Chicago Family Law Attorney Blog

NASCAR chairman divorce documents unsealed

2013-05-16T01:51:04Z

Chicago's NASCAR fans may be interested to know that on May 8, a judge unsealed divorce records in the case of NASCAR chairman Brian France. Documents revealed that as of Sept. 2005, France had an estate valued at more than $554 million. His income from NASCAR was $8.7 million in 2004. In addition, France was listed as owning several cars, a 84-foot yacht, ownership stakes in two restaurants and two planes. France also had a substantial real estate portfolio, including homes in New York City, Los Angeles and Florida.

This represented France's second split from his ex-wife, whom he originally married in 2001. The first divorce was in 2004. They remarried in October 2005 and divorced again in 2008. The couple has two minor children together. The separation agreement that was released years ago shows that France agreed to pay his ex-wife $42,000 per month as alimony and child support for a period of ten years, plus three annual payments of $3 million each.

]]> For many years, France has fought to keep the details of his divorce private. The documents show that France's ex-wife accused him of keeping her under 'constant surveillance," of being verbally abusive and of not spending time with their twins. France accused his wife of spending excessively on non-necessary items.

Divorce can be a stressful time under ordinary circumstances. When one of the spouses is in the public eye, it can be more difficult. A family law attorney may be able to ease some of the stress by handling news inquiries and working to keep court documents sealed so that they cannot be broadcast on the news. An attorney could also work to shield any minor children from public view during this time.

Source: USA Today, "Divorce case reveals details of Brian France", May 08, 2013

How credit card debt affects divorce

2013-05-10T07:11:01Z

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.

]]> The judge will stipulate which assets and liabilities belong to each spouse in the divorce decree. Judges can take other factors into consideration when distributing assets and liabilities, such as whether there are any extraordinary expenses or recent property transfers. The debts may be required to be paid off as a provision in the divorce settlement. However, a divorce court does not have jurisdiction over existing contracts and creditors do not have to honor the provisions in the decree. Creditors may go after both parties to collect on the debt.

Spouses can protect themselves by making detailed lists of their accounts along with their existing statuses. Checking a credit report can alert spouses to any unknown debts. A spouse can also notify accounts of a pending divorce and close the accounts.

Spouses in Illinois who are divorcing often consult with independent legal counsel from family law attorneys to learn about their rights and options. Divorce attorneys may also be able to provide vital information regarding property, assets and debts.

Source: Fox Business, "Is Wife Liable for Ex's Card Debt?", Sally Herigstad, May 07, 2013

Handling the challenges of co-parenting after a divorce

2013-05-03T17:49:37Z

For any Illinois resident, a divorce can be a challenging experience, especially when children are involved. As parents usually look for ways to minimize the impact of a divorce on their kids and work together to help the children cope, following a few suggestions can make the process easier for everyone involved.

First, the parents should avoid laying blame on the other party, even if there is a legitimate reason for the divorce. Blaming others wastes energy that needs to be focused toward the children and can confuse kids who might feel like they have to hide their feelings or "choose" between the partners.

]]> Second, parents need to work out a custody arrangement that is best for their kids. If the schedule needs to change, they need to assess how that affects the kids without letting hostility toward the other parent affect their response. The hectic pace of life and varying work schedules can mean that visitation agreements might need to be revisited. Fortunately, the courts make allowances for these difficulties.

Third, each parent may have unique parenting styles and run his or her household differently. Parents may need to let go of their need to control the child's activities when they aren't there and resolve differences with their former spouse agreeably.

Finally, parents need to realize that their former partner might begin dating someone else. If and when that happens, they need to meet the new person but find a way to do so in a non-threatening manner.

Co-parenting can present a unique set of challenges. A family attorney might be able to help parents resolve disagreements about visitation schedules and child custody arrangements as well as assist with drafting these significant documents.

Source: Fox News, "4 tips for parents going through divorce," Tina Paone and Thomas Petrelli, April 21, 2013

How women can preserve their assets during a divorce

2013-04-26T17:32:09Z

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.

]]> It is also common for high-earning women to own or run a business, and a nasty divorce could damage the business. This is why women may want to establish a trust or agreement that protects a business's assets and allow them to keep control of running it.

Even for those who are not considering a divorce or those simply thinking about getting married, it may be helpful to contact an attorney. An attorney could guide them through the process of setting up a prenuptial agreement and explain what might happen to their assets if they end up getting a divorce. Additionally, an attorney could help someone who is going through a divorce protect their assets through mediation or litigation.

Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013

New trend of alimony being paid by women

2013-04-20T10:21:07Z

According to the Pew Research Center, wives make more than their husbands in approximately one third of marriages. This means that it is not a stretch to assume that around a third of divorces involve a woman in Illinois making more than her husband, which means it is the woman that would be responsible for paying alimony. When this occurs, it is not uncommon for both parties going through a divorce to be uncomfortable.

