Recent Blog Posts

 Posted on March 20, 2017 in Collaborative Law

There are many alternatives to litigation when it comes to divorce, including mediation and collaborative law. When these alternatives are successful, the parties must still submit a final agreement to the court. A settlement agreement, after all, is a legally binding contract. But at what point is the settlement binding? Can you agree to a settlement and then change your mind at the last minute? A recent Illinois divorce case illustrates how courts may deal with such a scenario.

Court Rejects Husband's Effort to “Back Out” of Agreement

The parties in this case were married for about 16 years. The wife filed for divorce in 2013. Following a lengthy financial discovery process, their case was scheduled for trial at the end of 2015. At a scheduled deposition in October 2015, the parties opted to have a settlement conference instead.

The parties emerged from the conference with an oral agreement, which they presented to the trial judge. The wife's attorney read the terms of the deal to the judge. The judge then asked both the husband and wife if they had participated in the negotiation of these terms, that they understood those terms, and they “agree to bound” by the. Both spouses responded yes to all three questions. Based on this, the judge ordered a follow-up hearing, at which time the parties would present a final written agreement incorporating the terms of the oral settlement.

Continue Reading ››

 Posted on March 07, 2017 in Property Division

A divorce is rarely an easy undertaking and, in some cases, can be extremely complex, especially if you fear that your spouse is not being honest about his or her financial situation. Hidden assets can prevent the court from putting together an accurate assessment of the marital estate, which could affect not only the property division process but issues related to spousal and child support as well.

What is a Hidden Asset?

While it is possible for a spouse to hide assets while living in the marital home during the marriage, it becomes even easier to hide assets following a separation. If you and your spouse are living apart, he or she could have opened secret accounts, started working under the table, received gifts from friends, or made undisclosed investments. Hidden assets may also take the form of physical items like jewelry, furniture, artwork, and real estate.

Revenue streams and income are often hidden by a spouse simply neglecting to disclose them during the divorce proceedings. It is also possible for a spouse to ask friends or family members to hold on to certain items or assets until the divorce is finalized. Physical items may actually be hidden in a safety deposit box or other discrete places as well. Regardless of how an asset is hidden, if discovered, the court will not look favorably on the behavior and may even order sanctions to be paid by the offending spouse.

Continue Reading ››

 Posted on March 06, 2017 in Finances & Divorce

While a marriage or divorce is often the result of a combination of emotional factors, it impossible to deny that finances play a major role in both. In marriage, tax benefits are generally available for both spouse, and the idea of combining two incomes is often a motivating factor—especially for younger couples looking to make ends meet.

Similarly, divorce also effects requires a number of financial changes and places economic demands on recent ex-spouses who must adapt to living on their own. It is little wonder that health of the national economy can be an influential force when it comes to keeping a marriage together or tearing it apart.

Money Matters

It may seem logical to assume that struggling economy would make life more difficult for married couples, creating added stress and pushing them toward divorce. In reality, however, the opposite seems to be true. Tough economic times tend to affect everyone in certain ways, but statistics suggest that a recessed economy actually keeps couples together rather than driving them apart. For some couples, this may be a result of trying a little harder in difficult times. For others, however, the question is simply one of money.

Continue Reading ››

 Posted on February 24, 2017 in Child Custody

Allocating parental responsibilities often involves more than just parents and children. Grandparents and other family members often play a critical role in a child's life. For this reason, Illinois low allows grandparents to seek court-ordered visitation rights with a child.

It is important to understand that the law presumes that a parent is fit to make decisions regarding their child. This includes where and when to let a grandparent visit. If, however, the grandparent can prove to the court that the parent's denial of access is both unreasonable and harmful to the child's "mental, physical, or emotional health," a judge can override the parent after considering a number of factors.

Court Holds Oral Visitation Agreement Unenforceable in Illinois

But what about cases where a parent has severed their legal parental rights by consenting to their child's adoption? Can the grandparents still seek visitation rights? An Illinois appeals court recently answered that question in the negative.

Continue Reading ››

 Posted on February 17, 2017 in Property Division

When a couple gets divorced, one of the most contentious aspects of the process involves the identification and division of marital property. For many couples, the marital estate is a physical representation of their life together, making it very difficult for the parties to reach a reasonable resolution.

If you and your spouse cannot come to an agreement regarding your property, the issue will be left to the court to decide. Such a situation leads many to assume that the court will simply divide the marital estate into equal halves, and allocate 50 percent of the marital property to one spouse and 50 percent to the other. According to Illinois law, however, this is not exactly the case.

Equitable Distribution

The Illinois Marriage and Dissolution of Marriage Act provides that during a divorce, marital property is to be divided between the spouses in a manner that is equitable and just. The law does not promise or even imply that each spouse should receive an equal share. Instead, the court is required to consider the totality of the situation in determining how to allocate the marital estate.

