Posted on April 22, 2014 in Pet Custody

Photo Copyright Barbara Karant of Karant+Associates, Inc., 5330 W. Winnemac Ave., Chicago, IL 60630, 312-733-0891 www.barbarakarant.com

Illinois families come in all shapes and sizes. There is no single way to build a home filled with love, loyalty, and shared experiences. In fact, some of our most cherished family members walk on four legs, drink from a bowl, and sleep on the floor: our dogs.

Anyone who lives with a dog or grew up with one appreciates how important a role these beloved animals can play in our lives. They are often far more than pets, becoming companions that share in the ups and downs of life-providing loyalty through thick and thin.

Consider a Greyhound

As a dog lover and proud owner of two greyhounds, I would like to let local residents know that April is officially known as National Adopt-A-Greyhound Month. If you are considering adding a dog to your home, now is the perfect opportunity to take the plunge and discover how these animals can make wonderful companions.

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 Posted on April 17, 2014 in Divorce

When a couple contemplates divorce, often times they wonder about a legal separation as an alternative. A legal separation, as provided for in Section 402 of the Illinois Marriage and Dissolution of Marriage Act, gives the couple the opportunity to live apart as if the marriage were over even though legally it is not. Sometimes couples consider a legal separation to test the waters, leaving open the possibility of reconciliation, and others do so because of religious beliefs. But, there may be other reasons to consider a Legal Separation as opposed to a divorce.

Why a Legal Separation?

A legal separation does not legally end the marriage like a divorce does. Therefore, neither party is free to remarry after a Judgment for Legal Separation.

In some circumstances, the decision to legally separate may be mutual. In other circumstances, one spouse may petition the court for a legal separation despite the other party's wishes. In a separation, just as in a divorce, the parties must agree or the court will determine an appropriate level of spousal support or maintenance, as it is referred to in Illinois, as well as child support, where applicable.

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 Posted on April 08, 2014 in Divorce

Divorce in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which includes provisions for a concept called dissipation. Dissipation is the improper use of marital funds and assets by one spouse for their own personal expenses unrelated to the marriage. Examples of dissipation include a spouse spending the couple's money on a personal vacation or on gifts for a friend with whom he/she is romantically involved. Expending marital assets for expenses related to the children or general reasonable living expenses for the couple such as groceries or home repair are not generally considered dissipation.

Dissipation Affects the Division of Assets

In Illinois, marital property is valued and divided in a divorce proceeding, and dissipation affects that distribution. The amount of marital property awarded to one spouse will be reduced by the amount that the other spouse spent improperly for non-marital purposes after the date that the marriage irretrievably broke down.

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 Posted on March 26, 2014 in Divorce

Divorce in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under the current law, a person does not have to prove grounds to obtain a divorce. Illinois is now a "no-fault" divorce state.

"Fault" Grounds

Fault divorces hearken back to the past when getting a divorce was less frequently done. The law required one party to show that the other party was "guilty" of some misdeed in order to obtain a divorce. In Illinois, fault grounds included things like adultery, abandonment, and mental cruelty.

Illinois residents often wondered if there were any benefits to seeking a fault divorce. After all, if one partner causes the marital breakdown—perhaps by having an affair—then shouldn't that be reflected in the divorce?

While it may have been emotionally satisfying to have someone take the blame for a divorce, it did not affect the process or the outcome. A court simply did not have the authority to award one party more property than the other because the other spouse acted badly.

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 Posted on March 22, 2014 in Division of Property

A major issue of contention during most divorces is the division of assets and liabilities between the parties. These assets may include real property, business interests, bank accounts, retirement interests, and personal property, such as jewelry, household furnishings, and pets. Liabilities may include mortgages, home equity loans, other loans, such as student loans, and credit card debts. What assets and liabilities exist and need to be divided is, however, case specific as each individual couple will have obtained specific assets and incurred their own debts.

Before any assets or liabilities can be divided, however, first they must be determined to be marital or non-marital property. The rules regarding property designations are different from state to state. A few states follow what are known as "community property" rules; however, Illinois, is not a community property state.

