Posted on May 09, 2017 in Child Custody

The legal definition of domestic abuse is not limited to physical attacks. A spouse or parent can verbally abuse others through harassing and demeaning behavior. Examples of emotional abuse include:

• Insults;
• Foul Language;
• Threats;
• Intimidation; and
• Words meant to humiliate or isolate someone.

During a divorce, one parent may argue that the other parent is abusive and should have limited time with their children. Even without a criminal conviction, the court can consider a parent’s abusive nature in determining the allocation of parental responsibilities. However, emotional abuse is more abstract than physical abuse because there are no visible injuries. You must plan how you will present your evidence in order to prove that your spouse is emotionally abusive.

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 Posted on May 04, 2017 in Property Division

Double dipping comes in many forms and generally leaves at least one person upset. When it occurs during a divorce, a spouse is giving up an inequitable share of money or assets. “Double dipping” in divorce happens when a spouse’s income is used to determine both:

• The value of an asset during the division of marital property; and
• The amount given in spousal support payments.

Many states, including Illinois, try to prevent double dipping by not counting personal income as a marital property. During business valuations, distinguishing personal income from marital property can be difficult. A business is both a shared property and an individual income source. How you determine a business’ value can prevent double dipping.

Valuation Process

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 Posted on May 02, 2017 in Alimony / Maintenance

The Illinois Supreme Court recently ruled on a post-divorce modification case that started 10 years ago. The case, In Re Marriage of Donna Tuke Heroy and David F. Heroy, dealt with two issues:

• How much the former husband could reduce his monthly maintenance payments; and
• Whether the former husband should pay part of the former wife’s legal fees for the case.

Illinois circuit and appellate courts gave conflicting rulings on the case. The supreme court affirmed the circuit court’s calculation for reducing the spousal support payment and approval of the former wife’s request that the former husband contribute to paying her legal fees.

Background

When the former spouses divorced in 2006, the court determined the husband should pay the wife $35,000 per month in maintenance payments. The court based the amount on the couple’s previous high standard of living and the wife’s limited ability to increase her income.

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 Posted on April 27, 2017 in Divorce

Illinois media outlets have taken interest in the divorce case of former U.S. Rep. Jesse Jackson Jr. because the case records include details about his possible improprieties. The coverage is a reminder that divorce records are public information, unless a court specifies otherwise. Reporters use their access rights to investigate public figures, but anyone can request to see the record of any divorce case. Spouses may use personal information as evidence to help determine divorce issues, such as division of property and allocation of parental responsibility. Submitting the evidence can make sensitive information part of the public record, including:

• Business valuations and trade secrets;
• Accounts of past infidelity;
• Accusations of criminal offenses that did not result in official charges; and
• Details about someone’s private life.

There are actions you can take during your divorce that can protect sensitive information in your case from becoming public.

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 Posted on April 25, 2017 in Child Custody

As a divorced parent, you want to know that your children are safe and reachable by you, even if you are not awarded primary allocation of parental responsibilities. If your children travel internationally, it can put both their safety and accessibility at risk:

• The country your children are visiting may be dangerous; or
• The other parent may use the opportunity to live in the country with your children.

Many divorced parents want to have a say in important parenting decisions, such as allowing their children to travel abroad. Depending on your allocation of parental responsibilities, you may not be able to prevent your children from traveling internationally. You should understand your rights as a parent before your children leave the country.

Parenting Plan

Since Illinois replaced child custody with the allocation of parental responsibilities, joint parenting agreements are less common. Courts consider it in the best interest of the child to give one parent primary parenting time and decision-making responsibilities. However, divorcing parents can negotiate decision-making plans, such as stipulating that both parents must give permission before their children are allowed travel abroad. If you have joint decision-making responsibilities, you may be able to:

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 Posted on April 20, 2017 in Children and Divorce

Many parents worry about how their divorce will affect their children. For children with autism, their parents’ divorce can be particularly confusing and disruptive. Depending on the severity of the autism, a child may have difficulty communicating or understanding how others feel. Children with autism thrive on familiarity and consistency. If you have a child with autism, you need to be sensitive to the unique affect your divorce may have on him or her.

