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Recent Blog Posts
Lawyers Carving Out New Niche for Divorcing Men
Divorce lawyers seeking an edge in a crowded legal marketplace have found a niche they say pays off in good times and bad: appealing to men who fear getting a bad deal.
With sports magazines in the waiting room and radio and TV spots that promise to put men first, "divorce for men" law firms position themselves as the best defense a soon-to-be-ex-husband could have in the struggle to keep his kids, his house and his money.
They say their expertise lends firepower in situations where other divorce lawyers might cave, and they coach men on how to avoid certain snares. For instance, if you want to stay in your house, steer clear of confrontations—especially in front of witnesses—that could provide fodder for a restraining order.
Such firms charge about the same hourly rates as other family-law practices—generally in the range of $200 to $350 an hour, plus a retainer.
Marriage Outside The Faith Leading To Disinheritance
A few years back the Huffington Post told a story of a different kind of will. Max Feinberg, a dentist in Chicago, wrote his will with an unusual catch to honor his faith: none of his grandchildren would inherit any money, unless they married someone who shares their Jewish faith.
Feinberg's will led to family feuds that ended up in court, until the Illinois Supreme Court ruled unanimously that Feinberg and his wife had the right to disinherit any of their grandchildren if they married outside the faith. Justice Rita Garman wrote in the ruling: "Equal protection does not require that all children be treated equally ... and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions." This Supreme Court ruling overturned two lower court rulings.
Misconceptions About Divorce and Property
Divorce is not a taboo in today's society, and people hear stories about other people's divorces all the time. It is important to realize that not everything you hear is fact, but the tales you have heard from your friends and coworkers might actually be world-class fiction. Here are a few common misconceptions and explanations of how these things work in reality :
1. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that courts divide marital property 50-50.
In actuality, the IMDMA does not require an equal division. It requires a just one. It is common for courts to give a greater share of the marital estate to the economically disadvantaged spouse.
2. In case of a divorce, I will be entitled to my share of the property that my spouse inherited in their name alone during the marriage.
Talks Continue in Cruise-Holmes Divorce - No Sparks Flying Yet
As they continue to hammer out a divorce settlement, Katie Holmes and Tom Cruise released a joint statement today.
"We are committed to working together as parents to accomplishing what is in our daughter Suri's best interests. We want to keep matters affecting our family private and express our respect for each other's commitment to each of our respective beliefs and support each other's roles as parents," read the statement to ABC News from their reps.
Sources close to the case tell ABC News that the focus is on Suri and that "both sides in the case have said from the beginning that she is their main concern."
Holmes, who filed for divorce from Cruise last week, is seeking sole custody of their six-year-old daughter, Suri.
In a case of art imitating life, the actress' next film role will be playing a single mom.
Next week, Holmes, 33, is scheduled to start production on her new film, "Molly," about a single mother and her daughter, according to People magazine. Holmes co-wrote and is co-producing the film.
Critical Documents For Your New Spouse
After your wedding, it is easy to fall into that post-wedding bliss and forget about things that need to be taken care of in the real world. It is crucial that you take the time to fill out some basic legal forms for you and your new spouse. These documents include papers like the living will, powers of attorney, and HIPAA authorization forms.
Here are a few things you need to consider, even though you might not want to talk about such issues right after tying the knot.
Who will get what? Wishes regarding asset distribution.
Most people have belongings that hold more value, whether sentimental or financial, to someone other than their spouse. Even the most honorable families can be taken over by greed, so just telling your spouse that your old ice hockey card collection should go to your nephew might not be enough. To make sure your assets go to the person you want them to go to without a lot of pointless drama, have these wishes included in a proper legal document. Basic asset distribution can be laid out in a basic last will.
Pets are also affected during divorce
While battles over child custody are well known, in some cases, divorcing couples have emotional arguments over ownership of the couple's pets. Often, the pets are just as affected by the divorce as the couple, yet couples have trouble deciding what to do with the pets after the divorce is finalized.
Shelter officials say that in most cases, couples are able to work out some type of custody agreement for pets, but in rare occasions after a separation or divorce, the pets will be surrendered to a local animal shelter. Currently, marital troubles are the sixth most common reason for voluntarily surrendered animals in the United States. But officials add that these statistics only include owners who specifically state a disintegrating marriage as a reason for surrendering their pets. Many more will be left at shelters or simply abandoned.
Illinois Law Regarding Adult Adoption
For many people who do not have biological heirs to leave their estate to, adopting an adult who shares a close relationship is a viable option. The state of Illinois does allow for adults to be adopted, and the process is much easier than that to adopt a minor child.
When a person adopts an adult, only the consent of the person to be adopted is required. This consent is to be in written form in order to be valid. And state law requires that the person to be adopted has lived in a parent- child relationship with the person petitioning to adopt them. Many times, elderly persons will adopt adult caregivers as a way to ensure that they have someone in place who can give them end of life care before that care is needed.
The relationship can be one of several types that also exist when the persons are family by blood or by remarriage: Step children, grandchildren, sibling, first cousin or other relationships can qualify as a parent child relationship. Just as our definition of what defines a family has expanded over the last few decades, the court has followed that example to allow several different family units to be considered when looking at adoption for adults.
Prenuptial Agreements
A prenuptial agreement is a written contract between two people, who are about to marry, where both parties agree to the ownership and division of assets, property and future earnings in the event the marriage ends. The Illinois Uniform Premarital Agreement Act (750 ILCS 10/) is a very concise law that governs prenuptial agreements for the state's residents.
There are certain guidelines that the law requires in order to ensure that the prenup is valid. The agreement must be a written one; the courts do not recognize oral agreements. It must also be notarized. The agreement must also be entered into voluntarily by both parties. If it is later proven that either party was forced to enter into the agreement, or did so under duress or pressure, the courts can ignore the agreement when deciding the division of the marital estate. The agreement must also be fair to both parties and not leave either one destitute.
Families Do Not Always Agree
As we all have heard, and have probably experienced, families do not always agree. On occasion, even when a person has planned their estate and has a will, families may argue over the will and whether it is in fact enforceable. Sometimes a family member may find the will suspicious and believe that the will is not what the deceased intended. In those situations, disputes among a family may arise, especially when a family member decides to contest the deceased's will. Contesting a will is when a person formally objects to the will claiming that the will is invalid and unenforceable. A family member may have the right to contest a will if they were a beneficiary of the will or would have been a beneficiary of the will if the deceased had died without a will or in legal terms, died intestate.
A family who choses to contest a will must have a good reason for contesting the will. For example, if the family member believes that the will was signed at a time when the deceased did not have sufficient mental capacity would be a sufficient reason to contest a will. AARP identifies other valid reasons other than capacity for contesting a will such as undue influence, improper execution (i.e. no signature), and fraud.
Professional Legal Help in Illinois Child Custody Disputes
Child custody is often the most emotional and difficult issue to deal with in a divorce action. A number of decisions have to be made and incorporated in the Illinois court's final order, including, but not limited to, the following:
- Conservatorship (Joint Managing Conservator or Sole Managing and Possessory Conservator)
- Parental rights and duties concerning the children, such as who will make decisions related to education and invasive medical procedures, and if there will be a geographical restriction as to where the child/children may reside;
- Who will pay child support and how much; and
- When will each parent have possession of and access to the child / children.
Without an agreement by the parents, these issues must be presented to the court, and sometimes a trial by jury is necessary.
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