If you are thinking of getting divorced, then you have probably realized that there are so many important matters to attend to. If you have children, then that is on the top of your list of issues to sort through prior to the divorce. There is allocation of parental responsibilities, child support, and parenting time schedules. What Are Some Benefits …
A Champaign Divorce Mediator Explains How Mediation Can Help Resolve Difficult Issues
Divorce can be a very complicated proceeding. Both parties can be very emotional about the entire process, and this can slow things down. When both sides are furious, the process can drag on for months because agreements cannot be made on the divorce’s important issues. Sometimes it takes a third party to get things moving and help the divorce move …
How to Handle Make-up Time and Communication Issues During COVID Quarantine
Co-parenting after divorce is complicated at the best of times. With COVID quarantine problems over the last year, co-parenting has been become even more challenging. With so many people being sick and others doing everything they can to avoid spreading the contagion, regular parental visitation has become extremely difficult. This leads to communication issues between former spouses as well as …
Ask Cari: When is a Marriage Irretrievably Broken? How do you Calculate this in Months?
A divorce just takes one party to want to get a divorce in most states. States like Illinois and New York both require the “ground” that the marriage is irretrievably broken. Similarly, it only takes one party to state under oath that the marriage is irretrievably broken. It doesn’t mean you two aren’t having sex or aren’t living together – …
A Closer Look at the Pet “Custody” (or Pet Allocation) in Illinois
A recent Champaign County case was decided concerning the division of property concerning pets in a divorce. In the case of IRMO Montgomery v. Montgomery, a childless couple had two Shih Tzu dogs together that were about one year apart in age. Both proved to be fit owners and the Husband had both dogs when the Wife moved out. Later, …
NALC Fact Sheet: Animal Law Issues in Farm and Ranch Divorces
There are a myriad of animal law issues affecting farm and ranch families who are going through a divorce (both with companion animals but also livestock and frozen genetics). Read my Fact Sheet with the National Agriculture Law Center here. Don’t forget to check out all my NALC Fact Sheets on family law issues with agriculture here.
Who Claims the Child(ren) as Tax Dependents under Illinois Law?
In Illinois, it is within the trial court’s discretion to give the dependency status to one parent because the tax dependency issue is viewed as an issue of support. In re Marriage of Evanoff and Tomasek, 2016 IL App (1st) 150017 (1st Dist. 2016), In re Marriage of Sawicki, 346 Ill.App.3d 1107 (3rd Dist. 2004). If a court allows the …
NALC Fact Sheet: Equitable Distribution Issues in Farm and Ranch Divorces
When I say that divorce is one of the Big D’s that hurt multi-generational family farms, I am mostly referring to equitable distribution issues. Read my fact sheet on this issue here. You can also check out all my fact sheets with the National Agriculture Law Center on family law issues here.
NALC Fact Sheet: Farm Succession and Estate Planning Concerns in a Divorce
Oftentimes folks who are getting a divorce, do not think about estate planning concerns but this is an especially important issue for multi-generational farm and ranch families, Read my fact sheet with the National Agriculture Law Center on this very topic here. All of the family law issues in agriculture Fact Sheets can be found here.
Family Law Issues in Agriculture: Child Support
Child support in most states is largely formulaic (i.e., a math equation)– basic support is typically calculated by looking at the income and qualified deductions of each parent. However, for most involved in farming and ranching or other kind of agri-business, finding the numbers for the math equation is anything but straightforward. This figure is also used to help calculate …
Family Law Issues in Agriculture: Keeping the Business Intact
Most parties going through a divorce do not consider the option of keeping the farm business intact. Everyone’s brains (including the lawyers’) typically go to dividing the farm/ranch assets, along with its inventory. However, there is another option: keeping the business intact. This has several advantages, especially if this is a multi-generational farm family business. This requires careful planning and …