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Steps before a divorce

Thirteen Steps Before Your Divorce in Chicago, Cook County, Illinois 2 comments By Donna, January 15, 2013 at 1:30 pm January sees a spike of divorce filings, but unless you have already discussed the prospect of divorce with your spouse, you may want to take these steps before you file for your divorce or announce your intentions. This is an especially good idea if you think your spouse may not react well to your request. 1. Collect copies of tax returns (at least 3 years), statements for IRAs and other retirement accounts, brokerage accounts, bank accounts, and credit cards. Secure them in a location away from your spouse. I did not do this and spent lots of legal fees getting the records I was entitled to have. Check the statements to be sure that there have been no unexplained withdrawals, especially that there have been no withdrawals or loans from retirement accounts. 2. Obtain your credit report. Be sure you know what joint debts and credit cards you ha

QDRO 411 in Divorce Cases

Qualified Domestic Relations Orders Printer Friendly Version What is a Qualified Domestic Relations Order? A "qualified domestic relation order" (QDRO) is a domestic relations order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that includes certain information and meets certain other requirements. Reference: ERISA § 206(d)(3)(B)(i); IRC § 414(p)(1)(A) What is a “domestic relations order?” A domestic relations order is a judgment, decree, or order (including the approval of a property settlement) that is made pursuant to state domestic relations law (including community property law) and that relates to the provision of child support, alimony payments, or marital property rights for the benefit of a spouse, former spouse, child, or other dependent of a participant. A state authority,

Dividing Up Property Yourselves

Dividing Up Property Yourselves If you and your spouse are going to try to divide your property yourselves, here are some steps to get you started. List your belongings. Working together, make a list of all of the items that you own jointly. Of course, you can omit items both of you agree are personal things of insignificant value. And, for example, when dealing with furniture that is not of great value, you can just specify "furniture in master bedroom," "dining room furniture," and so on. Value the property. Try to agree on the value of anything worth more than a specific agreed amount -- say $100 or $500. If there is a house, a business, or anything that is difficult to value, get an opinion about that from some agreed outside authority. For example, for your house, pick a Realtor who is familiar with your neighborhood. Or, for antiques, you can hire a professional appraiser. You may need an actuary to value a pension and an accountant to help you value an inv

Drugs in Divorce

Drug Abusers Delude Selves by Honorable Anne Kass. Ann Kass is a District Judge in the Second Judicial District State of New Mexico Art Linkletter once wrote a book, Kids Say the Darndest Things. A sequel might be Grown-Ups Who are Involved in Divorce Say The Darndest Things, especially grown-ups who have alcohol or drug problems. One father with a severe drinking problem denied that his use of alcohol had any negative impact on his children. He said, "It doesn't bother them. I've been drinking like this since they were born. They're used to it." Another father agreed to drug testing to prove his ex-wife was, "lying" when she claimed that he was using drugs. The next day he refused to release the test results. He said he had a constitutional right not to incriminate himself. He was right about that. He could not be compelled to provide evidence that would prove his own guilt. However, the constitutional right against self-incrimination deals only with

Civil Union Laws Illinois

Family Law A Guide to the New Illinois Civil Union Law By Richard   A.   Wilson Beginning June 1, the Illinois Religious Freedom Protection and Civil Union Act confers most of the rights of marriage on parties to a civil union. But definitions of "spouse" and "marriage" under federal law impose important limits on the new act, requiring special planning for "civilly unioned" couples. Don't miss the ISBA's upcoming Law Ed programs on Civil Unions! Friday, June 3 " Civil Union Practice Tips " Attend live onsite or via live webcast during CLE Fest Classic - 4 hours MCLE credit Friday, June 17 " A Roadmap to the Illinois Civil Union Act " during the ISBA Annual meeting - 2 hours MCLE credit The recently enacted and soon-to-be effective Illinois Religious Freedom Protection and Civil Union Act 1 (the "act" or the "Civil Union Act") is a relatively short, relatively simple, and exceptionally comp

