Posted on January 14, 2014 in Divorce

One of the most important issues facing spouses in a divorce involves their living arrangements. Homeowners, unsurprisingly, must consider their legal rights upon the division of marital property such as the house and furniture. However, renters must also consider their legal rights under their current lease for their rented home.

The Lease Is Marital Property

The home that spouses or families share is typically called the marital home or residence. Types of marital homes can include, but are not limited to, single-family houses, attached homes, apartments, mobile homes, boats, and trailers. When the marital home is a rental property, spouses’ rights in that property are called a leasehold. The leasehold, rather than the rented property, is what courts consider marital property to be divided upon divorce. Accordingly, divorcing spouses may have to address lease rights in their divorce settlement documents that discuss the current lease and or future rental leases.

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 Posted on January 03, 2014 in Divorce

Child Custody agreements for any family can become a convoluted, strenuous battle that can take several years to finally be resolved. A prime example of the stress that encompasses child custody disputes is the case Redmond v. Redmond, which involves a local Illinois woman who became engaged in a child custody battle with her child’s father, a citizen of Ireland.

The Battle Overseas

The couple in this case, Mary and Derek, met each other in Ireland. Although they were never married, they lived together in Ireland for 11 years. Their son, however, was born in Illinois, but the three of them returned to Ireland 11 days after the birth.

A few months later, however, Mary moved back to Illinois against Derek’s wishes. Although their child is a citizen of the United States, Derek argues that he should have joint custody of their child. The U.S. Appeals Court ultimately held that their son should be returned to the United States while the custody order is pending. With the various legal complexities, including unmarried parents and parents with different citizenships, this case may take several years before it is finally resolved. The Redmond case proves just how costly and exhausting child custody cases may become, and how many different issues can arise in each unique case.

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 Posted on December 25, 2013 in Divorce

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 Posted on August 07, 2013 in Divorce

Getting back into the dating game after being in a marriage for a long tim can be interesting, to say the least. While there are laws about things that you should and should not do, according to the Huffington Post, there are a few things that you should keep in mind as you are preparing for the single life. Do not Focus on What Your Ex is Doing This is not the time that you need to keep up with your ex. Do not worry about whom they are dating or how many dates they go on weekly. You absolutely do not have to prove anything by one upping them on the dating game. This is not a race and you should not put any pressure on yourself to go on dates until you are ready. Do not force it. Know What you Don’t Need While you are getting acclimated to life after divorce and not sharing your space with a significant other, do not fool yourself into thinking that all change is bad. There is nothing wrong with spending some time alone. You do not need a new boyfriend or girlfriend to be there with you all the time. This is a time of healing. If you do not afford yourself the time to heal, you will only be carrying baggage into the new relationship. Save the Intimacy for Later Loneliness can make you do crazy things. After going through a break up of any kind, you will love getting attention from the opposite sex. Attention is fine, but that does not mean that you should jump into bed with the first person or the first few people that give you that much needed attention. Being in a long-term relationship can cause you to lose a little bit of yourself. Take this time to get to know you before introducing yourself to the dating world. While your Kane County divorce attorney may not give you dating tips, they can definitely help you with any questions that you have regarding your divorce.

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 Posted on July 26, 2013 in Divorce

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 Posted on May 13, 2013 in Family Law

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 Posted on February 15, 2013 in Divorce

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