Posted on June 09, 2017 in Divorce

Rarely does one single issue or event push a spouse to file for divorce. Usually, divorce comes as problems pile up over time until, one day, the couple realizes the marriage cannot continue. The typical slow buildup to divorce does not mean that some issues are not more pivotal than others or that one overarching problem was the main catalyst,. Yet do the reasons behind the decision to end a marriage have any effect on the outcome of the divorce case?

Illinois is a no-fault divorce state that means that all a spouse must claim in the divorce petition in order for a Court to dissolve the marriage is that irreconcilable differences led to the breakdown of the marriage. While no particular grounds are needed to justify divorce, this does not mean the Court will not look at the specific behavior of a spouse when evaluating the appropriate provisions of the final divorce order, especially as it concerns property division.

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 Posted on May 26, 2017 in Divorce

Any couple that enters the divorce process must contend with the fact that their marriage is over, and the image they had of the relationship is over. Regardless of the specific circumstances that led to the decision to dissolve the marriage, divorce typically requires the parties to address certain basic issues.

However, some couples present unique circumstances that have a direct and significant effect on the proper approach to divorce itself and the specific issues that are likely to be contentious. Couples with high net worth, especially, fall into the category of individuals who need a specific and personalized strategy to make the divorce process as streamlined and effective as possible.

Couples with considerable wealth have a lot to lose due to the complex and unique financial issues they bring to such cases. If divorce cases of this kind are not properly handled, the need for additional costly litigation is greatly increased. By focusing on the correct issues, however, all areas of disagreement can be satisfactorily settled within the initial divorce petition.

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 Posted on May 19, 2017 in Child Custody

Raising a child requires both parents to compromise on key issues that form the basis of the child's core values. Even parents who have similar child-rearing philosophies are bound to have areas of disagreement. Education, medical care, extracurricular activities and friends are all areas in which parents are apt to conflict. However, one matter that has the potential to provoke the strongest reaction is religion. Navigating this issue as part of divorce and child custody decisions can be difficult, especially if each parent subscribes to a different religious practice.

As more people now appear to be entering into inter-faith marriages, legal resolution of disagreements over a child's religious upbringing may become more common if these marriages end in divorce. The recently announced divorce of Janet Jackson from her husband of four years is one example of a divorcing couple in this situation.

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 Posted on May 12, 2017 in Division of Property

Avoiding the stress that accumulates prior to and during a divorce is not possible for most individuals. The issues surrounding divorce are sensitive, personal and have significant long-term implications that often overwhelm one's attempts to keep his or her emotions in check. Property division, especially among couples with substantial assets, is one of the more complex and contentious areas in divorce proceedings.

Disputes are particularly more likely if one spouse is the primary income-earner and controller of the assets. In this situation, the other spouse may have concerns about the concealment of assets in an effort to keep a spouse out the divorce settlement. The concealment or intentional omission of assets potentially subject to division in divorce will have serious financial consequences for the deceived spouse, and must be aggressively investigated if such action is suspected.

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 Posted on May 05, 2017 in Divorce

In legal terms, divorce is the dissolution of a marriage prior to the death of either spouse. In Illinois, a divorce can move through the legal system as either contested or uncontested.

A contested divorce occurs when there are issues to settle between the parties, such as child custody and spousal maintenance. Typically, contested divorces take more time and may require the use of outside resources to resolve the disputed matters. Uncontested divorce, by contrast, occurs when spouses settle all issues privately and seek formal approval of the agreement from the Courts. Uncontested divorces, because the procedure is more or less a ratification of the couple's negotiated settlement, are less expensive and faster.

However, the ease and quickness of uncontested divorces may lead a spouse to believe he or she can skip certain steps that commonly occur during litigated divorce cases. While uncontested divorces are simpler from a legal standpoint, parties choosing to use this simplified process should still take precautionary measures to ensure their interests are adequately protected.

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 Posted on April 28, 2017 in Divorce

The divorce process requires both spouses to accept and expect that a considerable amount of money will be spent to dissolve the marriage. The expense of divorce is especially an issue for couples with high net-worth, and the associated complications often relate to property division and spousal maintenance.

