Posted on March 05, 2019 in Property Division

Items that you received as gifts during your marriage are usually considered to be non-marital property. A gift that your spouse gave to you for your birthday or anniversary is non-marital, even though your spouse used marital money to purchase it. However, a divorce court may classify a gift as marital property and subject to division, depending on the intent behind the gift and how you used it. Here are four examples of how a gift can become marital property:

1. Gift for Both: The court will distinguish between gifts that are meant for you only and gifts meant for you and your spouse. Wedding presents are a common example of gifts that are marital property because the giver intended you to use it as a married couple. Your spouse may argue that other gifts were given to you as a couple. You need to explain the reason for the gift and whether your spouse used it.

   Continue Reading ››

 Posted on February 28, 2019 in Paternity

When it comes to artificial insemination and parental rights, there is an important distinction between a known and unknown sperm donor. A man waives his paternity rights and responsibilities when he donates sperm to a medical facility that uses it to impregnate an unrelated woman. The man could not later claim parenting time, and the woman could not force the man to pay child support. However, some men and women enter private agreements for the woman to use a sperm donation to have a child. Illinois courts may not recognize private agreements that claim to waive a father’s parental rights.

Entering an Agreement

Some prospective parents prefer to know the man who will be the biological father rather than using a sample from someone anonymous. They may place a public notice to look for a donor or even ask a friend. When entering a private sperm donor agreement, it is wise for both parties to create a contract that outlines whether:

Continue Reading ››

 Posted on February 25, 2019 in Divorce

Fear is a paralyzing emotion that people going through a divorce will commonly experience. When you give in to your fear, you may avoid actions that could help you overcome that fear. Your fear may prevent you from seeking a divorce, despite being miserable in your marriage. During your divorce, your fear may make you passive when you need to advocate for your own interests. After your divorce, your fear may keep you following the same routines that made you unhappy during your marriage. Conquering your fear means understanding it and resolving to act in spite of it.

Divorce Fears

Divorcees are most afraid of significant change in their lives and the uncertainty of their futures. These can create more specific fears, such as:

• How will I support myself on my own?;
• Can I handle being a single parent?;
• How will the divorce affect my children?;
• Will getting divorced make me happier?; and

Continue Reading ››

 Posted on February 25, 2019 in Divorce

Any public activity is potential evidence in court proceedings, including your social media activity. Anything you choose to share or post can become a legally admitted court document in any court case, including your divorce. Although your short rant about your soon-to-be ex-spouse was temporarily stress-relieving -- not to mention the complete validation you felt when your friends and family members supported you through likes, loves, and comments -- you are less likely to experience the same satisfaction when it comes back to haunt you in the courtroom.

Try These Tips at Home

It is ill-advised to avoid social media entirely. Not only is social media an excellent way to grow and maintain the ever-important support system, but it is also a free source of unlimited information. Be on the lookout for posts regarding you or your ex’s behavior, and enlist a trusted friend or family member to help. Immediately address anything that could be potentially damaging to your case. Simultaneously, anything that could help should be brought to the attention of your attorney immediately. Here are some ways you should use social media to your advantage:

Continue Reading ››

 Posted on February 22, 2019 in Property Division

Your pension benefits are a marital property during your divorce, with some stipulations. Your spouse has a right to an equitable share of the value of your pension that you accrued during your marriage. If you worked towards your pension before your marriage, the value of those years is non-marital property. You can add value to your pension through means other than the number of years you worked. A recent Illinois divorce case decided whether the military service credits that a man added to his state pension are marital property.

Case Details

In the case of In re Marriage of Zamudio, the spouses had filed for divorce in 2014 after 14 years of marriage. The husband has a state pension from his 22 years of working for the Illinois State Police. During the marriage, the husband purchased four years of credit to add to his pension, based on his active military service from 1974 to 1980. When dividing properties during the divorce, the spouses disagreed on whether those purchased credits are marital properties:

Continue Reading ››

 Posted on February 19, 2019 in Divorce and Finances

Being able to afford your divorce may be one of your largest obstacles when you are considering whether to end your marriage. You will need enough money to hire a divorce attorney and support yourself when the process starts. You cannot rely on being able to immediately access the money in your marital accounts, which may be frozen. If you are financially depending on your spouse, it could take months to establish spousal maintenance payments. In order to afford a divorce, you can start saving money while married and consider other sources of financial support.

Emergency Fund

You need a source of money that is independent of your marital bank account. It could be an individual savings account or cash, as long as it is secure and easily accessible. Your savings should come from individual sources of income because taking the money from a joint account will draw suspicion from your spouse. The money could be:

Continue Reading ››

 Posted on February 19, 2019 in Asset Division

Today, nearly three million ex-spouses within the United States earn Social Security benefits from their former spouse's work records. If you or your ex have Social Security benefits and are officially divorced, you may want to know what rights you have under the law. Additionally, if you are considering divorce, you will want to understand what your spouse is likely to claim in the future. This information can directly impact the divorce judgment with regards to property division and support claims. Consider the following regulations:

Length of Marriage

According to the United States Social Security Administration, if you are divorced, but your marriage lasted at least ten years, an ex-spouse can receive benefits from another spouse’s record. An ex-spouse is still eligible even if the benefiting spouse has remarried. However, if the non-benefitting ex remarried, they can no longer make a claim, unless their new marriage ends, either by death, divorce, or annulment.

Continue Reading ››

 Posted on February 14, 2019 in Child Custody

Since 2016, Illinois has used the term “allocation of parental responsibilities” instead of “child custody.” The name reflects that parenting after a divorce or separation is a shared responsibility, not just a determination of who gets to keep the kids. Each parent must fulfill his or her assigned responsibilities when the children are with him or her. If one parent is incapable or unwilling to assume those responsibilities, then a court may give sole responsibility to the other parent.

Caretaking Functions

Illinois’ Marriage and Dissolution of Marriage Act has a list of parental responsibilities, which it calls “caretaking functions.” There are eight functions that parents are expected to provide for their children during their parenting time:

1. Attending to a child’s nutrition, health, safety, and hygiene;

   Continue Reading ››

 Posted on February 12, 2019 in Child Custody

In many homes, a family may move away from relatives and friends to follow the course of one spouse's career. If, however, the marriage comes to an end, it is only natural that at least part of the family will wish to return home. Or, in another situation, a divorced parent may find another job that removes them from the location of their original family home. Circumstances change continuously, and there are laws designed to help determine the appropriate course of action for families who find themselves in relocation situations. Illinois relocation laws say:

Advanced Notice

When a parent chooses to relocate with a child, they must provide advance written notice to the other parent. This notice must include:

• The intended moving date;
• The intended new address;
• Whether the move is permanent, and if not, it must consist of the length of stay; and

Continue Reading ››

 Posted on February 11, 2019 in Divorce

Teachers have a lower divorce rate as compared to other professions, but those who do get divorced face unique challenges. As a teacher, your primary concern is usually for your students. Your caregiving nature likely extends to your home life, as a spouse and parent. During your divorce, you may be focusing on your own needs more than you are accustomed to doing. It is important to take care of yourself during your divorce and plan how you will balance your teaching career with your personal needs.

Taking Time Off

Most divorcees use occasional personal days in order to attend meetings or court hearings. Teachers must also be aware of their emotional state and how it may affect their students:

• You must be able to make it through the school day without emotionally breaking down in front of your students; and
• Being distracted by your divorce may make you less attentive as a teacher.

Continue Reading ››