Explaining the Divorce

Your child’s lack of communication skills can make it difficult to explain a topic as complex and emotional as divorce. You may have experience communicating with your child, but it can be hard to predict how your child will react. When having the conversation:

• Both you and your spouse should be present so your child is receiving a consistent message;
• Focus on explaining how the divorce will affect your child’s life because that is what is important to him or her;

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 Posted on April 18, 2017 in Property Division

House ownership can be difficult to negotiate during a divorce because it is one of the most valuable properties in a marriage. In Illinois, marital property is equitably divided during a divorce, which means it is split fairly but not always evenly. In many cases, one spouse keeps the house, while the other spouse receives compensation through money or other assets. Spouses can also choose to sell the house and divide the proceeds. There are advantages and disadvantages to selling a marital house.

Reasons to Sell the House

• When you sell the house, you have an actual monetary value for it instead of an estimated value. Knowing the actual value can help in negotiating an equitable division.
• If you cannot agree on ownership of the house, selling it may be the only way you can reach an agreement. When negotiations are at an impasse, the court will decide how to divide the value of the house and may order you to sell it anyway.

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 Posted on April 10, 2017 in Divorce

Filing for divorce requires you to serve notice to your spouse with the divorce papers. What if you cannot find your spouse? Whether your spouse is missing or hiding, not being able to serve the divorce papers can complicate the process. However, if you follow the proper legal steps, you can file a motion for default and divorce without your spouse’s written consent.

Searching for Your Spouse

The first step you must take is to make an honest effort to find your spouse. There are many methods you can use, including:

• Visiting the spouse’s last-known address and calling the last-known phone number;
• Contacting the spouse’s family, friends and employers and asking if they know his or her whereabouts;
• Checking directories of addresses and phone numbers; and
• Monitoring your spouse’s online activity, such as social media.

If you cannot find your spouse, you can submit an affidavit of diligent search to the court.

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 Posted on April 06, 2017 in Child Support

Child support payments are generally recognized by divorcing spouses as a necessary part of their shared parental responsibilities. Parties in a divorce are more likely to argue about the value of child support payments one spouse receives. Courts will consider the needs of the children and the financial status of each parent to determine an appropriate amount. However, needs and finances can change, and it sometimes is appropriate for parents to modify the child support arrangement.

Determining Payments

Starting July 1, Illinois will use a new measure called income shares to determine what percentage of the children’s basic support amount each parent is responsible for. Each parent’s net income is calculated, which is the gross income subtracted by necessary living expenses and taxes. The two net incomes are combined, and the parent with the greater share of the income will proportionately pay his or her share of expenses associated with the children. Courts will also take into account whether there is a shared parenting arrangement, in which children spend at least 146 nights a year with each parent. In this situation, each parent’s child support obligation is multiplied by the percentage of time he or she is responsible for the child. If the parent with lower income has a larger share of the parental responsibility, the parent with the higher income will pay the difference between the two amounts.

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 Posted on April 04, 2017 in Prenuptial & Postnuptial Agreements

Coming to a premarital agreement, commonly known as a prenuptial agreement, with your spouse can be a financially savvy move in case of divorce. It allows you to define several monetary and proprietary aspects of your marriage, including:

• The rights to and division of marital property.
• What is considered marital property.
• The terms of spousal support payments.
• How much marital money can be used to pay off individual debt.
• The distribution of benefits from a life insurance policy or will.

The rules of prenuptial agreements in Illinois are outlined in the Illinois Uniform Premarital Agreement Act. Among the rules are several ways that a prenuptial agreement can become invalid. These safeguards are meant to protect a spouse in case of unfair practices by the other spouse.

Write It Down

It may seem obvious, but a prenuptial agreement is not valid unless it is formally written out and signed by both parties. Verbal agreements will not be enforceable in court.

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