Posted on January 17, 2017 in Cohabitation

A common issue in high asset and complex divorces is one spouse's right to share in the business interests developed and owned by the other spouse. These issues may be complicated if the parties had a longstanding relationship that existed prior to marriage. Unfortunately for the less-wealthy spouse, Illinois courts generally do not take such nonmarital time into account when awarding property and spousal support in a divorce proceeding.

Court Affirms Different Rules for Opposite-Sex, Same-Sex Couples

A recent Illinois appeals court decision illustrates the uphill climb many estranged spouses face. This case involves a husband and wife who were only married for seven months but had a prior 13-year relationship. The husband owned several fast-food franchises and acquired a number of other significant assets over the years, including “multiple homes and motor vehicles.” The wife, in contrast, had “modest” financial resources, according to court records.

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 Posted on January 12, 2017 in Divorce

Social media posts have become an important source of evidence in many divorce cases. Many people falsely assume their posts are "private" and that any incriminating material–such as proof of an extramarital affair–can be concealed from an estranged spouse. In fact, many spouses have learned how to keep an eye on their partner's social media activity for just that reason.

But, what happens when a person goes even further and takes steps to monitor their spouse's email? An ongoing lawsuit suggests such activity may violate federal law. Not surprisingly, this litigation arose in the context of a highly-contested divorce.

Federal Court Reinstates Husband's Wiretap Lawsuit Against Wife

The plaintiff and the defendant have been married for more than 40 years. The wife filed for divorce in Chicago five years ago. That case remains pending before a Cook County court.

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 Posted on January 10, 2017 in Divorce

Normally, a divorce is a single judgment that not only dissolves the parties' marriage but also resolves all outstanding issues, such as division of property and establishing child support. A contested divorce can take several months or years to resolve, but there are some situations where one party may need to expedite the process. Illinois courts, therefore, have the discretion to split–or bifurcate–a divorce into separate proceedings if the judge finds there are “appropriate circumstances.” With bifurcation, a court can immediately divorce the parties while reserving other issues until a later date.

Court Permits Bifurcated Divorce to Terminally Ill Man

A recent Illinois case illustrates how bifurcation works in practice. In this case, a couple married for over 20 years “stopped acting as husband and wife,” according to court records, although they continued to reside in the same house. For approximately seven years afterward, the husband was in a romantic relationship with another woman. Eventually, the husband started living with his girlfriend.

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 Posted on December 29, 2016 in Divorce

It is not unusual for spouses to argue about child visitation rights as part of a divorce settlement. But what about pets? After all, many couples consider their dogs, cats, and other animals to be “members of the family.” It stands to reason, then, that custody of pets, including visitation rights, could be a matter for a divorce court to resolve.

Canadian Judge Says Dogs Are the Not the Same as Children

Unfortunately for animal lovers, that is not how the law works in most places. A judge in the Canadian province of Saskatchewan was recently asked to award custody of two dogs in a contested divorce. The husband offered to split custody—each spouse would take one—but the wife wanted to keep both.

Before the Court of Queen's Bench, Saskatchewan's trial court, the wife proposed what the judge described as “an interim custody” order granting the husband limited visitation rights with the dogs. The wife effectively wanted the judge to treat the dogs as if they were children. The judge said this idea “holds absolutely no attraction for me.” Noting that dogs are “wonderful creatures,” when “all is said and done, a dog is a dog.” Under Saskatchewan law, dogs are property, no different in legal status than, say, furniture. The fact that the parties in this case, who did not have children, had “lavished their natural love and affection on these pets” did not convert the dogs into the legal equivalent of human children.

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 Posted on December 27, 2016 in Child Custody

Fathers' rights are a critical issue for many Illinois men, especially with respect to questions of child relocation. When one parent tries to move a child out-of-state without the other parent's consent (or knowledge), it may be necessary for the other to seek a court order to protect their own parent-child relationship. Even when the mother has legal and physical responsibility for the child, Illinois law can still protect a father's interest in maintaining an active role in the child's life.