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 Posted on March 13, 2014 in Collaborative Divorce

When considering a divorce, there are many ways to go about the process. The separating parties may choose to go to court and let the judge decide their fate; they may choose mediation; or they may choose a collaborative approach. During the process of a collaborative divorce, both parties are represented by their attorney. Keep in mind that for a collaborative divorce approach to be successful,nit is essential that each party and his/her lawyer understand and commit to the principles of collaboration.

In a collaborative law approach to divorce, each party agrees to disclose all information to the other party and refrain from holding anything in confidence. Ideally, the attorneys work with their clients, as well as with one another, to ensure a process that is both positive and productive. As an agreement in the divorce is reached, the attorneys will memorialize the terms and conditions of the agreement in a document called a marital settlement agreement which is reviewed by both parties, and reflects the progress made. Only after all issues, such as custody, property division and debt allocation, are agreed upon will the case be filed in a court of law. Then, the judge will enter a Judgment for Dissolution of Marriage incorporating the Marital Settlement Agreement.

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 Posted on March 07, 2014 in Collaborative Divorce

As discussed in a previous blog, a contested divorce can be very costly in terms of both time and money. An article in Chicago Magazine estimates that a typical contested divorce costs an average of $20,000 to $25,000. In addition to spending down their assets, the parties will spend months or even years in court. That is why more and more parties are moving toward alternative options outside of the traditional litigation process.

One of the most common forms of alternative dispute resolution is mediation.

In contrast to the typical litigation process, a mediated divorce may take only a few months and may cost significantly less in attorneys' fees and discovery expenses. There are also many other benefits gained by achieving a divorce through mediation, like maintaining a good relationship with your former spouse for the sake of the children.

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 Posted on March 03, 2014 in Collaborative Divorce

The cost and time associated with the typical divorce process ("litigated divorces") are extensive. This is unfortunate, because during divorce former spouses almost always want a quick and fair resolution. Also, when children and custody issues are involved, the parents hope to keep the children removed from the process to every extent possible.

Fortunately, different options exist besides traditional litigation that may better meet your needs. Consider the various methods of alternative dispute resolution to ease the difficulties surrounding divorce and child custody.

Understanding ADR Options in Illinois Family Law Cases

Alternative dispute resolution (ADR) is a general legal term that refers to several methods upon which attorneys may call to reach settlements between parties. The three most common forms of ADR include: (1) Four-way Settlement Conference, (2) Mediation, and (3) Collaborative law. It is worthwhile to understand each of these options and weigh their value before proceeding to litigation. Each method of dispute resolution has pros and cons that should be considered before deciding on the use of one particular method. The one constant between the methods, however, is that they may be less time consuming and less expensive than the litigation process.

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 Posted on November 29, 2013 in Pet Custody

Child custody disputes are often the most emotionally-charged part of a divorce. Unlike property distribution, custody issues involve real human bonds of love and affection. Divorcing parents are naturally willing to go to great lengths to protect their relationship with their children. Fortunately, in most cases a final agreement is reached which provides both parents with some rights-it is not a zero-sum fight.

But what about custody of non-human companions: pets? Many owners have attachments to their animals that are similar to parents of children. When a couple divorces, who gets the dog or cat?

Unfortunately, even though a dispute over pet ownership may be best analogous to child custody, the two issues are treated very differently under the law. Under state law, pets are considered property. Therefore, though not specifically mentioned in state divorce statutes, pets are divided up based on property distribution rules in Illinois.

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 Posted on November 22, 2013 in Child Support

Each year, the federal government sends money to help courts collect child support from divorces in Illinois and other states. In spite of this, the state frequently experiences problems with collecting this money, leading to increased frustration of parents on both sides of the divorce table.

Take for example, the case of Lydia Blaisdell and her ex-husband, Robert. Lydia recently told the Chicago Tribune she believes her husband owes more than $70,000 in child support. In spite of having a warrant issued for his arrest in Lake County, Robert Blaisdell admits to living a fairly carefree life in Alaska. While Lydia feels victimized by the court's inability to collect the owed support, Robert feels that the court system treated him unfairly, and questions the amount his wife says that he owes. Their case is the perfect example of how parents often find themselves in an overburdened court system.

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