Chicago Family Law Blog

Finding out that a spouse has run up credit card debt is a difficult discovery. However, this discovery may hurt even more when spouses are going through the divorce process. Each state has its own rules regarding debt division, including equitable division and community property division. Illinois is an equitable division state.

In community property states, creditors are typically able to pursue a spouse for debt that is considered to be community debt. This spouse is presumed to be financially liable for the debt unless he or she can show that he or she should not be. Evidence may include showing that the spouse was not aware of the debt and that he or she did not benefit from it. In equitable division states like Illinois, a spouse is not typically liable for his or her spouse's credit card debt if the spouse is only an authorized user on the account and not an actual account holder.

In Illinois and across the country, there is an increasing number of women who make more than their spouse does. This emerging trend may mean that if a couple in which the woman is the "breadwinner" gets a divorce, the woman may end up owing spousal support and seeing large amounts of her retirement and savings accounts diminished during marital property division. However, with some planning, high-earning women can still protect their assets should a divorce occur.

Some of the ways that women can protect their property if their marriage dissolves include getting a prenuptial agreement, maintaining separate bank accounts and protecting their business. Prenuptial agreements are increasingly common, especially in marriages in which one or both parties have large incomes, and they can prevent litigation regarding finances during a divorce. Additionally, having a separate bank account can give women financial independence that is not possible when funds are shared.

Residents of Illinois whose marriages are on shaky ground may wonder if they should be the first to file for divorce and if there are benefits to doing so. There are some benefits associated with being the first to file for divorce, and most of them have to do with being prepared. If someone's spouse files first, it does not necessarily mean that they have all the advantages if the other party is prepared as well.

When an individual files for divorce before their partner, they have the ability to choose their legal representation and where their divorce will be adjudicated. Due to laws regarding attorney client confidentiality, a lawyer cannot represent someone in a divorce if their spouse has already consulted with them and shared confidential information. Therefore, filing first allows someone to have their pick of attorneys.

Residents of Illinois may have recently heard that after two weeks of back-and-forth allegations from Deion Sanders' and his estranged wife's attorneys, a jury finally reached a verdict in the contentious child custody case. Hall of Fame and NFL superstar Deion Sanders and Pilar Sanders have been going through the divorce since 2011. Pilar Sanders accused her estranged husband of child abuse and of keeping guns accessible to the children. She also accused Sanders of using steroids. Sanders' attorneys accused Pilar of working at a phone sex line and of also taking steroids.

The 12-panel jury ruled in an 11-1 vote that Deion Sanders should have custody of his two boys. His sons are 11 and 13 years old, and he will have both physical custody of the children as well as sole conservatorship. The jury also decided that he should have joint custody of his 9-year-old daughter and shared conservatorship over her. However, he will be able to decide where she should live.