Recent Blog Posts
How Mediation Aids in Child Custody Disputes
If you are your partner agree on some subjects related to the divorce but are torn on child custody, mediation may offer an alternative method that allows for an expeditious solution and civil relations with the other party. Some couples don’t want the added complication and expense of going through litigation, and mediation provides a forum with a neutral third-party mediator focused on helping you reach a resolution.
Illinois Supreme Court rules indicate the importance of child custody proceedings that are child-focused, fair, and expeditious. The Supreme Court has continued to research and expand mediation efforts across the state with regard to child custody.
Baby Boomers Divorcing in Greater Numbers
Warning: stripos(): Offset not contained in string in /home/ocvaws/public_html/domain_coresdivorcelawyers-dev.com/components/com_easyblog/easyblog.php on line 6
Child Support and Remarriage
Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.
Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."
Child Visitation: Making it Count for the Holidays
Current statistics indicate that nearly 50 percent of marriages end in divorce, and unfortunately, the holidays can be an emotional and stressful time for families dealing with a fresh divorce or separation. However, during this time of change, it is important to focus on the needs of any children involved and to establish child visitation for each parent.
Willingness to compromise during the holidays may sound impossible, depending on the nature of a couple’s divorce or separation. However, one helpful idea, according to certified Marriage Educator Cathy Meyer, is agree to “shift your holiday celebration to the day before or after, allowing the child to enjoy two celebrations without having to make a choice. Parents can also alternate years for holidays, with one parent having the child on Thanksgiving Day for example, while the other parent has Christmas Day.” Once visitation is established, parents can then make the most of the time they have with their children during the holidays.
Supreme Court to Decide International Child Abduction Case
Warning: stripos(): Offset not contained in string in /home/ocvaws/public_html/domain_coresdivorcelawyers-dev.com/components/com_easyblog/easyblog.php on line 6
First Same-Sex Marriage Illinois--Effective Date May Change
In November, Illinois Governor Pat Quinn signed family law legislation allowing same-sex couples to marry beginning in June. The bill passed the Illinois House early in a November by an extremely thin margin. The law needed 60 votes to pass and received 61.
The law, though passed a few weeks ago, cannot take effect immediately in Illinois due to the state constitution. All legislation passed after May 31st in any year cannot take effect until after June 1st the following year without a three-fifths majority vote in each chamber (instead of the typical one-half).
However, in a unique twist, Illinois just had its first same-sex wedding. On Thanksgiving Day, Patricia Steward and Vernita Gray, the latter being terminally ill with cancer, were given an expedited marriage license by a federal judge. The federal court decision is somewhat unique, in that it appears to contravene state requirements which would not allow these marriages to take effect for several months. There is technically not any exception in the state constitution even for tragic cases like this one affecting Steward and Gray.
The Effects of Divorce on Men
Divorce is not easy on any one who is involved. There are various studies that show the effects that divorce has on women and children. Some women may become sad from being out of a relationship while others find a particular freedom from being out of a bad situation. Children can be ever more devastated by a divorce. But the effect on men was revealed in a recent study.
The study is called “The Influence of Divorce on Men’s Health” published in the Journal of Men’s Health. It was a joint study by Dr. W. David Robinson of Utah State University and Dr. Daniel S. Felix of the University of Nebraska-Lincoln. They connected the trauma of divorce with various physical ailments such as heart disease, stroke, and high blood pressure.
When is a Prenup Considered Invalid?
Occasionally, people decide that they need a prenuptial agreement before saying yes to marriage. That can be to protect assets such as a home or business in the event of a divorce. It is easy to understand a prenup if you consider it a type of contract in case the marriage ends. The prenup will define how assets will be divided and acts as a blueprint for other aspects of divorce including spousal support.
Prenuptial agreements are appropriate for those with a large amount of assets or a small amount and are becoming more popular in the last couple of years. However, a prenuptial agreement is not always considered valid if certain mistakes are made during the process. In order to avoid those critical errors, it is important to understand what they are.
The Tax Consequences of Divorce
Ordinarily, the transfer of property comes with some sort of tax consequences. Since divorces can involve a lot of property transfer, you might expect complicated taxes surrounding them. Fortunately, the IRS exempts from taxation most property exchanges that take place in a divorce; however, appreciated assets, like stocks, and retirement accounts both come with particular tax issues.
General Tax Rules
Section 1041 of the Internal Revenue Code governs transfers between spouses and transfers related to divorces. The law generally exempts transfers so long as the transfer happens prior to the finalization of the divorce. The code also excuses transfers made after the divorce, so long as they are “incident” to it. A transfer counts as incident when it occurs within one year of the end of the marriage, or within six years of the end of the marriage if the divorce agreement requires such a transfer.
Prenuptial Agreements: Do They Make Sense for You?
People often think that only the extremely wealthy need prenuptial agreements; however, with divorce now a common event in people’s lives, more and more couples can benefit from using them. While many people, understandably, find such topics uncomfortable to discuss before a wedding, the protection prenuptial agreements provide can save much heartache later.
How Prenuptial Agreements Work
In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act. This act sets out the general rules about topics that premarital agreements can regulate, which include:
- The rights and obligations of the parties regarding any property;