Recent Blog Posts
A Prenuptial Agreement Can Protect Your Children’s Inheritance Rights
While many may view prenuptial agreements as necessary only for the rich and famous who stand to lose millions in divorce, the reality is much different. In fact, many marriage and financial experts recommend such agreements for all couples, especially those entering a second or subsequent marriage. In addition to outlining what is to happen with marital property in the event of death or divorce, can also be used to identify your own personal assets prior to marriage and establish a plan for their disposition as well.
Heirlooms and Inheritances
Consider a fairly specific, but not terribly uncommon scenario: For several generations, your family has passed down an item of both physical and sentimental value to the oldest child. This item previously belonged to your father, to his mother before him, and to her father before her. You inherited the asset prior to your marriage and long before you ever had children. Since the heirloom is an inheritance, and since it was acquired before marriage, it is not considered marital property by law. However, a prenuptial agreement can help you solidify the item’s status as personal property, retaining your ability to pass it down to your oldest child regardless of the state of your marriage.
Homework for Children with Two Homes
As the new academic year gets underway, recently divorced or separated parents may be dealing with certain issues for the first time. You may feel embarrassed going to meet with your child’s teachers, letting them know that this year might be a little rocky as you all adjust to a new post-divorce dynamic. Depending on your relationship and the circumstances of your split, your ex-spouse may be fully invested in helping your child minimize distractions and to make the most of the new school year. A cooperative approach is always preferable to contentiousness and, together, there are some steps the two of you can take to make your coparenting situation work.
Communicate
Above all else, the relevant people involved with your child’s education must be able to communicate with one another. Of course, you should be able to maintain an open dialogue with the other parent, but it is also important to communicate with teachers and administrators. More than just telling teachers that your child might have a rough time, take the time to talk with your child’s teacher. Be willing to accept feedback and professional opinions. Chances are, the teacher has dealt with shared custody situations before and may be equipped to quickly identify areas of concern. Additionally, if you, the other parent, and educators are all on the same page, your child will be less likely to "forget" about an assignment or to succeed at hiding poor performance.
We Are Getting Divorced and My Spouse Is Spending All Our Money!
Once a couple has decided to separate or divorce, there will obviously be some expected costs. Often, the separation period currently required under Illinois law will force one spouse to find a new place, incurring expenses for rent, utilities, and day-to-day living. You and your soon-to-be ex may also spend money on counseling services, legal fees, and other incidentals, in preparation of or in reaction to the process of divorce. Sometimes, however, one or both spouses will use marital funds for other purposes while the dissolution is pending, which may be considered dissipation, depending on the circumstances.
Dissipated Assets
The American Academy of Matrimonial Lawyers defines dissipation as "the use of marital property or funds for the benefit of one spouse for a purpose unrelated to the marriage." The caveat is that, in order to be dissipation, such use must occur while the marital relationship is irreconcilably breaking down, or after it has broken down completely. For example, a spouse in the midst of an otherwise healthy marriage who spends money on a lavish vacation with his or her friends may be guilty of misusing family money, but not dissipation. That same vacation taken as the marriage is falling apart may, in fact, be dissipation.
My New Spouse Wants to Adopt My Children
In today’s world, blended families are becoming increasingly common. For some, it may be the result of a remarriage, while others are waiting longer to get married for the first time. Whatever the case, a marriage involving children from previous relationships can be both extremely challenging and very rewarding. What happens, however, when your new spouse expresses interest in pursuing the adoption of your child?
Why Adoption?
When you chose to marry your new spouse, you probably gave a great deal of thought to his suitability as a stepparent. Like most parents, you probably consider your child’s happiness and best interests in virtually every decision you make. Hopefully, the transition to a new parental situation has been a positive one for your child and his or her relationship with your spouse is becoming stronger every day. A stepparent bond does not require adoption to be effective; it is based on human interaction, trust, and mutual love.
"Life is Short" but He May Be Telling the Truth
Headlines around the world are ablaze with news of a data dump including the hacked information of some 37 million people. The accounts are associated with subscribers of Ashley Madison, a website that advertises itself as a forum to connect married users looking to have an affair. Email addresses found among the hacked data have been linked to TV personalities, politicians, and military personnel, along with countless private citizens. The exposition of Ashely Madison’s subscriber lists has forced many couples into unexpectedly dealing with allegations of infidelity, and probably have some already considering divorce. Before making any rash decisions, it is important to realize that your spouse may not be lying about his behavior.
