Posted on October 12, 2017 in Postnuptial Agreements

Postnuptial agreements are often grouped in the same discussions as prenuptial agreements. Both are legal documents that help spouses predetermine the terms of a hypothetical divorce, including:

• Defining marital and nonmarital properties;
• Determining how marital properties would be divided;
• Protecting spouses from nonmarital debt; and
• Setting the expectations for spousal maintenance.

By definition, the difference between a prenuptial and postnuptial agreement is that postnuptial agreements are reached after the spouses have married. Spouses may opt for a postnuptial agreement if it is too late to create a prenuptial agreement or they need to change the prenuptial agreement. However, spouses can have different reasons for creating a postnuptial agreement than they would for a prenuptial agreement.

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 Posted on October 03, 2017 in Relocation

Illinois law prohibits a divorced parent from relocating with a child without notifying the other parent and receiving court approval. There are no exceptions for cases in which the other parent has little parenting time with the child or is deemed unfit. Unless the other parent has lost his or her parental status, a relocation order must be obtained if a parent wishes to move a child:

• More than 25 miles if living in Cook, DuPage, Kane, Lake, McHenry or Will County;
• More than 50 miles if living in any other county in the state; or
• More than 25 miles if the new location is in another state.

Child relocation disrupts the allocation of parental responsibilities for the other parent. Regular parenting time may be impractical if the child lives too far away. However, the relocating parent and the child may benefit from the move. Illinois law lists 11 factors that a court should consider when deciding on a child relocation request:

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 Posted on September 21, 2017 in Divorce

Illinois recently approved the Collaborative Process Act, which outlines the collaborative law process of negotiating divorce and family law issues. Collaborative law is a relatively new form of alternative dispute resolution that incentivizes cooperation and open sharing of information. Both sides and their legal counsels sign an agreement in advance, stating that the counsels will withdraw from the case if a resolution is not reached. Advocates for the process believe Illinois’ new law will increase awareness and encourage its use by establishing standards and guidelines. The act, which goes into effect on Jan. 1, describes the requirements and limitations of the collaborative process.

Approved Subjects

The law defines terms relating to the collaborative process, including which issues qualify as collaborative process matters:

• Marriage and divorce;

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 Posted on September 15, 2017 in Divorce

It is unwise to quickly jump back into dating after you have completed your divorce. You need time to heal from your marriage, including:

• Coming to terms with why you divorced;
• Adjusting to your post-marriage lifestyle; and
• Feeling emotionally ready to start a new relationship.

Even after you feel ready, there may be others who need time to recover from the divorce. Children can be upset when they see one of their parents dating someone new. You must be conscious of your children’s reaction when starting a new relationship after divorce.

Understanding Children’s Emotions

You may understand that starting to date is more about meeting new people than immediately committing to a serious relationship. However, your children view it as a development that tests their loyalties and casts doubt on their place in your life. Keep in mind that:

• They may feel pressured to pick sides between your dating partner and their other parent, particularly if the other parent is angry that you started dating;

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 Posted on September 08, 2017 in Spousal Maintenance

An Illinois appellate court recently denied a man’s petition to vacate an agreement that obligated him to pay $500,000 in spousal maintenance to his former wife. The man claims he signed the agreement under fraudulent circumstances because his former wife concealed significant financial assets. Previously, an Illinois trial court determined that the man’s claim had no standing and ordered him to pay the remainder of the maintenance agreement, as well as his former wife’s attorney fees.

Case Background

In 2006, the woman filed a petition of indirect civil contempt against the man for failing to comply with the spousal maintenance payments that they agreed to in their 2001 divorce. The woman claimed that the man was not remitting parts of his income that came from his social security benefits and various trusts. In 2009, the man agreed to pay the woman $500,000, which included paying $350,000 immediately and the remaining $150,000 by December 1, 2013. The man made the initial payment but later disputed the agreement and refused to pay the final $150,000. The man filed a petition to vacate the agreement shortly after the deadline passed for him to make the final payment. He claimed that the agreement is fraudulent because the woman failed to disclose during the negotiations that she had a bank account containing $500,000. The woman responded that the money was a loan from her son and the man was aware of the loan. The trial court sided with the woman in June 2016, leading to the appeal.

