Posted on December 29, 2016 in Divorce

It is not unusual for spouses to argue about child visitation rights as part of a divorce settlement. But what about pets? After all, many couples consider their dogs, cats, and other animals to be “members of the family.” It stands to reason, then, that custody of pets, including visitation rights, could be a matter for a divorce court to resolve.

Canadian Judge Says Dogs Are the Not the Same as Children

Unfortunately for animal lovers, that is not how the law works in most places. A judge in the Canadian province of Saskatchewan was recently asked to award custody of two dogs in a contested divorce. The husband offered to split custody—each spouse would take one—but the wife wanted to keep both.

Before the Court of Queen's Bench, Saskatchewan's trial court, the wife proposed what the judge described as “an interim custody” order granting the husband limited visitation rights with the dogs. The wife effectively wanted the judge to treat the dogs as if they were children. The judge said this idea “holds absolutely no attraction for me.” Noting that dogs are “wonderful creatures,” when “all is said and done, a dog is a dog.” Under Saskatchewan law, dogs are property, no different in legal status than, say, furniture. The fact that the parties in this case, who did not have children, had “lavished their natural love and affection on these pets” did not convert the dogs into the legal equivalent of human children.

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 Posted on December 27, 2016 in Child Custody

Fathers' rights are a critical issue for many Illinois men, especially with respect to questions of child relocation. When one parent tries to move a child out-of-state without the other parent's consent (or knowledge), it may be necessary for the other to seek a court order to protect their own parent-child relationship. Even when the mother has legal and physical responsibility for the child, Illinois law can still protect a father's interest in maintaining an active role in the child's life.

Court Says Five-Month “Visit” Established Child's Residency

A recent case from here in DuPage County illustrates how the courts can protect father-child relationships. In this case, two unmarried parents have a five-year-old child. The mother has custody. She lives in North Carolina, but in October 2013, the mother allowed the child to stay with the father's parents in Illinois while she underwent a minor surgical procedure. The father, a member of the United States armed forces, was on active duty during this time.

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 Posted on December 22, 2016 in Child Custody

Many people choose to change their name following a divorce, either to go back to their premarital last name or to adopt the surname of a new spouse. Illinois divorce decrees typically contain language authorizing a spouse to resume use of a maiden name. But even if the spouse does not wish to immediately change their name following a divorce, they are typically free to do so later by petitioning an Illinois court.

If an ex-spouse also wishes to change the last names of their children, however, the law is a bit more complicated. A judge will only approve such a name change if it is in the child's “best interest.” Illinois law specifies a number of factors the court must consider in deciding a parent's application to change their child's name:

• Does the other parent or person with “physical custody” of the child approve?

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 Posted on December 20, 2016 in Divorce

In an Illinois divorce, the general rule is that all property acquired by either spouse during their marriage is considered “marital” property and therefore subject to equitable division. With very limited exceptions, it does not matter how the property was acquired or titled. Unless there is a specific arrangement between the parties (such as a prenuptial agreement), a court will look to when the property was acquired to decide whether it is, in fact, marital property.

Wrongfully Convicted Man Ordered to Share Settlement With Ex-Wife

Sometimes, figuring out “when” certain property was acquired is not obvious. For instance, an Illinois appeals court recently had to decide whether the proceeds of a lawsuit settlement constituted marital property. Normally, any type of personal injury claim that arises during a marriage is considered marital property. In this case, however, the facts giving rise to the lawsuit actually predated the marriage.

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 Posted on December 15, 2016 in Child Custody

When an Illinois court issues a judgment regarding child custody arrangements, both parents must abide by the judge's decision. If a parent is dissatisfied with the terms of the order, he or she must pursue a legal avenue for seeking to amend the decision. A parent must never try to circumvent a child custody order by taking actions designed to undermine the rights and responsibilities of the other parent.

Mother Loses Custody After Making False Abuse Allegations Against Father

Indeed, such actions can backfire, as a recent Illinois appeals court decision illustrates. This case involves a divorced couple with three young children. Six years ago, an Illinois circuit court issued a custody order giving the mother “sole custody” while granting certain visitation rights to the father. The custody order further required the mother to “consult” with the father regarding “major health and education matters” affecting the children.