Court Says Five-Month “Visit” Established Child's Residency

A recent case from here in DuPage County illustrates how the courts can protect father-child relationships. In this case, two unmarried parents have a five-year-old child. The mother has custody. She lives in North Carolina, but in October 2013, the mother allowed the child to stay with the father's parents in Illinois while she underwent a minor surgical procedure. The father, a member of the United States armed forces, was on active duty during this time.

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 Posted on December 22, 2016 in Child Custody

Many people choose to change their name following a divorce, either to go back to their premarital last name or to adopt the surname of a new spouse. Illinois divorce decrees typically contain language authorizing a spouse to resume use of a maiden name. But even if the spouse does not wish to immediately change their name following a divorce, they are typically free to do so later by petitioning an Illinois court.

If an ex-spouse also wishes to change the last names of their children, however, the law is a bit more complicated. A judge will only approve such a name change if it is in the child's “best interest.” Illinois law specifies a number of factors the court must consider in deciding a parent's application to change their child's name:

• Does the other parent or person with “physical custody” of the child approve?

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 Posted on December 20, 2016 in Divorce

In an Illinois divorce, the general rule is that all property acquired by either spouse during their marriage is considered “marital” property and therefore subject to equitable division. With very limited exceptions, it does not matter how the property was acquired or titled. Unless there is a specific arrangement between the parties (such as a prenuptial agreement), a court will look to when the property was acquired to decide whether it is, in fact, marital property.

Wrongfully Convicted Man Ordered to Share Settlement With Ex-Wife

Sometimes, figuring out “when” certain property was acquired is not obvious. For instance, an Illinois appeals court recently had to decide whether the proceeds of a lawsuit settlement constituted marital property. Normally, any type of personal injury claim that arises during a marriage is considered marital property. In this case, however, the facts giving rise to the lawsuit actually predated the marriage.

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 Posted on December 15, 2016 in Child Custody

When an Illinois court issues a judgment regarding child custody arrangements, both parents must abide by the judge's decision. If a parent is dissatisfied with the terms of the order, he or she must pursue a legal avenue for seeking to amend the decision. A parent must never try to circumvent a child custody order by taking actions designed to undermine the rights and responsibilities of the other parent.

Mother Loses Custody After Making False Abuse Allegations Against Father

Indeed, such actions can backfire, as a recent Illinois appeals court decision illustrates. This case involves a divorced couple with three young children. Six years ago, an Illinois circuit court issued a custody order giving the mother “sole custody” while granting certain visitation rights to the father. The custody order further required the mother to “consult” with the father regarding “major health and education matters” affecting the children.

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 Posted on December 13, 2016 in Same Sex Marriage in Illinois

Same-sex marriage has been legal in Illinois since 2014. Of course, many same-sex couples cohabited for years, even decades, prior to this change in the law. The Illinois Supreme Court recently addressed whether unmarried same-sex couples who ended their relationship prior to 2014 could enforce “marriage-like” rights with respect to the division of property.

Supreme Court Rules Cohabiting Partners Cannot Assert Common-Law Marriage Claims

The plaintiff and the defendant in this case were in a long-term domestic partnership from approximately 1981 until 2010. The couple co-owned their home. After the relationship ended, the plaintiff moved out and sued the defendant, seeking a “fair division and partition” of the property. The defendant filed a counter-claim, alleging she and the plaintiff had a relationship “identical in every essential way to that of a married couple,” and accordingly sought division of the couple's property based on the same principles as Illinois divorce law.

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 Posted on December 08, 2016 in Asset Division

A common issue in military divorces is determining the non-military spouse's share of any pension benefits. For example, members of the armed services participate in a survivorship benefit plan. Under federal law, former spouses are not entitled to a survivor benefit unless the military spouse makes a voluntary designation of benefits or an Illinois court orders such a designation as part of a divorce decree.

Court Rejects Wife's Appeal Over Husband's Military Benefit

Military survivorship benefits are not divisible. This means that if a court orders a military spouse to name an ex-spouse as beneficiary, he or she cannot split the benefit with any future spouse. Survivorship benefits are therefore an “all-or-nothing proposition,” according to an Illinois appeals court that recently addressed such a case.

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