Posted on April 23, 2014 in Main

There are two "dueling" bills currently pending in the Illinois legislature that relate to divorce and parenting time (otherwise known as visitation). The passage of one of the bills, House Bill 1452, would introduce sweeping changes to the Illinois divorce laws. The other bill, House Bill 5425, focuses only on setting new standards and presumptions for parenting time for non-custodial parents.

Although there is not one single "standard" visitation schedule for non-custodial parents, a common default arrangement gives a non-custodial parent visitation every other weekend and one or two evenings for dinner during the week. Many in the family law profession believe this default schedule needs to change. In 2008, the Family Law Study Committee was formed to address proposed changes to Illinois divorce law. Members of that committee included family advocates, attorneys, and members of the legislature. Their recommendation was that giving both parents equal parenting time is often in the best interest of the children and, therefore, Illinois law should reflect that idea.

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 Posted on March 23, 2014 in Main

In 2012, the number of individuals in the United States who filed for divorce rose for the third year in a row. All three of those years were following a major recession, perhaps indicating a link between economic improvement and the number of people seeking a divorce.

Though bad news for those who do not want a divorce, the upswing in the number of people filing for divorce could be an indicator that peoples' personal financial situations are improving—meaning, those who file for divorce now have the ability to pursue a divorce where perhaps previously poor finances would have prevented them from filing.

When the economy is in a recession, and especially when unemployment numbers are up, people tend to avoid potentially costly big life changes if they can. And it's not just the legal fees people are trying to avoid; for example, couples who want to divorce often have property that should be listed for sale. In the midst of a bad housing market, these couples might decide it simply doesn't make sense to divorce and split finances when they could wind up losing value on their property.

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 Posted on March 17, 2014 in Main

Mediation is a useful tool for all divorcing couples to help resolve issues related to the divorce outside of the courtroom. Mediation may have some added benefit, however, for Jewish women who are able to obtain a divorce in civil court, but who may be denied (by their husbands) a Jewish religious divorce , known as a "get." According to the Huffington Post, this problem is becoming a crisis for Jewish women whose husbands refuse to allow a get. By utilizing mediation, however, women may be able to obtain both a civil and religious termination of their marriage. There are several reasons why the use of mediation may be a better alternative for women potentially facing this issue.

To start with, mediation can remove the potential for courtroom drama, which could cause an Orthodox religious man to feel embarrassed or that he is being treated unfairly (which could be reasons for denying a get). Additionally, instead of focusing on the civil litigation aspect of ending a marriage (which can cause anger, frustration, and resentment), mediation allows for the possibility of more creative solutions, tailored for the parties and created by them rather than by strangers. Having more control over life post-divorce through creative mediation settlements can also reduce some of the tension between a divorcing couple, allowing them to find more common ground. All of this could lead to a husband being more open to the idea of a get than by simply pursuing civil litigation alone.

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 Posted on February 07, 2014 in Main

"Let cooler heads prevail with these men and women who work for the cause with all their hearts, with cool heads and skilled hands will master every fate" – Gustav Krupp.

Perhaps this German diplomat from the late 19^th Century was onto something. In today's parlance, this phrase is known as simply: "don't lose your cool."

For couples facing divorce, this should become each party's daily mantra, though it's certainly easier said than done. The divorce process is such a powerful, emotional experience that it is often equated to the experience of the death of a loved one. Such an experience could evoke an overload of emotions that come bubbling to the surface. There are ways, however, to ensure that you do not lose your cool and "let cooler heads prevail."

Step 1: Set Realistic Expectations for Family and Friends

A divorce not only means the final division of assets and property, but also the division of family and possibly friends. It is important to keep in mind that you are likely not the only one experiencing anxiety over the dissolution of your marriage. Therefore, don't feel offended or betrayed if not everyone you know is your personal cheerleader. Be forgiving and take comfort that those standing by your side at the end—and there will be friends and family standing by your side at the end—truly believe in you and love you.

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 Posted on January 29, 2014 in Main

Remarrying after a divorce can be a challenging endeavor; this is even more so when you also have children from that previous marriage. Readjusting to a new life and lifestyle after a divorce is difficult for both parents and children. Adjusting to the idea of a parent remarrying, however, can be particularly difficult and traumatic for children.

According to the American Psychological Association(APA), children can begin to feel competitive or even abandoned as their parent begins to spend more time with a new spouse. Teenagers may feel uncomfortable witnessing romantic gestures or expressions of physical attraction between their parent and a new stepparent. Therefore, parents have to be careful to balance the relationship with their children and the relationship with their new spouse.

Additionally, stepparents face the numerous challenges presented by caring for children that are not their own. This is particularly so with younger adolescents (ages 10-14), as this age group tends to have a more difficult time adjusting to a stepparent than children in other age groups. The APA suggests that stepparents attempt to bond with their spouse's children in a friendly manner (akin to a camp counselor or mentor) before attempting to become a disciplinarian with them.

