The allocation of personal property is one of the last issues any Judge or attorney wants to address. There have been numerous cases in which the parties have expended tens of thousands of dollars arguing over items such as Tupperware. Most clients understand the financial and emotional costs of litigation and that it makes sense to attempt to divide the marital personal property by agreement with their spouse without involving the attorneys and the court. Sometimes party do this between themselves, and other times they may involve third party neutrals such as appraisers or mediators.
Published in TLB Blog on June 21, 2018
During many client interactions (there have been many after my 15+ years concentrating in family law), almost invariably I hear from the client that his or her spouse is “crazy.” I can practically gauge the flavor of the “era” by the diagnosis, generally self-labelled by the divorcing spouse rather than clinically diagnosed. Women tend to be more specific while men, generally, just state “she’s crazy ~ really.”
The First District on December 17, 2017 issued an opinion relating to payment of divorce attorney fees by relatives to the actual litigant who guarantee or outright agree to pay for the divorce litigants fees. Ben Goldwater v. George S. Greenberg and Denise Greenberg, 2017 IL App (1st) 163003. Enforcement of these agreements to pay is difficult especially when the agreement or guarantee is not memorialized by a written and signed agreement between the attorney, the party and the relatives. This recent decision seems to indicate that certain oral agreements could be also enforceable.
Parenting Time Refusal by a Child: Strategies for the Parent Without the Majority of the Parenting Time
In the last blog, we provided guidance to a parent with the majority of parenting time seeking advice on how to facilitate and encourage parenting time for their child with the other parent. In that blog, we presumed good will and efforts by the parent with the majority of the parenting time to effectuate the parenting schedule and agreement.
Parenting Time Refusal by a Child: Strategies for the Parent with the Majority of the Parenting Time
A client asks: “My 13 year old daughter never wants to go to her father’s house. She says it is boring and she would rather stay at my house since her friends live nearby. What should I so? What are my legal obligations?”
Does it matter when you file for divorce? Yes, in a divorce case involving maintenance, the filing date of a Petition for Dissolution of Marriage in Illinois may impact the term of the maintenance award. Effective January 1, 2015, Illinois adopted “guidelines” for maintenance (otherwise known as alimony or spousal support) awards.
When getting a divorce, you should be certain to discuss with your accountant the various tax issues that need to be considered. Additionally, it is important that provisions related to your taxes are negotiated and included in your Marital Settlement Agreement or, if your matter goes to trial, raised with the Court. Although taxes are often overwhelming, tax season will be much easier if you and your spouse determine these common issues in advance:
Clients often ask their lawyers if their soon to be ex-spouse can be required to pay their legal fees at the end of a divorce case. While the Court does have the authority to order one party to contribute to the other party’s legal fees at the end of a case, it is no guarantee. There are a variety of overlapping statutes that apply to a request for contribution to legal fees. There are even more cases out there analyzing these statutes.
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