Look But Don’t Touch
Moving In with a New Partner May Terminate Spousal Maintenance Eligibility
If you are divorced or are in the process of getting divorced, it is understandable that you might feel lonely and desire the companionship of a romantic partner. New relationships are exciting and often rejuvenating, especially for an individual coming out of an unhappy marriage. However, if you are receiving spousal maintenance or have asked for maintenance in your divorce, it is important to understand the potential impact of a new relationship, especially if you are considering moving in together.
Spousal Support
The law in Illinois recognizes that, after a divorce, it is sometimes necessary to assist a lower-earning spouse in regaining his or her independence. Based upon a consideration of a number of factors related to the marriage, a court may order one party to provide spousal maintenance to the other for a period of time—or permanently, if the marriage was long enough. The specific calculations are expected to follow a standard set forth in the law, but the original determination of necessity is left to the court.
Property Division in Divorce: I Get Half of Everything, Right?
The short answer to that question is no. More accurately, the answer is not necessarily. Dividing property during divorce is a bit more complicated than simply splitting the marital estate in half. In fact, the word "half" does not appear anywhere in the statute governing the allocation of assets in the state. Instead, Illinois law is based on the principles of equitable distribution which look to justly allocate marital property based on the consideration of a number of factors.
Community Property States
The basis for most people’s assumption of splitting property in half is the community property concept currently in place in nine states, including Wisconsin, California, and Texas. These principles maintain that, in marriage, both partners equally own all marital assets and that each is entitled to half upon divorce. This applies regardless of employment considerations, contributions to the marriage or family, or any other seemingly relevant concerns. In many cases, spousal maintenance or alimony awards are used to compensate for such considerations.
Separation Requirement Reduced for No-Fault Divorce
Beginning in 2016, the family law landscape in Illinois is set to change rather dramatically, as a sweeping new law goes into effect on the first of the year. The new legislation, signed by Governor Bruce Rauner last month, amends a number of provisions in the law pertaining to divorce, child custody, parental relocation, and other family-related concerns. Over the next few months, as details of the new law become clearer, future posts on this blog will address some of the various expected impacts.
"Separate and Apart"
Among the most significant changes offered by the new measure is the drastic reduction of the required separation period for a no-fault divorce. Under the current provisions in the Illinois Marriage and Dissolution of Marriage Act, a divorce on the grounds of irreconcilable differences—colloquially known as no-fault divorce—may not be granted unless the parties "have lived separate and apart for continuous period in excess of 2 years." By mutual agreement, the separation may be reduced but may not be less than six months.
Harmful and Helpful Technological Impacts During Divorce
When you are going through a divorce, there are many seemingly minor considerations that could have far-reaching consequences. One of these is the increased use of social media. According to Jeff Landers, certified divorce financial analyst and Forbes contributor, social media can have unforeseen ramifications for your divorce, especially in complex or high-asset marital dissolution. "Even if he’s blocked you from seeing his posts directly, your mutual friends can still tell you all about the ski trip he took to Switzerland with his girlfriend a week after claiming he couldn’t afford to pay spousal support," Landers said as an example. It is also vital to be aware that not every online "friend" is an ally, and even the most innocent posts can be seen and easily misinterpreted in a damaging manner.
Considering a Divorce in Illinois? Important Questions to Ask Yourself
Thinking about ending your marriage can be a devastating undertaking. Your marriage vows promised that both of you would commit your lives to each other. However, one day you may realize that you are unhappy in the marriage, or not able to connect with or find joy in being with your partner. It is important to remember that you are not a failure; people change as they develop in their careers and other parts of their life. In some cases, one partner’s actions can damage the marriage beyond the hope of reconciliation. Sometimes, the healthiest option for both parties is to consider a divorce.
Emotionally Healthy Living Environments Are Important for Children
Although staying together for the children is a tempting reason to remain married, this can lead to stressful interactions and potential bitterness among family members. Living in a family environment that harbors shouting, hostile feelings, and manipulation on a regular basis is extremely damaging to both the adults and children involved. In situations where domestic violence is present (physical, emotional, sexual, or psychological abuse, financial manipulation, etc), it is critical to seek help immediately.
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