Legal separation is a good scenario for conflict: not quite married, not quite divorced.  Not surprisingly, people are always getting legally separated on television because it adds conflict to a storyline. This leads the American public to believe that legal separation is common.  Legal separation is not common in Illinois, however. In the Illinois statute, legal separation is quickly described by its purpose. “Any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart” 750 ILCS 5/402(a) That’s the whole point of getting a judgment of…

Most people don’t know much about divorce before entering the process.  They hear from friends and relatives’ bits and pieces, almost always scandalous and dispiriting.  Then the rest they pick up from television and movies such as the ability to disqualify a divorce lawyer from talking to your spouse by merely consulting with the divorce lawyer first.  In theory, the mere consultation with a divorce attorney creates a conflict of interest which disqualifies the lawyer from representing the consultor’s spouse. In the famed HBO television series “The Sopranos” the mafia boss’s wife, Carmela Soprano finds that the mafia boss, Tony…

This is number 20 in my series of things to do with your kids during or after a divorce or separation. I always truly believe in putting the kids first during a divorce. Whether it’s recommending a therapist or just suggesting something to do with the kids for the afternoon, a family law lawyer should have be giving his or her clients ALL the information he has available. The winters in Chicago are brutal. More than brutal they are just long. It is incredibly difficult to adequately entertain a child indoors from November through April. It is also unadvisable to…

Whenever money is being transferred there is a possibility of taxes.  Perhaps there is no bigger transfer than the transfer of assets and income during divorce.  Therefore, taxes and divorce must be considered together when negotiating and finalizing a dissolution of marriage. Tax Implications of Transferring Property In Divorce Any transfer of property pursuant to a settlement of a divorce is not considered either a gift or income for tax purposes.  26 U.S.C. Sec. 1041(a)(2).  That transfer has to happen within three years of the divorce however to remain untaxable. 26 U.S.C. Sec. 2516. This means it is usually in…

I am often called on by my fellow lawyers who practice immigration law to enter an order in the family law or domestic relations courts of Cook County.  A family law lawyer can often be the only one to establish the “findings of fact” necessary to grant immigrants certain statuses which allow them remain in the United States legally.  One of those statuses a family law lawyer can help with is Special Immigrant Juvenile Status or more commonly referred to as “SIJS”. Special Immigrant Juvenile Status (SIJS) is a form of relief for some noncitizen minors – specifically those…

Estate planning is making preparations for the transfer of a person’s wealth and assets after his or her death. Typically, this is done by setting up a will or a trust. People set up estate plans to benefit their loved ones especially their husbands and wives. But, what happens to wills and/or trusts during and after a divorce? More than just being the beneficiary of an estate plan, a husband and wife are often co-creators of estate plans. A spouse will often be the executor of the other spouse’s estate. An executor is the person who gathers the deceased’s…

Divorces are difficult wherever they are. An Illinois divorce with a child or with children is even more difficult.  I often tell clients who have no children or have grown children, “your divorce is automatically 75% easier than the average divorce with a child.” Is It My Child? In Illinois, all children born to a woman while a couple are married are presumed to be the children of that couple. Illinois statute 750 ILCS 46/204 states that “A person is presumed to be the parent of a child if: The person and the mother of the child have entered into…

A married couple may be from a foreign country, have a foreign vacation property or habe simply diversified their investment portfolio by buying foreign property.  Property is still property no matter where it is located.  The question is “What happens to foreign property in a divorce?” A property’s location outside of the United States may impact how the property is finally distributed to the parties in a divorce. Foreign Property is still Marital Property In Illinois, “’[M]arital property’ means all property, including debts and other obligations, acquired by either spouse subsequent to the marriage”750 ILCS 5/503(a). So, if the…

In the old days, folks would just get married in a church, jump a broom, or just start living together. Before 1905, people in Illinois did not have run down to the county clerk to register their marriage. Our forefathers would just say, “Well, we’ve been together for a few years so I guess we’re married”…and the law agreed with them. That was known as “common law marriage in Illinois.” Common law marriage does not exist in Illinois anymore. Illinois law requires two things to be actually married 1) solemnization and 2) registration. Solemnization Now Illinois law requires “solemnization”…

Inheritance money is rarely given to a couple together.  Last wills and testaments almost always read “to my dear my son” not “to my dear son-in-law.”  So, when the deceased wished that a property go to a single person, that property should stay with the single person…even after a divorce.  Illinois law provides for exactly that scenario with inheritance and divorce, with a few exceptions. Is an Inheritance Marital Property in an Illinois Divorce? In Illinois, the property a divorcing couple has is divided into two types: marital and non-marital. ”[M]arital property” means all property, including debts and other obligations,…

For most divorcing couples the marital home is the most valuable asset they have.  If that house was purchased while the couple was married, the house is a marital asset and therefore divisible in a divorce. Even if the house was purchased before the marriage, if the house was put into both couples’ names or if the mortgage was in both parties’ names the house will be presumed to be marital property.  If a house is marital property, we must determine how to value a house in a divorce before distributing all of the marital property between the two parties.…