Posted on October 10, 2013 in Main

A recently publicized news story involving the interplay of immigration laws and divorce has the legal community anxiously awaiting a verdict. At issue in the case, out of southern Texas, is whether a former husband can be legally responsible for paying maintenance (alimony) to his former wife based not on divorce law but on a rarely-enforced immigration provision.

The parties in the case were married in 2003; the wife was a citizen of Mexico. In order for her to obtain a green card to stay in America, her then-fiancé signed a document in which he agreed to financially support his soon-to-be wife at 125% above the poverty level (currently, the poverty level for a single person is approximately $11,500.00 annually). The document, known as an I-864 Affidavit of Support, is theoretically a contract between the person who signs it, the spouse, and the United States Government. The purpose of the Affidavit is to ensure that the person receiving the green card will not become a public charge—someone who relies on government assistance for support.

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 Posted on October 02, 2013 in Main

From both a financial and an emotional standpoint, divorces are inherently complex. When a divorce is paired with a substantial financial portfolio, however, the plot thickens. Headlines regarding high net worth divorces—and the financial consequences for the spouses—are frequent. For example, a recent article on CNN Money reported that the CEO of Best Buy sold stock to help pay for his divorce settlement; CNBC also lists some of the most costly breakups. Unfortunately, however, such costly divorces are not limited to celebrities and multi-millionaires. Whether you are a famous celebrity, a successful business owner, or someone with significant assets for another reason, it is important to understand how to protect yourself in the event of a divorce.

What to do Before Marriage

Preparing a prenuptial agreement is a great way to protect assets before a couple even gets married. Also known as a premarital agreement, this written contract becomes effective once a couple is married and may address topics such as:

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 Posted on August 20, 2013 in Main

Often in family law matters, including divorce, mediation can be a viable method for resolving disputes in a mutually-agreeable manner. The mediation process, governed in Illinois by the Uniform Mediation Act and by various local court rules, has a sole purpose – to provide a forum for reaching voluntary agreements between parties without resorting to contested litigation. According to DuPage County local rules, mediation is “an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives and reaching an agreement.” When family law matters do arise, mediation can be the basis for creating a comprehensive agreement to help families move forward in the best possible direction.

Generally speaking, a mediator works with both parties to discuss the issues and facilitate the creation of solutions and arrangements that are agreeable to both parties. Because the mediator works with both parties, he or she must remain neutral and cannot advocate specifically for one side or the other. Although Illinois does not have a formal certification process for mediators, it is a good idea for parties to select an experienced certified mediator who uses best practices and ethics guidelines in conducting mediation. Having a well-trained, experienced, professional mediator can help parties avoid the difficult and stressful process of litigation and come to a prompt, amicable resolution of issues.

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 Posted on August 02, 2013 in Main

Generally, in Illinois, each party to a lawsuit bears responsibility for his or her own attorney's fees. There are some exceptions to this rule, such as divorce cases. The divorce exception arose from the idea that it is not uncommon for one spouse to lack the financial resources to pay for a divorce, often causing that spouse to stay in a bad marriage because he or she believes they cannot afford an attorney.

Illinois fixes this issue in several ways. Early on in a divorce case a party may file a petition for temporary relief containing a request for spousal support or interim attorney fees. In effect, one spouse is asking the court to order the spouse with better means to help with the cost of an attorney while the divorce is proceeding. A judge can determine interim attorney's fees shortly after a party files a petition for dissolution, assuming that the parties cannot agree on a solution themselves. A party may also file a petition for contribution to attorney's fees and costs at the conclusion of a divorce proceeding. A court will consider the financial resources of both the parties to the litigation, and if an award of attorney's fees is granted, such an award will be set at a reasonable amount.

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 Posted on July 26, 2013 in Main

Studies have shown that couples that argue about money are more likely to get a divorce than couples that argue about sex, according to a new study reported upon in the Daily Mail. The study looked at 4,500 couples over several years and it showed that stress over finances topped the list of predictors of divorce. This is likely because arguments about money tend to be more heated, involve harsh language, and end up being longer—perhaps because of their obvious day-to-day importance. An assistant professor of family studies and human services at Kansas State University told the Daily Mail that, “you can measure people's money arguments when they are first married. It does not matter how long ago it was, but when they were first together and already arguing about money, there is a good chance they are going to have poor relationship satisfaction.”

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 Posted on July 24, 2013 in Main

More people are clicking their way to romance, and a recent survey finds public perception is starting to favor online love connections. A recent article in USA Today reports that more than one third of recent newlyweds met online. The survey, published by Proceedings of the National Academy of Sciences (PNAS), questioned 19,131 participants who were married between 2005 and 2012.