One cost that parties are particularly reluctant to pay is attorney fees. While this cost may seem like a considerable amount, divorce attorneys provide valuable services that contribute to the outcome of Court decisions on pivotal issues, such as child custody and the division of assets. However, which party pays attorney fees is a common negotiating point in divorce settlement agreements between wealthy spouses.

The Illinois Supreme Court recently issued a ruling in a case on the issue of attorney fees in a divorce that involved a considerable amount of litigation initiated by the same party. This decision could impact how legal fees are paid in divorce cases going forward, making the exploration of the Court's rationale necessary.

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 Posted on April 21, 2017 in Divorce

The process of divorce, from beginning to end, is different for everyone. Few couples rarely jump to ending a marriage at the first sign of trouble. However, couples who enter divorce must decide at some point that the marriage is not salvageable. Legally dissolving the relationship may be the best decision.

Once the decision to divorce is made, the hardest part of the process may seem over, yet filing a divorce petition and proceeding through the legal system is not as seamless as one may think. First, one must determine where he or she is eligible to file for divorce, and in which specific courthouse to file the papers. Someone seeking divorce cannot simply walk up to any Court in the state to file the necessary documents. At the very least, residency and venue requirements must be satisfied before a Court will accept a person's petition for divorce.

Residency and venue issues are the gateway to starting the divorce process. Yet while these issues are straightforward for most couples, others may have reason to challenge the opposing party's claim. Consider how to establish residency and determine venue for purposes of divorce, as well as when someone may want to dispute these issues.

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 Posted on April 14, 2017 in Child Custody

Disputes over child custody and visitation between parents are an unfortunate but common occurrence. Further, when parents separate or divorce, the impact is felt far beyond the core family unit. Relatives and friends often lose valuable and important connections in the aftermath of these decisions, however necessary and well-intentioned. The significance of some of these relationships between a non-parent adult and the child can sometimes be enough to motivate the other adult to explore the possibility of seeking visitation or custody rights if there is a fear that contact will be cut off. However, the law is not especially keen to award parental responsibilities to non-parents, and great pains are taken to limit when exceptions to this policy may apply.

Parents are viewed as the primary and best source to raise a child, and other adults are always considered a last resort. Consequently, non-parent adults are generally unable to receive custody rights over a child, absent extenuating circumstances. A recent example of this policy is evident in the denial of a grandmother's petition for guardianship over her young granddaughter. The child's mother is serving a prison sentence in Bali for murder, but the Court said that even in this situation, the mother's consent to guardianship was necessary. However, Courts are permitted to make exceptions for certain parties seeking custody under specific circumstances.

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 Posted on April 11, 2017 in Divorce

A complex divorce tends to center around conflict and is related to two key issues — parenting responsibilities and property division. Both parties have a lot at stake and are invested in each matter. Hence, each party has much to lose if the outcome is not in his or her favor.

Specifically, with regard to property division, the number and type of property that is potentially subject to division can require a complicated analysis to determine if the property qualifies as marital and what the likely value is for that property. While one spouse may think he or she has a complete picture of all the property owned by the other party, analyzing and verifying the information listed in the mandatory financial affidavit must serve as the starting point for division.

The issue of property valuation is particularly important in divorces where considerable wealth has accumulated during the marriage. Securing proper valuations of all marital assets is crucial to ensuring that the division of property is fair and will provide the income/financial resources as intended.

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 Posted on April 01, 2017 in Spousal Support

Transitioning from a two-income household down to one, following divorce, is a large adjustment for most individuals. In most instances, though, each party is able to financially support himself or herself, excluding child support, without contribution from the former spouse. However, maintenance, or spousal support, is sometimes necessary to sustain a former spouse while he or she, for example, gains new skills or training to make him or her more employable.

Illinois amended the laws on spousal maintenance in 2015 to make these awards more predictable by removing any subjectivity on the amount and duration of the maintenance obligation — although, a Court's obligation to first determine if maintenance is appropriate remains the same. A set formula now determines how much and for how long maintenance awards will be, and only marriages of 20 years or more are eligible for permanent maintenance, which is left to the Court's discretion to decide.

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