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 Posted on January 24, 2014 in Main

Regardless of when you file for divorce, your tax status—whether you can file jointly with your spouse or must file individually—depends on your marital status as of the last day of the year (December 31). For example, if you have filed for divorce but are still legally married on December 31, you can file a joint return with your spouse for that year; if, however, you have officially divorced as of December 31, you can no longer file jointly for that year. Wherever you are in the separation process, there are a few things to keep in mind to relative to filing your taxes.

Filing Jointly

Filing returns jointly usually provides a benefit to spouses, as it usually leads to a lower tax liability. For this reason, spouses often file jointly (even if they are going through the divorce process). However, according to the Internal Revenue Service, both spouses are jointly and individually responsible for taxes, penalties, and interest due on any joint tax return filed for a year that ended before your divorce. This rule applies even if a divorce agreement states that a former spouse is responsible for these amounts (in other words, the IRS is not bound by an agreement entered in a family court). However, a spouse may be able to file for relief from IRS liability. There are three types of relief:

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 Posted on January 07, 2014 in Main

Divorce has many serious and far-reaching consequences, many of which are well-known: changing the make-up of a family home, altering the amount of time children spend with parents, etc. One area people may not consider, however, is the effect a divorce can have on a family-run business.

The first step in protecting a family business interest is to draft a quality pre-nuptial or post-nuptial agreement which addresses the way a business will be divided in the event of divorce. These types of agreements can include clauses that define and control how businesses are valued. For example, if the business increased in value during the marriage, that profit could be shared by both spouses. But if the agreement states that premarital property (in this case, the value of the business) retains its character, then that profit would not be divided and would remain the non-marital property of the owning spouse.

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 Posted on December 22, 2013 in Main

As more women take on roles outside the home than ever before, female breadwinners are becoming more common in U.S. families. While this is certainly something to celebrate for those women who are increasing their earnings and career potential, it is also creating some unique challenges for the modern family. The Pew Research Center recently published findings showing that women are now the primary breadwinners in 40 percent of families—a dramatic difference from 11 percent of families in 1960. This change in income dynamics can cause conflict, arguments between spouses, and even a higher likelihood of divorce.

Some research has identified that divorce rates are higher—up to perhaps even 50% higher—for couples where the female out-earns her male partner. Certainly, gender roles in the home are changing as some families make the decision that the male will stay at home and care for the house and any children. Some couples may find the change of pace refreshing, flexible, and accommodating; on the other hand, this arrangement may be difficult for particular couples to adjust to and may bother certain partners. Women can potentially feel overloaded with responsibility, and can be made to feel as though they must choose between their family and their career. Men may potentially feel threatened by a female partner who earns more money and resent her position. These stressors can cause arguments and disagreements between spouses and can cause serious conflict in a marriage.

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 Posted on December 13, 2013 in Main

Facebook now boasts over one billion users worldwide, and Twitter hosts more than 50 million tweets per day. In an age where so much information is shared online, and with so many potential ramifications because of that outpouring of information, it is of the utmost importance to maintain some privacy if you are considering filing for divorce.

Information that you or your spouse post on Facebook, Twitter, or other social networking websites may be discoverable and used as evidence in divorce proceedings. Because of the sheer volume of information we've started to share online, the amount of information that can be used against you or your spouse is potentially quite vast. This can include information or documentation relating to drug or alcohol use, romantic involvements, information on new partners, negative comments about a spouse, money and other assets spent on affairs, documentation of how assets are being used, and even potential evidence of hidden assets. All of this information can have a significant impact on a divorce case. In a study from the American Academy of Matrimonial Lawyers, the organization found that 80 percent of surveyed lawyers used Facebook data in preparing divorce cases, and 66 percent considered Facebook the most important source of evidence in divorce cases.

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 Posted on December 05, 2013 in Main

Family law practitioners often encounter couples who have been living separately for quite some time without either party having started the process of filing for divorce. These long-term informal separations can last for years, but not only do they have no legal basis (only a formal legal separation is recognized in Illinois), they can also have serious financial implications for the parties. While living separately without going through the formal divorce process may seem like a good idea at the time, and may be the "easiest" route for a couple and their family, these long-term separations can have disastrous financial effects. In determining whether to take the plunge and begin the divorce process, it is important to keep in mind the following:

1) Control over marital assets.

If you are living apart from your spouse, you may not have control over some of the marital assets or debt. For example, you may not know what your spouse is earning, how money is being spent or invested, or what debts are being incurred by that spouse. Furthermore, Illinois is an equitable distribution state. This means that the marital assets and debts are equitably (i.e. "fairly") distributed between the parties, without regard to marital misconduct. Courts consider a wide range of factors when distributing debt. Hence, if you have any joint debt with your spouse, you could potentially be held liable for any additional debt accumulated during your separation. You also may not have any control over the use of marital assets and any decrease in value of these assets, which may affect your property distribution when you finally do divorce.

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