Although 50/50 parenting time is on the rise, most Chicago-area divorce cases involving children and custody cases still result in one parent being the primary residential custodian. The parent who has less time with the children is usually known as the non-custodial...
If you are considering filing for a Chicago divorce or think your spouse may be filing, you may want to gather all financial records and documents. You may need the receipts and bills to support your financial affidavit. If you divorce in Chicago, the court rules...
Entering into an attorney-client relationship is a two-way street. You as the client decide which attorney you would like to retain. The attorney gets to decide whether to accept you as a client and, later, whether to keep you as a client. Your attorney can terminate...
Some people going through divorce are in a real rush to wrap it up as fast as possible. While it is understandable to want your divorce behind you, you need to be mindful that you do not skip steps or agree to terms that you will regret just so you can get your...
One of the most complex issues in a Chicago divorce is that of maintenance ("alimony"). How much maintenance or alimony is paid? Is it paid temporarily or permanently? If you are divorcing in Illinois, imagine you agree to pay your former spouse a fixed amount of...
Since it is Valentine's Day, I am sharing what I have learned about marriage from being a divorce lawyer. Every marriage is unique so not all of these insights will apply to all marriages. 1. Before marrying, ask yourself the hard questions: Can I live with his or her...
The press has reported that a number of celebrities have "infidelity clauses" in their prenuptial agreements. Jessica Simpson, Catherine Zeta-Jones, and Chelsea Clinton are said to have prenups that entitle them to large financial payments if their husbands commit...
One of the most common dilemmas that divorcing people face is whether to move out or stay in the marital home. If domestic violence or threats of it exist, the couple should not continue living together. But if the physical safety of the couple and their children is...
In Jewish wedding ceremonies, the couple signs a ketubah,a Jewish prenuptial contract. Historically, a ketubahwas signed to protect a wife and specified the husband's obligations to her. Ketubot (plural of ketubah)stated a financial settlement the wife was to receive...
Prospective clients frequently want to know how much their divorce will cost. One of main components of the cost of the divorce is legal fees. Although I am unaware of any published statistics, most Chicago family lawyers charge hourly for their legal services. There...
If you have a spouse that does not report his or her income, it could have severe negative effects should you get divorced. Your spouse may demand alimony, referred to as "maintenance" in Illinois, by claiming his or her income is significantly less than it really is....
The Illinois Department of Revenue recently announced that civil union couples will be able to file their state taxes jointly, just like married couples. Civil union couples may elect to file "married, filed jointly" or "married, filed separately". Civil union couples...
There are many things to think about when divorcing. What to do with the marital home is one issue that often is not really thought through. This may not be an easy issue to work through, especially in the current real estate market, as there are a number of legal and...
People should be commended for wanting to divorce amicably, if possible. That said, mediation can be detrimental to some. Mediation can be particularly risky if you do not have an attorney advising you. (1) A mediator does not represent you so he or she is not looking...
Illinois' new civil union law will be put to the test. Alisha Brennon and Christina Santiago entered into a civil union in Illinois this summer. After their civil union, Santiago died when a concert stage collapsed in Indianapolis, Indiana. Brennon recently filed a...
I have been asked several times recently whether a same-gender couple that married outside of Illinois should enter into a civil union in Illinois. A couple that married or entered into a civil union in another jurisdiction does not need to do anything for their legal...
If your spouse or another member of your household has demonstrated or threatened violence, you should be aware of the Illinois Domestic Violence Act ("IDVA"). Living with domestic violence, or the threat of domestic violence, is a dangerous situation and the law...
The first same-gender divorce has been filed in Illinois. Mark Bayer and Dr. Nathan Fredrick married in Canada and moved to Peoria for Dr. Fredrick's career as an emergency room doctor. Bayer, a nurse, injured his back during the marriage and is no longer able to...
Some attorneys feel that DuPage County favors the spouse with less income compared to Cook County. Although I am not aware of any hard data tracking it, there is a perception that housewives get better awards of maintenance ("alimony") in DuPage, which is considered a...
A North Carolina mother lost primary custody of her two children in large part because she has Stage IV breast cancer. The judge reportedly decided that the children, aged 11 and 5, were better off in Chicago where their father lives and works because of the mother's...
Dissipation of marital assets occurs when one spouse wrongly spends marital income or marital assets for an improper purpose. If the expenditure did not benefit the marriage or the family it could be considered dissipation. An example of dissipation could be gifts or...