Women who are expected to pay spousal support feel that they have already suffered through a difficult marriage and should not have to pay their spouse following a divorce. On the other hand, men are uncomfortable with the idea of being paid alimony by a woman. Even though most have no problems with this idea when it is a man responsible for alimony, these feelings persist.

]]> Men who are seeking alimony often point out that they stayed home and sacrificed their careers in the way that women normally do. Increasing numbers of men today are taking on housework and child rearing to a far greater degree than their fathers and grandfathers. Therefore, they feel they should be financially compensated in the way that women would in a divorce if the roles were reversed.

Spousal support is often a point of contention when a couple is going through a divorce, and it can be difficult to sort out these issues on top of the complexities of dividing marital assets. If someone is going through a divorce, they may want to speak with an attorney that may be able to help them achieve an equitable division of property.

Source: Huffington Post, "Divorcing Mr. Mom," Katherine Eisold Miller, April 2, 2013

Are there any benefits to filing for divorce first?

2013-04-10T18:21:26Z

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.

]]> Another benefit of filing first is that individuals are able to determine where a divorce will go through. Each state has its own divorce laws relating to child support, custody, alimony and division of assets. If a couple is already separated, the individual filing will determine where the divorce is adjudicated, meaning they can choose the state with the laws most friendly to their position.

Filing for divorce is a huge step and indicates that a couple's problems are beyond resolution. The decisions people make regarding their divorce will impact their futures and finances. To be able to make well informed choices, those going through a divorce may benefit from speaking with a divorce lawyer that can explain the process.

Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?," Jeff Landers, March 26, 2013

How to prepare financially for divorce

2013-04-05T19:47:00Z

If an Illinois resident is considering a divorce, it often takes an extended period of time for them to come to that decision. During this time, if someone is thinking about getting a divorce, they should make financial preparations. This will include getting a credit report, collecting financial documents and starting to save money.

There are several web pages that allow people to get a copy of their credit report online, and individuals are eligible for a free credit report once a year. This will let someone know if they or their spouse have any outstanding debts. It is also a good idea for those thinking about divorce to collect financial documents for the last few years, such as credit card and bank statements, tax returns and investment records. Many financial institutions make these documents available online or for sending via email.

]]> People may also want to open a separate bank account and begin setting money aside. It is often easier for individuals to open accounts and access credit while they are still married, and this may be important for those with little credit history or who are unemployed.

As important as preparing for one's financial future is, an Illinois resident considering divorce may also find it beneficial to consult with a divorce lawyer as well. There is a lot of misinformation about the divorce process, and a lawyer may be able to help people understand what will happen during the filing process. Additionally, a lawyer could represent someone in divorce court should that be necessary.

Source: Philly Burbs, "Thinking of Divorcing? Some Financial First Steps," Loretta Hutchinson, March 20, 2013

Deion Sanders awarded custody of kids

2013-03-26T14:31:56Z

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.

]]> The jury said that they did not believe the allegations lodged against the former Dallas Cowboys player. Instead, they thought that the accusations of domestic abuse were an example of "grandstanding." Pilar was reportedly upset after hearing the decision and verbally lashed out at her estranged husband. The couple's divorce is still not final as matters pertaining to visitation, child support and a prenuptial agreement between them have not yet been fleshed out by the court.

When parents do not agree on who should have custody of their children, they must often go through the court process to establish a legal ruling on the matter. Both parents may hire Illinois family law attorneys to help protect their interests and prove their case.

Source: CBS DFW, "Jury Makes Decision In Deion Sanders Child Custody Case," March 12, 2013

President signs domestic violence bill into law

2013-03-21T18:39:35Z

Many women who live with violence on a day-to-day basis stay with their abusers because they feel they have nowhere to go and no one to turn to for help and support. A new law aimed at stemming the tide of domestic violence in Illinois and the rest of the country, however, may provide new protection to those suffering from abuse.

On March 7, President Obama signed the Violence Against Women Act into law. The original bill, which was first enacted in 1994, lapsed in 2011 when political parties failed to come to agreement on terms that would expand its scope in regards to homosexuals, immigrants and Native Americans.

]]> The Violence Against Women Act is credited with reducing sexual assault cases in the United States by roughly 50 percent between 1995 and 2010 and the incidence of domestic assault by two-thirds. President Obama believes it has been successful because instead of simply changing the laws, it has changed the culture surrounding domestic abuse issues.

The new law authorizes funds totaling $659 million over a five-year period to be spent on programs that will support those suffering from domestic violence, including funding hotlines, making temporary and emergency housing available and expanding access to legal resources. The money will also be used for training and awareness programs for law enforcement officials.

