drafting and execution of the prenuptial agreement. If only one side has an attorney, there will be a presumption of unfair advantage in favor of the party who had an attorney.

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 Posted on September 27, 2013 in Prenuptial and Postnuptial Agreements

Whether or not you have substantial assets, it is smart to draft a prenuptial agreement before your marriage begins to protect yourself and your spouse in case of a divorce. Knowing what belongs in a prenup (and what doesn’t) can be important for ensuring that your document accurately reflects your needs and wishes. Outlining this document properly with the guidance of an attorney is the best way to keep a court from deciding what happens to your property if you eventually obtain a divorce. Your prenuptial agreement should also be in line with state laws and requirements about what can and cannot be included in this document, which is why hiring a lawyer to assist you is critical. What goes into your agreement will depend largely on your individual situation at the time, but there are several basic suggestions for what belongs in your prenup.

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