Posted on October 13,2014 in Child Custody

One of the central issues of any divorce is that of child custody. However, despite its importance to everyone involved, many people do not fully understand the different types and components of custody. For instance, the Illinois Marriage and Dissolution of Marriage Act allows for either joint or sole custody.

These two types of child custody relate to whether one or both parents have custody of the child, and they cover related issues like shared parenting time. Beyond this distinction, the law actually recognizes two different types of custody, physical custody and legal custody. Each of these two different types of child custody are important because each provide different rights with respect to the child.

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 Posted on October 09,2014 in Same Sex Marriage in Illinois

On Monday, October 6th, the United States Supreme Court rejected petitions from five separate states requesting that the Court make a final ruling on the issue of same-sex marriage in the United States. This decision is a victory for same-sex marriage advocates since the petitions were appealing five appeals court rulings upholding same-sex marriage in Indiana, Wisconsin, Oklahoma, Utah, and Virginia. This rejection surprised many experts who were expecting the Court to take at least one of these cases, possibly to issue a final decision on same-sex marriage, especially since the Court had issued a stay preventing these marriages from going forward while it deliberated. With these petitions denied, marriages in these states can now go forward.

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 Posted on October 06,2014 in Uncategorized

Ordinarily, divorce proceedings are handled in a single hearing. This means that there is a single proceeding in which the court both enters an official judgment dissolving the marriage and settles issues like property division and child custody. However, there are certain circumstances under which the court can hold two separate hearings, one to dissolve the marriage officially and another to settle the practical issues like property division. These sorts of proceedings, known officially as bifurcated judgments, are allowed under Illinois family law 750 ILCS 5/401(b). Yet, the law only allows for these sorts of split judgments under a limited set of circumstances, and even when they are allowed, they come with a set of pros and cons that need to be weighed.

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 Posted on September 29,2014 in Divorce

Stay at home parents can face unique disadvantages in divorce, despite the fact that, according to U.S. Census data, there are tens of millions of stay at home parents taking care of children across the country. Stay at home parents often run into trouble following a divorce because they chose to give up careers to take care of their families. However, this can leave them without options to support themselves after the divorce.

In the past, this was less of an issue because permanent alimony was more common, but recent changes to the law have made temporary alimony a more likely outcome. Such alimony is designed to allow the stay at home spouse time to get back on their feet and reenter the workforce.

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 Posted on September 24,2014 in Divorce

There is a new trend in family law aimed at protecting people's relationships with their pets. Prenuptial agreements related to pet custody are now being referred to by some as "pre-pups." These new agreements stem from a variety of factors. First, many are choosing to marry and start a family later in life. As a result, couples are embracing a joint pet as a stepping stone along that path.

However, according to a CBS report, this new trend is causing pet owners, overwhelmingly dog people, to try and protect their relationship with their pets once the relationship with their significant other ends. Second, the law treats pets as personal property for the most part. This means that shared custody and visitation—ideas that were developed for children—do not have legal relevance to pets. Hence, people need to make private agreements to mimic those ideas.

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 Posted on September 19,2014 in Divorce

While everyone acknowledges that divorce can be difficult on children, new research reveals that a family's income level may play a role in just how much children are affected by divorce. A new study by researchers at Georgetown University and the University of Chicago, and being published in the journal Child Development, posits that young children of wealthy families may be more adversely affected by their parents' divorce than similarly situated children of less well-off parents. The study's authors did not focus on the causes of the difference, but they did put forward several theories.

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 Posted on September 15,2014 in Illinois family lawyer

When people discuss cohabitation, they often focus on young couples who have moved in together as a step before marriage or similar couples who think marriage is unnecessary. However, there is a new demographic now entering into cohabiting relationships with more and more frequency: senior citizens. In fact, according to U.S. Census data reported by The Washington Times, the number of cohabiting seniors has nearly doubled from 2000 to 2008, rising from 1.2 million to 2.2 million.

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 Posted on September 12,2014 in Divorce

Divorce is a stressful and emotionally trying time for any couple, but it can have added layers of complexity if one or both of the spouses owns a business. If spouses are not aware of these extra wrinkles heading into the process, then they can make for an unfortunate surprise when going through divorce. A recent case involving the divorce of an Oklahoma oil and gas magnate highlights some of these issues.

First, there is the issue of valuing a company for the purposes of division. This will require experts to come in and testify as to the company's worth, and may require expensive financial analysis. The second major issue that business owners face is the loss of control of their company in a divorce. If they are forced to cede equity to their former spouse, or if they are forced to sell their equity interests because they need the cash, they may find themselves without a controlling stake in the company.

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 Posted on September 09,2014 in Child Custody

Service members in the U.S. military often experience extra strain on their marriages due to the stress of military life, especially during long deployments. Research by the RAND Corporation reveals that the military divorce rate exceeds the civilian divorce rate, and the risk rises higher with each successive deployment. However, a recent child custody case in Washington state revealed that the issues with divorce and deployments do not end once the divorce decree is finalized. A naval service member was issued a warrant for his arrest when he failed to show up for a custody hearing that his ex-wife had scheduled while he was deployed.

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 Posted on September 06,2014 in Divorce Trends

Many people who want to lower their divorce costs end up focusing on their legal fees. While this is a good strategy, and efficient use of attorney time can definitely result in a cheaper divorce, people often miss out on other parts of the divorce process that they can use to control costs. A study by the British insurance agency Aviva found that many people end up spending extra money on luxury items and other lifestyle costs as a result of going through a divorce. Paying careful attention to these sorts of line items on a household budget can often be another way that people going through a separation can save money.

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