Posted on November 03, 2012 in Child Custody and Support

Current statistical data has shown that first marriages are nearly 50% as likely to fail as they are to succeed before the 20^th wedding anniversary.  This trend has increased throughout the years 2006 to 2010, almost the same timespan that social media sites were becoming more and more popular.  But this is not to blame sites like Facebook for divorces but merely to point out an unhappy coincidence.  The use of evidence from social networking sites is becoming more and more prevalent in divorce cases.

Another survey of divorce attorneys compiled by the American Academy of Matrimonial Lawyers (AAML) has tried to measure the impact.  They have found that over 80 percent of divorce lawyers believe that the use of evidence from social networking has increased considerably since 2006.  Yet the sad truth is most people do not know how something as harmless as posting a party pic on Facebook can negatively impact any divorce settlement.

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 Posted on October 31, 2012 in Divorce

When a party desires to have a prenuptial agreement held invalid under Illinois law, the first factor that must be considered is the date of execution.  Different standards will apply depending on when the parties entered into the agreement.  The principles of the Illinois Uniform Premarital Agreement Act (“IUPAA”) govern any agreement executed on or after January 1, 1990, while common law controls prior agreements.

A prenuptial agreement signed prior to 1990 will be upheld so long as:

-          It does not create an unforeseen state of poverty.

-          Both parties had full knowledge of the other’s finances prior to signing.

-          It was entered into voluntarily.

-          The agreement is fair and reasonable at the time of enforcement of the agreement.

For premarital agreements signed after 1990 under the IUPAA, the “fair and reasonable” standard is no longer applied.  A party seeking to invalidate a post-Act agreement must prove only that (1) he or she did not sign the agreement voluntarily, or (2) that at the time of execution, the agreement was unconscionable, meaning that it was improvident, totally one-sided, or oppressive, and that party neither was given a fair and reasonable disclosure of the property or financial obligations of the other party waived the right to the disclosure.  Thus, the enforcement of a prenuptial agreement may hinge on its date of execution.

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 Posted on October 28, 2012 in Business Valuation

According to party planners, a divorce is not a cause to be down anymore. As a matter of fact, some planners are reporting that their businesses have tripled in recent years due to the popularity of divorce parties, not only in Illinois, but all over the country. It may seem like an awkward trend, but the numbers don’t lie. There are party planning businesses all over the country that are reporting upwards trends in these types of parties.

These parties are reported to get a little raucous with Champagne flowing, unique decorations such as voodoo dolls and even divorce cakes. These parties can range in price and are usually take place after the divorce proceedings have ended and a settlement has been reached. Some planners report that lump sum settlements often fund these parties. The parties often take place in nightclubs, dance halls and are arranged in VIP sections of establishments and often are accompanied with limo rides.

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 Posted on October 25, 2012 in Divorce

One alternative to the litigated divorce is the mediated divorce. Mediation offers a neutral approach to handling your divorce and offers a more private, self-controlled, and usually more affordable means by which to handle your case.

In a mediated divorce, both parties usually work with a single, neutral, mediator. The mediator helps the parties reach an agreement. Mediated settlements are not imposed on parties by attorneys or judges, but rather are drafted by the parties themselves (the mediator does the typing, the parties dictate the language). In sum, you will not be handed a preformed, boilerplate, settlement that may be unacceptable – you will craft your own agreement in your own words. More important, because of the slower, more personable, more focused approach afforded by mediation, you will be able to address emotional and psychological issues that the court system simply cannot even begin to approach.

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 Posted on October 21, 2012 in Divorce

The Chicago Tribune is reporting that Fox has approved a pilot for a new reality show that offers unhappily married couples an instant divorce over the course of a single weekend. Arthurt Smith, CEO of A Smith and Co, which is also the U.S. maker of the Fox show “Ramsay’s Kitchen Nightmares,”has struck a deal with Jim Halfens, the Dutch entrepreneur who has made headlines recently for his real-life Divorce Hotel service that currently operates in the Netherlands, to develop the show. Smith has partnered with Mickey Stern and John Brenkus of Base Prods, a U.S. company specializing in sports science series.

