Posted on December 00, 0000 in Main

Determining a custody arrangement for children of divorcing parents or parents who have never married can be a complicated and complex legal matter. Especially when one or both parents contest a custody arrangement, court proceedings and the interactions between the parents can become extremely hostile and acrimonious.

In 2006, the Illinois Supreme Court established new rules to try to avoid drawn-out custody proceedings that tend to have a highly negative impact on the child or children in question. The Court adopted Supreme Court Rules 900-942 to try to ensure that custody determinations would be made as quickly and as amicably as possible, while continuing to focus on what arrangement is in the best interest of the child. For example, Rule 905 requires family courts to provide mediation programs for parents to try to solve custody and visitation arguments outside of the courtroom. While mediation can be extremely helpful, it does not always work, and it is usually imperative for parents in a custody battle to consult with an experienced family law attorney to understand how courts make custody determinations and to try to resolve a custody dispute efficiently and favorably. An experienced family law attorney can also help parents to avoid contentious custody disputes and work on a mutually-agreeable custody arrangement without the cost and pain of extended litigation.

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 Posted on December 00, 0000 in Main

For several years, the cost of higher education has received a great deal of (negative) attention. Forbes reports that college costs, which rose sharply between 2000 and 2012, have increased at a slower pace in 2013. However, the availability of federal grants and loans, which help to minimize the out-of-pocket cost of college for many families, decreased in 2013. Today, the average college student graduates with $27,000 in debt. Additionally, tuition rates are increasing at twice the rate of inflation, and tuition rates do not even consider the cost of room and board, which can be more than the tuition itself each year.

The financial stress of paying for a child's college education can be exacerbated for parents who have gone through a divorce. While parents often set up college savings accounts, such as 529 savings plans, for their children's college, finances are often stressed because of divorce, leaving little extra money to go towards a college savings plan. And if a savings plan has not already been set up, doing so during or after a divorce is often extremely financially difficult. In an ideal world, parties could come to an agreement beforehand as to how to deal with contribution towards future college expenses for their children, but in reality, divorcing couples often cannot agree as to how the expenses should be shared or how much money should be set aside for college.

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 Posted on December 00, 0000 in Main

As more women take on roles outside the home than ever before, female breadwinners are becoming more common in U.S. families. While this is certainly something to celebrate for those women who are increasing their earnings and career potential, it is also creating some unique challenges for the modern family. The Pew Research Center recently published findings showing that women are now the primary breadwinners in 40 percent of families—a dramatic difference from 11 percent of families in 1960. This change in income dynamics can cause conflict, arguments between spouses, and even a higher likelihood of divorce.

Some research has identified that divorce rates are higher—up to perhaps even 50% higher—for couples where the female out-earns her male partner. Certainly, gender roles in the home are changing as some families make the decision that the male will stay at home and care for the house and any children. Some couples may find the change of pace refreshing, flexible, and accommodating; on the other hand, this arrangement may be difficult for particular couples to adjust to and may bother certain partners. Women can potentially feel overloaded with responsibility, and can be made to feel as though they must choose between their family and their career. Men may potentially feel threatened by a female partner who earns more money and resent her position. These stressors can cause arguments and disagreements between spouses and can cause serious conflict in a marriage.

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 Posted on December 00, 0000 in Main

Regardless of when you file for divorce, your tax status—whether you can file jointly with your spouse or must file individually—depends on your marital status as of the last day of the year (December 31). For example, if you have filed for divorce but are still legally married on December 31, you can file a joint return with your spouse for that year; if, however, you have officially divorced as of December 31, you can no longer file jointly for that year. Wherever you are in the separation process, there are a few things to keep in mind to relative to filing your taxes.

Filing Jointly

Filing returns jointly usually provides a benefit to spouses, as it usually leads to a lower tax liability. For this reason, spouses often file jointly (even if they are going through the divorce process). However, according to the Internal Revenue Service, both spouses are jointly and individually responsible for taxes, penalties, and interest due on any joint tax return filed for a year that ended before your divorce. This rule applies even if a divorce agreement states that a former spouse is responsible for these amounts (in other words, the IRS is not bound by an agreement entered in a family court). However, a spouse may be able to file for relief from IRS liability. There are three types of relief:

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 Posted on December 00, 0000 in Main

If you are the parent of stepchildren and are worried about filing for divorce in Illinois because of what might happen to your relationship with your stepchildren, you'll be happy to know that, under certain circumstances, a stepparent may be able to get visitation or custody rights.

The Illinois Marriage and Dissolution of Marriage Act allows stepparents to file for custody of their step children in certain cases. In order to commence a custody proceeding of stepchildren, the following conditions must be met:

• The child must be at least 12 years old;
• The custodial parent and stepparent must have been married for at least five years, and the child must have lived with them during that time;
• The custodial parent must be deceased or disabled and unable to perform his or her parental duties;

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 Posted on December 00, 0000 in Main

“Let cooler heads prevail with these men and women who work for the cause with all their hearts, with cool heads and skilled hands will master every fate” – Gustav Krupp.