Anyone who is living with domestic violence and is under extreme emotional distress or fears for the safety of children in the home should know that there are resources that can help. In addition to helping victims get away from the abuse so that they can start a new life, there are legal actions that may also help, including lodging criminal charges or filing for a restraining order.

Source: CBS News, "Obama signs expanded domestic violence law," March 7, 2013

Divorcing couples increase in age, concerned with retirement

2013-03-13T20:50:17Z

The traditional picture of divorcing Chicago couples includes parents of young children saddled with mortgage and credit card debt, with little in the way of savings or equity in the home. However, today's divorce cases are increasingly painting a very different picture: Individuals who are over 50 are more likely to be worried about their retirement accounts than child support.

In the past decade, the amount of older divorcing couples has increased dramatically. The number of couples in their 50s or older who are seeking divorces has more than doubled since the 1990s, and these couples now represent 25 percent of all divorce actions. Their financial concerns tend to focus on retirement planning rather than bill paying and costs associated with raising children.

]]> Given the fact that many couples plan for retirement years in advance, a divorce can be a serious blow to the financial stability of one or both partners. When retirement accounts are split, the resulting sums may not be enough for either partner to retire comfortably. This means that many older couples who seek a divorce find that they must work more years than planned in order to make ends meet after retirement.

Some individuals faced with a divorce after the age of 50 seek the advice of a family law attorney. By careful management of funds and a beneficial settlement agreement, many divorcing partners are able to keep their retirement funds intact or divide them in a way that does not hurt their chances of retiring comfortably in the near future. A family law lawyer may be able to help individuals make these types of important decisions.

Source: Huffington Post, "Gray divorce drastically cuts retirement savings by thousands," Feb. 28, 2013

Court order does not give a divorced party sole homeownership

2013-03-05T20:39:09Z

Following divorce, many Illinois couples divide former marital property. A divorcing party may be able to obtain a court order stating that he or she alone is the owner of the home. However, the simplicity of a court order does little to resolve the complexity of separating an ex-spouse from a mortgage or title in a property division.

Retaining a former spouse's name on a mortgage means that both spouses are responsible for payments toward the loan. Doing so on a title means that the ex-spouses are both considered the owners of the property. The spouse who is awarded the marital property in a divorce proceeding must undertake the task of removing his or her former partner's name from both the mortgage and the title in order to truly claim sole ownership.

]]> Mortgage loan payments are reported to credit reporting bureaus. The payment history, including any late payments, will affect the credit report of those listed as the homeowners. The spouse seeking sole ownership needs a quitclaim deed showing that his or her former partner is no longer part owner of the property and, therefore, can be removed from the mortgage loan and relieved of repayment obligations.

Failing to remove an ex-husband or ex-wife from the title will continue to show both partners as homeowners in public records. To be documented as the sole owner of the property, a quitclaim deed must be obtained to properly transfer the title to one person.

If a spouse refuses to sign over the rights to the property in a quitclaim deed, a divorce attorney may request a court order from a judge that requires a signature. Should the spouse continue to refuse to relinquish ownership, a court could issue a deed on behalf of that spouse. A quitclaim deed can be recorded with the local office for real estate records to reflect the change in ownership in public property records for the purposes of mortgage loans and title of ownership.

Source: Chicago Tribune, "After divorce, deed of home and mortgage become different issues," Ilyce Glink and Samuel Tamkin, Feb. 23, 2013

Former Illinois congressman says he can't pay child support

2013-02-27T14:52:06Z

A former congressman from Illinois wants to end his child support obligation because he does not have a job. Joe Walsh, who lost a bid for re-election in November, filed a request with a court in Cook County to terminate his obligation to pay child support. The filing stated that because Walsh's employment terminated due to no fault of his own, he does not have sufficient earnings or assets to make monthly child support payments.

During Walsh's campaign for the newly redrawn 8th District seat, the conservative Republican faced claims by opponents that he was a "deadbeat dad," which he denied. He ultimately lost the election to Democrat Tammy Duckworth. The attorney for Walsh's ex-wife says he did not make a child support payment in January 2013. He is obligated to pay $2,134 per month to support one child.

]]> In Illinois, a child support formula is used to determine the amount of a non-custodial parent's monthly support payments. The payments are based on a percentage of the parent's net income, with consideration given to such other factors as the child's everyday expenses, medical expenses and standard of living prior to divorce. If there is a change in circumstances, such as the loss of a job, a parent cannot simply stop making monthly support payments. Rather, he or she must apply to the court for a child support modification. If the original support order is not modified, a non-paying parent may be subject to a child support enforcement action.

A knowledgeable family law attorney may be able to assist with a request for child support modification by helping to put the request in the best possible light to the court. A lawyer could also help a custodial parent pursue an enforcement action if the other parent is not making monthly support payments.