The lead author of the study, John Cacioppo, a University of Chicago psychology professor, is also an advisor to eHarmony, a prominent online dating website. Although the study has some opposition, it is undeniable that the number of people connecting through online dating sites and social media is increasing.

Evidence of the rise in online dating is reflected in Illinois laws. The Internet Dating Safety Act outlines requirements for Internet-based dating services offered to Illinois residents and advocates individual responsibility and safety when using online services.

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 Posted on July 15, 2013 in Main

Trust is the cornerstone of any relationship and without it a relationship has no foundation. A breakdown of trust can be the result of many different situations such as infidelity, addiction, or just outright lying.

Rebuilding trust in a relationship means that changes must be made. Make sure that you and your partner are both clear on the changes that are needed and expected. Set goals that are attainable. Talk about the progress that you are making and check in with your loved one to see how they are feeling about the progress.

Once you have decided to forgive your partner you have to do your part in rebuilding the trust. Do not throw past transgressions in the face of your partner every chance you get. That is not fair to you or your loved one. If you are constantly reminding him or her of what they did wrong and accuse them of doing it again, you are also preventing the restoration of you relationship.

Infidelity does not often have a happy ending. If you find that you simply cannot salvage your marriage and you are considering divorce, contact one of Mirabella, Kincaid, Frederick & Mirabella, LLC's knowledgeable and dedicated attorneys for an Initial Attorney Meeting.

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 Posted on June 27, 2013 in Main

Not long ago, the major tool used to catch a cheating spouse was a private detective who would follow the suspected cheater and try to get photos of the spouse in the act. But today, with all the intelligence technology that has become so inexpensive and available, it's a lot easier to find out exactly what a philandering spouse has been up to.

However, this technology raises some important legal questions. Last year, the United States Supreme Court ruled that law enforcement using a GPS tracking system to monitor someone's movements constitutes a “search”. The court ruled a warrant must be obtained before a tracker can be put on someone's vehicle. The law about GPS tracking by a private individual remains a gray area.

Some states, like California, Minnesota, Texas and Virginia, allow private individuals to put a tracking device on a person's vehicle if that person gives their consent. Where there is no consent, it is considered a misdemeanor that can result in a fine and a jail sentence of 6 to 12 months.

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 Posted on June 05, 2013 in Main

The organization, Unmarried Equality, reports that in 2012 there were 112 million unmarried adults nationwide, representing 47 percent of the country's adult population. Twelve million of those unmarried adults live with a romantic partner. Between 1960 and 2000, the number of unmarried, cohabitating partners has increased substantially, even more dramatically in recent years. Statistics show that between 1990 and 2007, the number of unmarried couples who were living together increased 88 percent.

Many couples who plan on eventually getting married live together first. About 75 percent report they plan on marrying at some point, and about 50 percent of them get married within the first five years of living together. Forty percent of those couples break up within that five year period and ten percent remain unmarried, cohabitating partners.

What happens legally when couples who are living together break up? The Illinois Parentage Act covers all issues relative to children of unmarried parents; however, Illinois doesn't recognize common law marriage, nor does it award palimony. As such, questions such as support and ownership of property, other assets, and debts the couple may have acquired in their time together could pose legal problems.

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 Posted on May 26, 2013 in Main

During a divorce proceeding, resolving the issues of child custody and visitation rights can be very difficult and costly for both the parties and the minor children. With emotional levels high, children are often affected deeply by divorce. According to WebMD, "children of divorce tend to fall behind in their math and social skills and may not catch up with their peers." These educational challenges can often accompany feelings of anxiety, sadness, and low self-esteem. According to the study, published in a 2011 issue of American Sociological Review, "these problems first surfaced when the divorce proceedings began and did not get better or worse after it was finalized."

After a divorce, many spouses feel the need to cut all ties—to begin a new life in a new place where the bad memories of the failed marriage are left behind. Yet moving can often cause anxiety or stress for children. How does relocating after divorce affect kids? According to a publication issued by the Financial Planning Association (FPA), "it is estimated that 17 to 25 percent of custodial parents move out of the area within the first two years after divorce." That means that up to a quarter of children of divorce face a double psychological whammy: how to navigate the sociological implications of divorce while also dealing with losing their school and social world. Nonetheless, according to the FPA, "there does not appear to be any credible evidence on the effects on children moving away with one parent after divorce."

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