The concept behind the Divorce Hotel service, as well as the reality show, is to save divorcing couples the misery, length of time, and high dollars typically involved in many divorce proceedings. After working through all of their issues, along with their legal teams, the goal is for the couple to be happily and legally divorced by Sunday night.

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 Posted on October 18, 2012 in Spousal Maintenance

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504, a spouse can seek maintenance, or what is commonly known as alimony, from his or her spouse in the context of a dissolution of marriage, legal separation, or annulment proceeding. Maintenance may be temporary or permanent in nature. The amount and duration of a maintenance award is up to the discretion of the court, which must take into consideration all relevant factors, including the following:

• The income and property of each party
• The needs of each party
• The present and future earning capacity of each party

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 Posted on October 16, 2012 in Divorce

A. Requirements for filing for Divorce in Illinois:

Grounds - In order to file suit for divorce in Illinois, you must prove that you have met the necessary "grounds" for divorce. Those grounds include:

-  Residence for six months in state

-  Irreconcilable differences; and

-  No chance for reconciliation.

B. Temporary Orders Hearing:

If you and your spouse cannot agree as to how your property will be divided, your debts paid, how your property will be temporarily divided, your debts temporarily paid, and if you have children, how your children will be temporarily cared for, then you will need to have a hearing on temporary orders. Temporary Orders allow the court the opportunity to make orders that will exist during the time between the filing of your divorce suit and ending with the entry of the Final Decree of Divorce in your case.

C. Discovery Process:

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 Posted on October 14, 2012 in Divorce

Geneva High School Leos Club was presented with the 2011-12 Leo Club Excellence Award by Lions Club International on September 27, 2012.  The Award represents the highest distinction a Leo Club can achieve.  The Geneva Lions Club, sponsor and “parent” Club of the Geneva Leos Club, proudly honors and acknowledges the hard work of their membership at Geneva High School and their two advisors, Lynn Fredericks and Cathy Pool.

In October 1967, the board of directors of Lions Clubs International adopted the Leo Club Program as an official program of the association.

The Leo Club Program has been growing strong for over 50 years.  Community service remains the cornerstone of the program.  Like their Lion counterparts, Leo club members enjoy serving their neighbors and watching positive results unfold.

In total, more than 150,000 young people in 139 countries are proud to volunteer to serve others in their local communities and to call themselves Leos. These young community leaders are friendly, active and dedicated to creating new and exciting youth volunteer opportunities by participating in their local Leo clubs. Social and professional connections are an additional benefit for Omega members (age 18 and older).

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 Posted on October 08, 2012 in Child Custody and Support

One of the requirements for filing a divorce is residency in the state you are filing.  For example, Illinois requires that either spouse resides or is stationed within state lines for 90 days.  The other spouse doesn't need to reside in the same state but that can have an effect on your divorce proceedings.  The state which you file will decide how property is divided or how child custody is decided.  This is why it’s important to understand the concept of jurisdiction as it applies to your possible divorce.

The court looks at two different kinds of jurisdiction when deciding a divorce, personal jurisdiction and in rem jurisdiction.  Between these two concerns, a divorce court must decide if they can settle each case.  So what are these two terms?

Personal jurisdiction is when a court has control over a person because they live in state.  The court can also have jurisdiction if the person is served with a summons in Illinois or has minimum contracts in Illinois.  A minimum contract is a legal term which  a person to waive their rights to object to a court hearing a case.  If no objection is heard to this effect, then the case must proceed as dictated by state law.  Personal jurisdiction allows a court to make a person do something.

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 Posted on October 06, 2012 in Child Custody and Support

There are two ways to end a marriage, either through annulment or divorce.  So it is important to understand the differences in the two requirements and processes of annulments and divorces.  A divorce is a dissolution of marriage.  Both parties revert back to a single status and have the ability to remarry if they so desire.  The process itself is a lengthy and can include a lot of negotiations concerning aspects like division of property, child custody, and other things that must be separate after a divorce.

An annulment can be understood as an expungement of a marriage.  The Catholic Church often requires an annulment if people want to be remarried in the Catholic faith, which is where the process originated.  There will essentially be no record of such a marriage existing if the annulment can be legally justifiable.  Either spouse has the ability to file for an annulment but must prove that the grounds for annulment are in fact valid.  If the grounds are proven to be factual, the marriage can be pronounced null and void by a court.

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