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Changing Spousal Support Obligations

Posted on February 06, 2014 in Divorce

Illinois law may require one spouse to pay support to another following a divorce. Of course, the amount that the court requires depends on the parties’ financial circumstances at the time of the divorce. In this uncertain economy, those circumstances are prone to change, meaning that the support obligation may have to change as well. Fortunately, courts allow parties to petition to change their support obligations if they can show some sort of pertinent change in their finances.

How Judges Calculate Support

To understand what changes would qualify as meaningful, it can help to look at how the law determines a person’s support obligations. The Illinois Marriage and Dissolution of Marriage Act governs the court’s awarding of spousal support. It instructs judges to examine a variety of factors when making the support determination, including:

Are Cold Feet a Sign That Divorce Lies Ahead?

Posted on February 04, 2014 in Divorce

Psychology researchers at UCLA conducted a four year study to determine whether cold feet before a wedding could predict divorce. Their answer: yes and no. It turns out that women’s doubts before a wedding may signal trouble ahead for the marriage, while men’s doubts do not correlate with significantly higher divorce rates.

The study divided marriages into four groups: marriages in which neither spouse had doubts, marriages in which the men had doubts, marriages in which the women had doubts, and marriages in which both the men and the women had doubts. The first group contained 36 percent of marriages, with neither side having doubts. In this group, the divorce rate was only six percent. Among the group of marriages with only male doubts, that number rose to 10 percent, an increase that the study’s authors say is too small to have significance. Conversely, marriages involving women with cold feet ended in divorce three times as often as those where neither side had any doubts; 18 percent reported divorce by the four-year mark. And, in cases where both sides had doubt, the number increases slightly to a 20 percent divorce rate, only a small difference from the women-only pool of marriages. The researchers attribute these differences to the fact that women are often more attuned to the dynamics of the relationship. Consequently, they do not get cold feet as much as men do, but when they do, they tend to be better at noticing real causes for concern.

Prenuptial Agreements: Do They Make Sense for You?

Posted on February 02, 2014 in Divorce

People often think that only the extremely wealthy need prenuptial agreements; however, with divorce now a common event in people’s lives, more and more couples can benefit from using them. While many people, understandably, find such topics uncomfortable to discuss before a wedding, the protection prenuptial agreements provide can save much heartache later.

How Prenuptial Agreements Work

In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act. This act sets out the general rules about topics that premarital agreements can regulate, which include:

The rights and obligations of the parties regarding any property;
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The Tax Consequences of Divorce

Posted on January 31, 2014 in Divorce

Ordinarily, the transfer of property comes with some sort of tax consequences. Since divorces can involve a lot of property transfer, you might expect complicated taxes surrounding them. Fortunately, the IRS exempts from taxation most property exchanges that take place in a divorce; however, appreciated assets, like stocks, and retirement accounts both come with particular tax issues.

General Tax Rules

Section 1041 of the Internal Revenue Code governs transfers between spouses and transfers related to divorces. The law generally exempts transfers so long as the transfer happens prior to the finalization of the divorce. The code also excuses transfers made after the divorce, so long as they are “incident” to it. A transfer counts as incident when it occurs within one year of the end of the marriage, or within six years of the end of the marriage if the divorce agreement requires such a transfer.

Supreme Court to Decide International Child Abduction Case

Posted on January 29, 2014 in Child Custody

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How Mediation Aids in Child Custody Disputes

Posted on January 27, 2014 in Child Custody

If you are your partner agree on some subjects related to the divorce but are torn on child custody, mediation may offer an alternative method that allows for an expeditious solution and civil relations with the other party. Some couples don’t want the added complication and expense of going through litigation, and mediation provides a forum with a neutral third-party mediator focused on helping you reach a resolution.

Illinois Supreme Court rules indicate the importance of child custody proceedings that are child-focused, fair, and expeditious. The Supreme Court has continued to research and expand mediation efforts across the state with regard to child custody.

Changes in Child Custody and Childcare in Illinois

Posted on January 22, 2014 in Child Custody

Single parents often face issues when attempting to manage their busy schedules while meeting the demands of childcare. Until recently, parents with custody of a child could arrange for childcare as they saw fit. But, Illinois law changed on January 1, 2014.

The state legislature modified part of the Illinois Marriage and Dissolution of Marriage Act to give the child's other parent a right of first refusal for childcare in some circumstances. This means that the one parent must check with the other to see if they would like to care for the child before securing other care. However, not every parent receives this right of first refusal. Instead, the law leaves it to the discretion of the courts.

Debt, Divorce, and Remarriage: What You Should Know

Posted on January 21, 2014 in Divorce

When considering a divorce, many people concern themselves with the division of their marital property. While this is an important thing to worry about, the courts will divide more than just the couple’s assets. The judge will also mete out the marital debts to each of the spouses. However, the law does not make spouses responsible for the entirety of each other’s debt. Instead, the Illinois Rights of Married Persons Act clarifies which debts qualify as marital and which debts fall solely to one spouse.

Which Debts Get Divided?

The court will divide up a couple’s marital debts, while leaving each spouse solely responsible for their non-marital debt. That still leaves the question of which debts fall into which category. Generally speaking, marital debts are debts that both spouses acquire jointly or debts one spouse acquires for the family. For example, many spouses have joint credit cards. Since both spouses put their name on the card, they both agreed to bear responsibility for the debt.

First Same-Sex Marriage Illinois--Effective Date May Change

Posted on December 04, 2013 in Wheaton Divorce Attorney

In November, Illinois Governor Pat Quinn signed family law legislation allowing same-sex couples to marry beginning in June. The bill passed the Illinois House early in a November by an extremely thin margin. The law needed 60 votes to pass and received 61.

The law, though passed a few weeks ago, cannot take effect immediately in Illinois due to the state constitution. All legislation passed after May 31st in any year cannot take effect until after June 1st the following year without a three-fifths majority vote in each chamber (instead of the typical one-half).

However, in a unique twist, Illinois just had its first same-sex wedding. On Thanksgiving Day, Patricia Steward and Vernita Gray, the latter being terminally ill with cancer, were given an expedited marriage license by a federal judge. The federal court decision is somewhat unique, in that it appears to contravene state requirements which would not allow these marriages to take effect for several months. There is technically not any exception in the state constitution even for tragic cases like this one affecting Steward and Gray.

Baby Boomers Divorcing in Greater Numbers

Posted on November 21, 2013 in Divorce

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