Perhaps this German diplomat from the late 19^th Century was onto something. In today's parlance, this phrase is known as simply: “don't lose your cool.”

For couples facing divorce, this should become each party's daily mantra, though it's certainly easier said than done. The divorce process is such a powerful, emotional experience that it is often equated to the experience of the death of a loved one. Such an experience could evoke an overload of emotions that come bubbling to the surface. There are ways, however, to ensure that you do not lose your cool and “let cooler heads prevail.”

Step 1: Set Realistic Expectations for Family and Friends

A divorce not only means the final division of assets and property, but also the division of family and possibly friends. It is important to keep in mind that you are likely not the only one experiencing anxiety over the dissolution of your marriage. Therefore, don't feel offended or betrayed if not everyone you know is your personal cheerleader. Be forgiving and take comfort that those standing by your side at the end—and there will be friends and family standing by your side at the end—truly believe in you and love you.

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 Posted on December 00, 0000 in Main

Perhaps you did not see a divorce coming. Perhaps you missed all the red flags, and attributed the lack of communication, intimacy problems, and petty arguments over finances to work-related stress. Perhaps you were completely blindsided by the possibility of a divorce.

Coming to terms with a pending divorce is an extremely emotional endeavor, but it's best to start preparing for reality as soon as possible. Your first line of defense should be to schedule an initial consultation with an experienced Illinois divorce attorney.

Before your first appointment, run through the following checklist to calm divorce discussion jitters and to help ensure a level playing field in the future:

Emotions and Finances

Just like old team rivalries, dealing with the finances in a divorce can be rough. When it comes to discussing pre and post-divorce financials, don't let your emotions get in the way, instead let the numbers calculate the outcome. Your attorney should be able to thoroughly analyze you and your spouse's financials and advise as to what the numbers show and how you can obtain the best financial outcome.

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 Posted on December 00, 0000 in Main

In 2012, the number of individuals in the United States who filed for divorce rose for the third year in a row. All three of those years were following a major recession, perhaps indicating a link between economic improvement and the number of people seeking a divorce.

Though bad news for those who do not want a divorce, the upswing in the number of people filing for divorce could be an indicator that peoples' personal financial situations are improving—meaning, those who file for divorce now have the ability to pursue a divorce where perhaps previously poor finances would have prevented them from filing.

When the economy is in a recession, and especially when unemployment numbers are up, people tend to avoid potentially costly big life changes if they can. And it's not just the legal fees people are trying to avoid; for example, couples who want to divorce often have property that should be listed for sale. In the midst of a bad housing market, these couples might decide it simply doesn't make sense to divorce and split finances when they could wind up losing value on their property.

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 Posted on December 00, 0000 in Main

Mediation is a useful tool for all divorcing couples to help resolve issues related to the divorce outside of the courtroom. Mediation may have some added benefit, however, for Jewish women who are able to obtain a divorce in civil court, but who may be denied (by their husbands) a Jewish religious divorce , known as a “get.” According to the Huffington Post, this problem is becoming a crisis for Jewish women whose husbands refuse to allow a get. By utilizing mediation, however, women may be able to obtain both a civil and religious termination of their marriage. There are several reasons why the use of mediation may be a better alternative for women potentially facing this issue.

To start with, mediation can remove the potential for courtroom drama, which could cause an Orthodox religious man to feel embarrassed or that he is being treated unfairly (which could be reasons for denying a get). Additionally, instead of focusing on the civil litigation aspect of ending a marriage (which can cause anger, frustration, and resentment), mediation allows for the possibility of more creative solutions, tailored for the parties and created by them rather than by strangers. Having more control over life post-divorce through creative mediation settlements can also reduce some of the tension between a divorcing couple, allowing them to find more common ground. All of this could lead to a husband being more open to the idea of a get than by simply pursuing civil litigation alone.

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 Posted on December 00, 0000 in Main

There are two “dueling” bills currently pending in the Illinois legislature that relate to divorce and parenting time (otherwise known as visitation). The passage of one of the bills, House Bill 1452, would introduce sweeping changes to the Illinois divorce laws. The other bill, House Bill 5425, focuses only on setting new standards and presumptions for parenting time for non-custodial parents.

Although there is not one single “standard” visitation schedule for non-custodial parents, a common default arrangement gives a non-custodial parent visitation every other weekend and one or two evenings for dinner during the week. Many in the family law profession believe this default schedule needs to change. In 2008, the Family Law Study Committee was formed to address proposed changes to Illinois divorce law. Members of that committee included family advocates, attorneys, and members of the legislature. Their recommendation was that giving both parents equal parenting time is often in the best interest of the children and, therefore, Illinois law should reflect that idea.

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