Source: BND, "Ex-congressman seeks end to child support duties," Feb. 11, 2013

How to stay sane during a divorce

2013-02-21T17:43:46Z

When a couple makes the decision to divorce, the actual process of untangling two lives begins. The ease with which a couple will be able to divorce is dependent on many factors. A couple who has been married for a couple years and has no children will likely have an easier time divorcing than a couple who has been married for 25 years and has three children.

]]> Regardless of a couple's personal and financial circumstances, divorce can be a difficult process emotionally. In hindsight, most individuals who have gone through a divorce admit they made mistakes. While there is no right or wrong way to go through a divorce, there are definitely things an individual can do to sabotage their chances of being happy.

Many people wrongly believe that they should feel relieved once they finally make the decision to divorce. As the actual divorce process begins, however, many individuals feel overwhelmed and may even question their decision. It's important, however, to stay strong and remember the reasons and events that lead to the divorce.

Divorce often brings with it intense feelings of hurt and resentment. While it's important to acknowledge the reasons behind these feelings, it's also incredibly important to let go of the hurt and resentment and move on. This is especially true if a divorcing couple has shared children. Parents must turn their focus to finding ways to breach communication gaps and effectively co-parent.

It's also wise for divorcing individuals to realize that there will inevitably be several factors related to the divorce in which they are not in control. Time is often a point of frustration for many individuals going through a divorce. While it can be frustrating when divorce proceedings and settlements take longer than anticipated, it's important to keep focused and realize it takes time to sort out important matters related to finances, personal property and assets and children.

Source: The Huffington Post, "Getting A Divorce: 16 Things You Need To Let Go Of During The Divorce Process," Feb. 19, 2013

Limiting personal tax liability while going through a divorce

2013-02-12T19:40:47Z

With tax time looming around the corner, many married couples are in the process of preparing their 2012 taxes. For couples who are recently separated or divorced, questions related to taxes and tax liabilities often arise.

]]> Couples who are going through a divorce or recently finalized a divorce may have questions about how to file their taxes. Is it better to file jointly for one more year or does it make more sense to file independently? Much depends upon an individual's financial circumstances and that of their soon-to-be ex-spouse.

For example, say a husband and wife are in the process of getting divorced and have lived apart for months. The wife, a stay-at-home mother, does not work and has relied upon her husband's income. To that end, the couple owes back taxes and the husband has accrued a lot of new debt. In this case, how can the wife limit her tax liability?

Under the provisions of the Internal Revenue Code, a husband or wife whose spouse has accrued debt without their consent or knowledge can seek protection under "innocent spouse" relief. This provision effectively absolves a spouse of all personal tax liability.

As with most financial matters, particularly those involving the IRS, a husband or wife will need to provide adequate financial information and additional documentation to prove eligibility under the "innocent spouse" provision. For this reason, it's important to seek legal advice and well as advice from a financial professional.

Going through a divorce can be emotionally, mentally and financially taxing. For spouses who previously relied upon the earnings of their significant other, a divorce can be especially scary. Enlisting the assistance of a competent team of legal professionals, however, can bring peace of mind and help ensure the best possible outcome with regard to a divorce settlement.

Source: Monterey Country The Herald, "Barry Dolowich: Divorce and tax liability," Barry Dolowich, Feb. 5, 2013

Child custody and relocation - advice for divorced parents

2013-02-06T18:37:32Z

When provided with a dream job opportunity in another city or state, there are often several factors to consider. For divorced parents, issues related to child custody often serve to further complicate things. As with most things related to divorce and child custody, careful and deliberate planning is often necessary.

]]> The majority of divorced parents have some sort of legal child custody agreement. This agreement binds both parents to agreed upon terms and can be grounds for legal action should either parent attempt to deviate from it. How do the terms of a child custody agreement apply when a parent plans to make a move to another city or state?

Much depends on whether or not a move will disrupt the agreed upon custody arrangement. Will the move prohibit the non-custodial parent from seeing the child on court approved days? If so, the parent who will be adversely impacted by the move may choose to file for primary custody of the child. If a judge opts to switch primary custody, this move effectively prevents the child from moving.

In child custody matters, several factors go into a judge's decision on whether a parent should be allowed to move with their child. A guiding factor in all decisions is whether or not such a move would be in the child's best interest. Would the relationship with the parent who is left behind suffer as a result of the move?

The child's age plays a major part in the equation as well. Younger children are likely not involved in school or community activities, whereas an older school-age child may feel more invested in their community. The opinion and preference of an older child may be taken into consideration by a judge when making his or her decision.

If a parent is planning to move a considerable distance from their ex-spouse, it's wise to plan. If a parent wishes to have a child move with them, they must be prepared to prove the move would be in the child's best interest. A legal professional who is experienced in child custody matters can provide advice and guidance and help provide for the best possible outcome.

Source: The New of Orange County, "Single parents juggle child custody with personal freedom," Kim K. Steffan, Jan. 19, 2013