Continue Reading ››

 Posted on February 10, 2017 in Gray Divorce

Over the last several decades, the phenomenon of gray divorce or the divorce of couples consisting of partners aged 50 and over has been on the rise. More than two-thirds of these types of divorces are initiated by the wife, and in at least one survey, over half of the women who responded said that they initiated the divorce due to spousal abuse. In most cases, the divorce was the result of emotional abuse.

In an emotionally abusive marriage, one spouse manipulates the other using methods such as criticism, intimidation, or bullying. The victim can do "nothing right," and the cycle of abuse continues. This type of abuse is often present at the beginning of the relationship, but is usually concealed as love, concern, or even humor. It often takes years—sometimes many years—for victims to realize they are being abused, if they realize it at all.

Warning Signs of an Abusive Marriage

One of the most obvious red flags of an emotionally abusive relationship is a lack of autonomy for one spouse. When this is the case, one spouse has too much control over the other. In cases where women are the victims, the woman must watch what she says, wears, or does out of fear of reprisal. Her spouse may have specific rules—often inconsistent—that she must follow or there will be conflict. Although it takes time, many women finally realize they are in an abusive marriage, and a percentage of such women find the strength to end their marriages.

Continue Reading ››

 Posted on February 06, 2017 in Divorce

Most married couples look forward to sharing a bed after a long day. Spending time being physically close to your partner is an important component to any romantic relationship. A lack of physical intimacy is often associated with a higher likelihood of divorce. According to a study by the National Sleep Foundation, however, many married couples are choosing to sleep in separate bedrooms.

A Better Night's Rest Can Lead to a Healthier Relationship

Whether we like to admit it or not, most of us have at least some annoying nighttime habits. Some snore loudly or toss and turn; others talk in their sleep or sleepwalk. A person may get up to go to the bathroom several times throughout the night or be unable to stay asleep because of insomnia or other health issues. All of these interruptions can lead to a very unrestful night for a partner sharing the same bed. After a night of being interrupted and getting little quality sleep, a person is likely to be grumpy and irritable. Some may even feel anger or resentment towards their partner for disrupting their sleep – even if they know it is not their partner’s fault. This resentment can build up over time and be a catalyst for arguing and poor communication between spouses.

Continue Reading ››

 Posted on February 03, 2017 in Property Division

During a divorce, it is not uncommon for spouses to make all sorts of accusations against one another. Some, as you might expect, are fairly reasonable while others may border on the completely outrageous. One of the most common allegations that tend to arise in a divorce case is that of dissipation. Dissipation refers to the wasteful spending, intentional destruction, or negligent devaluation of marital property and is a very serious charge.

Why Does Dissipation Matter?

In the course of a marriage, spouses have the freedom to do whatever they want their property. The can spend frivolously, save carefully, or find a balance somewhere in between. Divorce law in Illinois provides, however, that once the marriage has begun to irretrievably break down, how each spouse spends money becomes a matter of interest to the other spouse. This is because Illinois law requires that the marital property of a couple shall be divided equitably between the parties during the divorce. If one spouse wastes assets before the divorce can be finalized, he or she denies the other spouse the opportunity to receive a share of those assets.

Continue Reading ››

 Posted on January 24, 2017 in Divorce

In a recent post on this blog, we talked a little bit about how social media can be dangerous when you are going through a divorce. If we are being fair, however, the dangers of social media are only half the story. It is also very possible for social media posts—such as those on Facebook, Twitter, or Instagram-to be used to your advantage during your divorce proceedings. As you approach your divorce, there are some things to consider that could help you—especially if your spouse has a tendency to overshare on social media.

The Internet Is Forever

For generations, divorce cases have relied on a great deal of “he said, she said” testimony and evidence. A battered spouse, for example, who never sought medical care or help from law enforcement could only present her interpretation of the situation verbally. With the rise in popularity of social media sites, evidence from such sites is finding its way into the courtroom. In fact, a recent survey of divorce lawyers reports that more than 80 percent of them have seen social media evidence increase in their divorce cases.

Continue Reading ››

 Posted on January 21, 2017 in Divorce

In the course of a normal day, how often do you open a social media app on your smartphone to see what is happening with your friends and acquaintances? If you are like most people, there is a good chance that you log on to Facebook, Instagram, Twitter, or Pinterest at least once a day. Among younger demographics, the likelihood is even greater. While social media sites can be fun, informative, and entertaining, they can also pose challenges to those who are going through the process of divorce. Sometimes, social media posts can even find their way into the courtroom as evidence.

The Myth of Online Privacy

Most social media sites and apps have privacy settings that allow you to control who sees what you post. It is easy to believe that by applying the right settings you are completely protected. Unfortunately, things are not quite so simple. You could, for example, set your account so that only your “friends” are able to see your posts, and, since your soon-to-be-ex-spouse is not one of your friends, you should be fine. But, what about those who are friends with both you and your estranged partner? What are the chances that they will see your posts and share them with your soon-to-be ex? No matter how strong someone’s good intentions may be, some people attracted to what they see as drama, and few things are more dramatic than a juicy divorce situation.

Continue Reading ››