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 Posted on December 13, 2016 in Same Sex Marriage in Illinois

Same-sex marriage has been legal in Illinois since 2014. Of course, many same-sex couples cohabited for years, even decades, prior to this change in the law. The Illinois Supreme Court recently addressed whether unmarried same-sex couples who ended their relationship prior to 2014 could enforce “marriage-like” rights with respect to the division of property.

Supreme Court Rules Cohabiting Partners Cannot Assert Common-Law Marriage Claims

The plaintiff and the defendant in this case were in a long-term domestic partnership from approximately 1981 until 2010. The couple co-owned their home. After the relationship ended, the plaintiff moved out and sued the defendant, seeking a “fair division and partition” of the property. The defendant filed a counter-claim, alleging she and the plaintiff had a relationship “identical in every essential way to that of a married couple,” and accordingly sought division of the couple's property based on the same principles as Illinois divorce law.

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 Posted on December 08, 2016 in Asset Division

A common issue in military divorces is determining the non-military spouse's share of any pension benefits. For example, members of the armed services participate in a survivorship benefit plan. Under federal law, former spouses are not entitled to a survivor benefit unless the military spouse makes a voluntary designation of benefits or an Illinois court orders such a designation as part of a divorce decree.

Court Rejects Wife's Appeal Over Husband's Military Benefit

Military survivorship benefits are not divisible. This means that if a court orders a military spouse to name an ex-spouse as beneficiary, he or she cannot split the benefit with any future spouse. Survivorship benefits are therefore an “all-or-nothing proposition,” according to an Illinois appeals court that recently addressed such a case.

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 Posted on December 06, 2016 in Asset Division

Although child custody is often the most contentious issue in an Illinois divorce, in some cases, it is a family business that causes the most headaches. When the divorcing spouses work together in the business, it can be especially difficult to amicably untangle the professional relationship. The spouses may not even be able to agree on fairly basic issues such as how much the business is worth.

Court Rules Husband Entitled to New Hearing on Business Worth

Here is a recent example. A married Illinois couple started a painting business. They incorporated the business with the wife having 51 percent ownership, with the husband controlling the remaining 49 percent. At the time divorce proceedings began, she was the corporation's president, and the husband served as chief financial officer.

Initially, the couple used collaborative law to resolve their issues without the need for litigation. When this process failed, the wife sued for divorce. In her capacity as president of the business, she also placed her husband on paid “administrative leave.”

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 Posted on November 30, 2016 in Divorce

If you are considering divorce mediation or anticipate being ordered to attend mediation during your divorce proceedings, you may have questions about exactly how mediation is structured. Your experienced divorce attorney in DuPage County can explain the entire mediation process and how it may impact your divorce.

How is a Divorce Mediator Chosen?

In Illinois, either the parties may select a court-approved mediator from a list provided by the court, or the judge can choose the mediator if the parties are not able to reach an agreement. In either situation, the mediator must be adequately trained and certified by the court.

Our experienced divorce attorneys are familiar with the process of selecting skilled mediators based on their qualifications and history with the court system in DuPage County. Because mediators differ in their facilitation styles and methods, it is important to work with a qualified family law attorney who can help you select the right mediator for your case.

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 Posted on November 24, 2016 in Asset Division

Illinois is considered an equitable distribution state when it comes to dividing marital property. This means that the court is most concerned with making sure the division of property between ex-spouses is considered fair and just, not necessarily equal.

While splitting all of the marital property equally—as is done in community property states—may seem to be fair on its face, this method can actually disadvantage one party, depending on the details of the family's particular situation. Rather, the Illinois law requires the court to consider the whole picture when determining what is fair and decide property division on a case-by-case basis.

If you are going through a divorce in Illinois or are considering filing for divorce, it is important that you understand just how marital assets may be allocated. Your experienced DuPage County family law attorney with our firm can take a look at the marital assets and liabilities that you and your spouse maintain and make arguments and recommendations to the court regarding how the relevant factors ought to be interpreted given your specific circumstances.

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