Posted on March 16, 2019 in Prenuptial & Postnuptial Agreements

Because of Illinois’ no-fault divorce law, couples can no longer punish each other for acts such as infidelity when filing for divorce. Previously, spouses may have accused each other of immoral behavior in order to avoid paying spousal maintenance or keep a greater share of the marital properties. Now, irreconcilable differences are the only reason that couples can cite for their divorce. Some couples are instead using prenuptial and postnuptial agreements to try to penalize a spouse’s behavior. A lifestyle clause sets rules for a marriage that will result in a financial penalty if either spouse breaks them. However, you should understand the potential problems of lifestyle clauses before you include one in your agreement.

Enforceability

Lifestyle clauses are relatively new, which means that there is little legal precedent for them in courts. The individual opinions of the judge may determine whether a court enforces the clause. Some judges may reject any provision that penalizes a spouse for fault during a divorce. Other judges may allow the clause as long as:

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 Posted on March 15, 2019 in Divorce

One of the things that holds back many couples from divorcing is the children. Many parents worry and wonder what kind of effects the divorce would have on their children, even if they know that a divorce would be best for their personal wellbeing. In reality, many parents do not know that staying in an unhappy marriage can actually be more detrimental to a child’s wellbeing than divorce. Here are a few ways as to how staying in an unhappy marriage could harm your children:

Chronic Stress and Tension

If you are feeling the stress at home, then your children probably are too. Constant fighting or bickering can mean chronic tension in the home and that is not good for anyone. Your children will feel it and will feel uneasy in their own home.

Low Self-Esteem

Children absorb everything around them. When their surroundings are full of fighting and rejection, children tend to internalize that, which turns into low self-esteem. Constantly being at odds with your spouse can cause your child to feel uncertain and rejected.

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 Posted on March 13, 2019 in Child Custody

A parent’s work commitments can be an important factor when determining the allocation of parental responsibilities. To have a majority of the parenting time, you must show that you are consistently available to care for your children as a single parent. Work travel can affect your availability if it consistently requires you to be out of town. A parent with a heavy travel schedule may have difficulty receiving the share of parental responsibilities that he or she wants during a divorce.

Children’s Best Interest

Before arguing for a majority of the parental responsibilities, you should honestly assess whether you can fulfill that responsibility with your work travel requirements. The primary parent after a divorce is typically the one who is most available to care for the children. It may be necessary for your co-parent to have a majority of the parenting time if your work requires you to frequently stay overnight in another city. Parental responsibilities also include making decisions about how you care for your children. Ideally, your co-parent will consult you on major decisions regarding your children’s health and education. However, a court may give greater decision-making power to the parent who is more often with the children and able to act on those decisions.

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 Posted on March 08, 2019 in Asset Division

If you own a business or professional practice, chances are that is one of your most valuable assets. It takes endless work and a lot of dedication to grow a business and have it become successful. The last thing you want is to have half of it taken away when you get a divorce. Everything you and your spouse have together must be divided before you can finalize your divorce -- and that can include businesses and professional practices. Do not worry -- there are things you can do to make sure your business remains in your possession. Here are five ways you can protect your business during your divorce:

1. Get a Fair Valuation

The first step you should take before you begin dividing up your assets is to get a valuation of your business, so you know what it is worth. Instead of estimating what your business is worth, you may opt to use a court-appointed evaluator who will look at multiple facets of your business to arrive at a valuation. Such aspects include your business records, the business’ goodwill, and business competition. Then, you can hire an outside professional to review the numbers just to make sure everything is square.

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 Posted on March 07, 2019 in Divorce

As cruel as it may seem, a spouse developing a severe or chronic illness can increase the risk of divorce. Husbands, in particular, are more likely than wives to request a divorce, whether it is during treatment or recovery. Diagnosis of serious sicknesses, such as cancer, puts stress on a marriage, and a relationship that was already weak may not survive. It is important to seek help if you are going through a divorce while also fighting against major illness.

