Posted on August 18, 2015 in Divorce

Part of any attorney’s job is educating his or her client about the law. When clients first retain an attorney for any legal matter, they often have misconceptions about the court system and legal process. If a lawyer allows his or her client to hold onto these misconceptions and does not correct them, the client may end up feeling frustrated and may lose confidence in his or her attorney. Divorce and family law are no different. Many clients who retain an attorney have had a friend or family member who experienced a divorce and who shared with the client stories about the process. This, in turn, results in clients who have false beliefs and expectations about the divorce process. The following includes some of the most common misconceptions about divorce in Illinois:

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 Posted on August 13, 2015 in Asset Division

No one will argue with the assertion that divorce is a stressful time. Part of what makes the process so nerve-wracking is that you often have little concrete evidence that your ex-spouse is treating you fairly and respecting the rules of the court. And while there are some divorcing spouses who flagrantly ignore court orders and clearly indicate they have no desire of following the law, it is more common for ex-spouses to attempt to covertly manipulate the process so as to disadvantage the other spouse. One popular means by which one ex-spouse attempts to get an advantage over the other spouse is through "hiding marital assets" he or she may have in his or her possession. By either failing to list certain property on required disclosures or by affirmatively representing to the court and to you that he or she no longer has certain valuable property, the ex-spouse is hoping to gain a larger share of the marital assets when they are divided.

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 Posted on August 11, 2015 in Child Custody

There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.

There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody on the other hand is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.

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 Posted on August 06, 2015 in Divorce

As annoying as growing up in a family full of siblings can be, people with good marriages may just owe their brothers and sisters a thank you. A sociology study published by researchers at the Ohio State University has found that there may be a link between having more siblings and having marriage that is less likely to end in divorce.

In order to come to this conclusion, the researchers used data from the General Social Survey, which records information based on interviews with 57,000 U.S. adults. The researchers examined several generations, using study data from 1972 to 2012.

The Study's Findings

The study's authors found that a person's risk of divorce drops two percent for each sibling he or she has. However, this trend only continues up to about seven siblings before the divorce risk levels off. This is especially interesting because it means that only having one or two siblings does not significantly change a person's divorce. Instead, what really matters are the shifting family dynamics that occur with larger numbers of siblings.

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 Posted on August 04, 2015 in Child Custody

There has been an increasing push for child custody laws across the country to be reformed so as to ensure children get equal time with both parents. This movement was in part supported by recent studies indicating children do best in divorced households where they spend time living with both of their parents.

There are two types of custody: joint and sole custody. Sole custody means only one parent makes all of the decisions related to the child. Joint custody, on the other hand, is granted only if both parents can show they have the ability to cooperate consistently on issues that directly affect the child. Typically speaking, one parent is labeled as the custodial parent and they are the one with whom the child primarily resides.

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 Posted on July 30, 2015 in Child Custody

Any divorce involving children is exceedingly challenging and emotionally charged, but when a divorce involves disabled or special needs children, the stakes become much higher. The term the “best interests of the child” – one which is used in Illinois – becomes all the more paramount. As such, the approach to a divorce proceeding requires a more nuanced and open-minded touch because the needs of a disabled child will change the calculus and focus of the judge. There are four critical issues that must be addressed with when a divorce involves children with disabilities.

Critical Issues to Consider

The first issue that must be addressed involves visitation agreements and the transition between homes. Typically, in situations involving joint custody, parents alternate weekends or have visits scattered throughout the week. In the case of children with disabilities this may not be the appropriate approach depending on their physical and mental limitations. Changes to a daily routine can be exceedingly problematic for children with mental disabilities because it can be very disruptive and stressful. For example, even something as minute as a different lunch time or babysitter can be very disruptive to a child with autism or similar conditions.

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 Posted on July 28, 2015 in Asset Division

Dealing with the marital home is one of the biggest pieces of the property division process. It is likely a significant portion of the marriage's assets; it is a complicated, unique piece of property that can be tough to price; and it often comes with a lot of emotional investment on both sides. Many spouses fight tooth and nail to keep their home in the divorce, but a report by Forbes highlights the fact that this is not always a good idea. While there may be legitimate reasons to fight for the marital home, people should go in with their eyes open about the true costs.

Reasons to Keep the Marital Home

Most people who want to keep the home do it for at least one of two reasons. First, they are worried about the kids. Divorce can be difficult for children, and the added stress of moving to a new, likely smaller, home and maybe even a new school can make it harder on them. Conscientious parents often fight to keep the house, so that they do not disrupt the kids’ lives more than necessary. Second, the pure emotional value of the home makes people want to keep it. Many people have grown attached to their houses. They made lives in them, raised families in them, and maybe even put work or money into rebuilding or remodeling them. This is a difficult issue. On the one hand, these are reasonable, valid feelings to have, and if the home is that important, it may make sense to fight for it. On the other hand, these emotional issues often blind people to the cost of keeping the home.

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 Posted on July 23, 2015 in Asset Division

 Divorces, no matter the income level, can become very ugly very quickly. This is especially true for high value or high asset divorces in part because there is more room for mistakes. When a couple is attempting to divest various assets and properties, the more on the list, the greater the confusion, tension, and risk.

Common Mistakes

The first and most common mistake made by couples engaged in such a divorce is failing to properly account for all of their assets and liabilities. It is extremely important you take the time to list all of your assets and liabilities. While this may be a time consuming process, it will benefit you during the divorce proceedings. This way, you can account for all of the assets to which you may be entitled and you can account for any debts that may exist.

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 Posted on July 21, 2015 in Divorce

With the recent Supreme Court decision upholding vital components of the president’s Affordable Care Act, it is timely to review how health insurance coverage factors into divorces.

The Illinois Spousal Continuation Law is the state statute designed to protect a spouse and dependent children who lose group health insurance coverage due to death or retirement of the employee, or divorce from the employee, through whom they received coverage (i.e. the other spouse). It applies to Illinois group insurance and accident health plans offered to employees regardless of the size and to fully insured Illinois HMOs. It, however, does not apply to those who are self-insured employers or are part of self-insured health and welfare benefit plans (i.e. union plans). The Act is triggered when the individual holding the insurance divorces his/her partner, but the partner and dependent children were covered by the insurance plan prior to the petition for a divorce being filed.

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 Posted on July 16, 2015 in Child Support

Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.

Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."

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