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 Posted on September 05, 2017 in Divorce

Divorce is a monumental event that will affect your life and the lives of your family and friends. However, your divorce will start as a conversation between you and your spouse, with a stark message: “I do not want to be married to you anymore.” It can be difficult to build up the courage to have that initial conversation because you anticipate the pain and turmoil that it will cause. Your initial reactions can set the tone for whether your divorce will be amicable or combative. You cannot control how your spouse will react to your request for a divorce, but you can prepare for the conversation in an attempt to minimize conflict.

Be Gentle

Leading up to the conversation, you may have accepted that your marriage is beyond repair and divorce is what will make you happy. Do not assume that your spouse has come to the same conclusion. Recognizing conflict in a marriage is different from wanting to end the marriage. If your spouse is surprised by your divorce request, he or she will likely be angry and upset. You should anticipate this response so that you can:

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 Posted on August 28, 2017 in Paternity

Establishing paternity after a child is born is important for all parties involved. The father gains the allocation of parental responsibilities. If the parents are not together, the mother can collect child support from the father. The child knows who his or her father is and can decide whether to pursue a relationship later in life. The father is most often the mother’s current or most recent romantic partner, but there are exceptions. A presumed father who believes he is not the biological father must make a choice:

• If no one else claims paternity, he can accept responsibility as the child’s legal father; or
• He can deny his paternity, which may require going to court.

Unmarried Men

If your current or former girlfriend has a child out of wedlock, you can legally establish yourself as the father by signing a Voluntary Acknowledgement of Paternity. However, you should wait on signing the document if you have a reasonable doubt that you are the father. Once you have signed a VAP, you have 60 days to cancel it. After that, a court will rescind your paternity only if you can prove you signed the document under fraudulent circumstances or duress. If you refuse to sign a VAP, the mother may take you to court to establish paternity. The court will determine whether you are the father and what parental responsibilities and obligations to assign to you.

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 Posted on August 25, 2017 in High Asset Divorce

The marital home – or more specifically, the value of the marital home – can be a hotly debated subject when dividing properties in a divorce. Only one spouse can keep the home, and the other spouse will need fair compensation in money or assets. Some spouses instead choose to sell their marital home and split the revenue from the sale. Each spouse can receive a substantial payout from the sale to go towards his or her post-divorce life. However, lucrative sales will incur the capital gains tax. The timing in which divorcing spouses sell their marital home can reduce their tax obligation.

Reasons to Sell

A home is often the most valuable property in a marriage, in both monetary and personal terms. Spouses may have an emotional attachment to the home, especially if they have children. However, selling the home is the most practical option in some divorces:

• Neither spouse may be willing to give up the necessary assets or pay the buyout in order to keep the home;

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 Posted on August 07, 2017 in Child Custody / Allocation of Parental Responsibilities

Divorced spouses may feel relieved to have ended their contentious marriage. The hostility between them made their lives miserable. If the former spouses are parents, they may believe that the divorce will benefit the children, as well. After all, children feel stressed and unhappy when living with parent who are often fighting. However, children are unlikely to view the divorce in that way. The positives that come from not witnessing their parents' hostile relationship are outweighed by feelings of loss and betrayal. Parents must understand how their divorce will affect their children.

Through a Child’s Eyes

For children, there is no fresh start or optimism after their parents separate. The divorce has abolished the two-parent home that they knew and replaced it with an unfamiliar living arrangement. Normally, parents put their children's needs first. A divorce tells the children that their parents' needs are more important than keeping the family together. Though they may not say it, children can blame their parents for not saving their marriage. If not their parents, they may blame themselves. Adults understand that divorce is a natural and often necessary outcome when spouses have irreconcilable differences. For children, divorce is unnatural because it destroys their family.

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 Posted on August 03, 2017 in Division of Assets

Marital properties in a divorce must be equitably divided between the two parties, according to Illinois law. However, cleanly dividing the properties can be challenging or, in some cases, seemingly impossible. Properties can differ based on their assessed value and liquidity. Some of the most valued properties in a marriage, such as real estate, are not liquid, unless the parties agree to sell the property and split the proceeds. For instance, only one spouse can receive the marital home, and the other spouse must be compensated for the assessed value of the home. If a non-liquid asset is by far the most valuable property in a marriage, the remaining properties may be insufficient in value to serve as compensation. In such cases, parties in a divorce can agree to a structured settlement that will compensate a spouse over time.

Deferred Payments

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