Illinois Child Support Laws

Child support is one of the most contentious issues in family law , and Illinois child support issues are no exception. When dealing with Illinois child support, it is best if you have a good Illinois child support attorney to help you. But there are also some things which you can and need to know right up front about child support in Illinois, and the Illinois child support laws. While many people don't realize it, most state child support laws are fairly fixed, and don't take into account such things as what your or your ex's actual child-related expenses are. The child support laws of most states look at only a few factors, and you may find that your Illinois child support award takes into account only: How much you earn How much your ex earns How many children you have; and What percentage of time the children are under each parent's care and control Sometimes, although not often, a court will consider expenses which it may consider extraordinary,

Child Support Payments

The payment of child support is governed by Section 505 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under Illinois law and public policy, all parents have an absolute obligation to support their child, regardless of how much time they spend with the child, whether there is a visitation schedule in place, or whether they were ever married to the child's other parent. Typically, when a child resides with one parent more than fifty percent if the time, the other parent (non-custodial parent) is required to pay child support

New breathalyzer test with camera

Some DUI defendants qualify for a breath activated ignition interlock device (BAIID). The device allows you to drive as long as you blow into a breathalyzer. If you are intoxicated, the car will not start. Some drivers evade this requirement by getting someone else to blow into the device for them. But no more. As of July 1, 2013, the Illinois Secretary of State has implemented new rules that require the BAIID be equipped with a camera. Each time you blow, the camera will take your picture. Not only does the picture insure that it’s you blowing into the device, it also eliminates false claims that some other intoxicated person tried to start your car. Any failure to activate the device is reported to the Secretary of State and can result in additional penalties.

Child Support Payments

The payment of child support is governed by Section 505 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under Illinois law and public policy, all parents have an absolute obligation to support their child, regardless of how much time they spend with the child, whether there is a visitation schedule in place, or whether they were ever married to the child's other parent. Typically, when a child resides with one parent more than fifty percent if the time, the other parent (non-custodial parent) is required to pay child support

Is Divorce Bad For Children

Many of the 1.5 million children in the U.S. whose parents divorce every year feel as if their worlds are falling apart. Divorcing parents are usually very concerned about the welfare of their children during this troublesome process. Some parents are so worried that they remain in unhappy marriages, believing it will protect their offspring from the trauma of divorce. Yet parents who split have reasons for hope. Researchers have found that only a relatively small percentage of children experience serious problems in the wake of divorce or, later, as adults. In this column, we discuss these findings as well as factors that may protect children from the potentially harmful effects of divorce. Rapid Recovery Divorce affects most children in the short run, but research suggests that kids recover rapidly after the initial blow. In a 2002 study psychologist E. Mavis Hetherington of the University of Virginia and her then graduate student Anne Mitchell Elmore found that many children expe

Same Sex Divorce

While same-sex couples across the country fight for the right to marry, others are fighting for the right to divorce. A patchwork of state marriage laws and the federal Defense of Marriage Act has made the process of unraveling a relationship extremely difficult -- and expensive. A same-sex couple who marries in one state and later relocates to a state that doesn't recognize the marriage, for example, may be unable to get a traditional divorce. Often, they either have to move to the state where they married to establish residency or dissolve the marriage outside of the court system. Some states call this a dissolution of marriage instead of a divorce. In most cases, this means filing a civil lawsuit -- or multiple lawsuits. With no threat of a trial or a judge to make a ruling, couples often get stuck in negotiations and the lawyer fees can really pile up, said Kevin Maillard, a law professor at Syracuse University specializing in nontraditional families. Related: Mar

Divorce Mediation

Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. The issues covered include but at not limited to the following: 1. Distribution of Property (Assets/Liabilities) 2. Child Custody and Parenting Time 3. Child Support/Maintenance 4. Retirement 5. Taxes

Pets in Divorce

Quick Summary of Pets in Divorce/Custody IssuesTabby McLain (2009) When a married couple divorces, the question of who gets to keep the pets often arises.Whereas the laws are designed to protect the best interests of human children in divorce (allowing for shared custody , visitation, and alimony), the laws for pets are intended to benefit the owner instead.Under the law, pets are considered to be personal property, capable of human ownership and control.Courts working under that law only strictly have authority to award a pet to one owner or the other.To grant shared custody or visitation of the couple’s pets would be exactly the same, in the eyes of the law, as having them trade their television back and forth from one week to the next. Normally, before a court decides who gets what property in a divorce, it must first consider whether its jurisdiction is a community property (split 50/50) or an equitable distribution (split fairly) state.It must then decide which