Sources of Stress

Treatment for a serious health problem puts pressure on both spouses. In some cases, the sick spouse may never fully recover, which will permanently change their marriage. Though the supporting spouse may try to remain loyal, he or she may be unable to handle the stress of:

• Taking on new or increased responsibilities in their marriage;
• Growing medical expenses related to the illness;

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 Posted on March 05, 2019 in Property Division

Items that you received as gifts during your marriage are usually considered to be non-marital property. A gift that your spouse gave to you for your birthday or anniversary is non-marital, even though your spouse used marital money to purchase it. However, a divorce court may classify a gift as marital property and subject to division, depending on the intent behind the gift and how you used it. Here are four examples of how a gift can become marital property:

1. Gift for Both: The court will distinguish between gifts that are meant for you only and gifts meant for you and your spouse. Wedding presents are a common example of gifts that are marital property because the giver intended you to use it as a married couple. Your spouse may argue that other gifts were given to you as a couple. You need to explain the reason for the gift and whether your spouse used it.

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 Posted on February 28, 2019 in Paternity

When it comes to artificial insemination and parental rights, there is an important distinction between a known and unknown sperm donor. A man waives his paternity rights and responsibilities when he donates sperm to a medical facility that uses it to impregnate an unrelated woman. The man could not later claim parenting time, and the woman could not force the man to pay child support. However, some men and women enter private agreements for the woman to use a sperm donation to have a child. Illinois courts may not recognize private agreements that claim to waive a father’s parental rights.

Entering an Agreement

Some prospective parents prefer to know the man who will be the biological father rather than using a sample from someone anonymous. They may place a public notice to look for a donor or even ask a friend. When entering a private sperm donor agreement, it is wise for both parties to create a contract that outlines whether:

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 Posted on February 25, 2019 in Divorce

Fear is a paralyzing emotion that people going through a divorce will commonly experience. When you give in to your fear, you may avoid actions that could help you overcome that fear. Your fear may prevent you from seeking a divorce, despite being miserable in your marriage. During your divorce, your fear may make you passive when you need to advocate for your own interests. After your divorce, your fear may keep you following the same routines that made you unhappy during your marriage. Conquering your fear means understanding it and resolving to act in spite of it.

Divorce Fears

Divorcees are most afraid of significant change in their lives and the uncertainty of their futures. These can create more specific fears, such as:

• How will I support myself on my own?;
• Can I handle being a single parent?;
• How will the divorce affect my children?;
• Will getting divorced make me happier?; and

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 Posted on February 25, 2019 in Divorce

Any public activity is potential evidence in court proceedings, including your social media activity. Anything you choose to share or post can become a legally admitted court document in any court case, including your divorce. Although your short rant about your soon-to-be ex-spouse was temporarily stress-relieving -- not to mention the complete validation you felt when your friends and family members supported you through likes, loves, and comments -- you are less likely to experience the same satisfaction when it comes back to haunt you in the courtroom.

Try These Tips at Home

It is ill-advised to avoid social media entirely. Not only is social media an excellent way to grow and maintain the ever-important support system, but it is also a free source of unlimited information. Be on the lookout for posts regarding you or your ex’s behavior, and enlist a trusted friend or family member to help. Immediately address anything that could be potentially damaging to your case. Simultaneously, anything that could help should be brought to the attention of your attorney immediately. Here are some ways you should use social media to your advantage:

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 Posted on February 22, 2019 in Property Division

Your pension benefits are a marital property during your divorce, with some stipulations. Your spouse has a right to an equitable share of the value of your pension that you accrued during your marriage. If you worked towards your pension before your marriage, the value of those years is non-marital property. You can add value to your pension through means other than the number of years you worked. A recent Illinois divorce case decided whether the military service credits that a man added to his state pension are marital property.

Case Details

In the case of In re Marriage of Zamudio, the spouses had filed for divorce in 2014 after 14 years of marriage. The husband has a state pension from his 22 years of working for the Illinois State Police. During the marriage, the husband purchased four years of credit to add to his pension, based on his active military service from 1974 to 1980. When dividing properties during the divorce, the spouses disagreed on whether those purchased credits are marital properties:

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