Chicago Illinois Family Law Blog
Guidelines Released by Illinois Dept. of Insurance for Civil Union Spouses
On May 26, the Illinois Department of Insurance released information for insurance companies and consumers regarding the “Illinois Religious Freedom Protection and Civil Union Act,” which took effect on June 1. The Act permits unmarried adults in Illinois to enter into a civil union, and grants them much of the same legal rights that the law gives to married couples in the state.
On its website, http://www.insurance.illinois.gov, the Department published new information that explains the law’s impact on insurance coverage and benefits. A fact sheet for consumers contains frequently asked questions that cover such aspects of the new law as how to enroll a civil union spouse under an employer’s health plan. The Department also offers guidelines for Illinois insurance companies to help ensure that they comply with the new law and give policyholders information they need to know about the new law. Illinois residents with questions can visit the Department’s website or call one of the Department’s insurance experts at 866-445-5326.
Census Bureau Survey Discovers U.S. Divorces Decline Slightly, But “Seven-Year Itch” Remains
ABC News reports that new data released by the Census Bureau shows that divorces in the U.S. have tapered slightly after decades of steadily increasing. Couples are now more likely to achieve 10 years of marriage. However, the trend of couples getting a divorce after seven years of marriage, called the “seven-year itch,” remains.
The Census Bureau obtained the data after conducting its Survey of Income and Program Participation in 2009, which surveyed 55,497 adults who are or have been married. Approximately 75 percent of people who have been married since the 1990s reported they had been married for 10 years or more, an increase of around three percent as compared to people married in the 1980s, when divorce rates in the U.S. began to peak. The 1960s and 1970s saw the highest divorce rates as the result of new laws that were passed that made it easier and faster to divorce.
Study Finds a Connection Between Unemployment and Divorce
According to The Huffington Post, a recent study conducted by sociology professors at Penn State University found that, since the 1980s, divorce rates have consistently dropped when unemployment rates have increased.
The study analyzed data from all 50 states in the U.S. between 1960 and 2005. Researchers expected to discover that unemployment destabilizes marriage. Before 1980, this was true: when unemployment numbers rose, so did the number of divorces. Since the 80s, however, when unemployment rates have increased, divorce rates have declined.
Divorce Rates Increase as the U.S. Economy Recovers
ABC News reports that divorce attorneys across the United States have seen an increase in the number of couples who are seeking to finalize their divorce after months of indecision during the economic recession.
According to the vice president of the American Academy of Matrimonial Lawyers (AAML), John Slowiaczek, the increase is due primarily to finances. He notes that many law firms are seeing an increase in the number of clients they have as the country recovers from the recession. Specifically, his law office in Nebraska saw an increase of 25 percent from January through April of this year when compared to the same period in 2010. Linda Lea Viken, president of the AAML, says that the recession made it difficult for couples to divorce on both emotional and financial levels. She notes that many couples may have assets that have decreased in value, or may be facing foreclosure on their home, both of which make it very risky for divorce. Some couples may have also had fears about the burden of being entirely responsible for their own bills after the divorce.
The Importance of Prenuptial Agreements for Married Couples Who Own a Business
Recently, Forbes featured an article that discussed how divorce can complicate business ownership, particularly if the value of a business increased during a marriage. The value of a marital business in Illinois will usually be included in marital assets that will need to be split between divorcing spouses following a business valuation. However, there are steps a party can take to protect the business and their investments. If they have a greater stake in the business or if they consider the business to be separate property, they may be able to prevent a business valuation from being conducted.
While marital and separate property can be incredibly complicated, typically, one party will claim a right to a certain percentage of the other party’s business, whether or not they contributed directly to growing it. One of the biggest steps a person can take to protect their business during a divorce is to have a pre-nuptial agreement in Illinois in place before the marriage begins. In order for the prenup to be most effective, it should contain certain elements, including:
Important Steps to Take Once Your Illinois Divorce is Finalized
Recently, The Boston Globe featured an article that noted several important steps a newly divorced person should be sure to take once their divorce is finalized to protect themselves and their financial future.
First, you should close all joint credit accounts that you shared with your now ex-spouse. Be sure all your credit card bills and/or debts are paid and are closed, either by yourself or your ex-spouse if they are responsible. You should also close all joint bank accounts you previously shared and open new checking and savings accounts in your separate name. Failing to do so could have serious repercussions for your finances and credit score. If appropriate, change your name with the Social Security Administration (SSA) before opening new accounts.
Civil Union License Fee May Match Marriage License Fee in Kane County
The Courier-News reports that the Public Service Committee in Kane County, one of the larger counties in Illinois, has approved a fee for civil union licenses to be implemented when civil unions become law on June 1. The fee is the same as the current fee to obtain a marriage license in the county, and was proposed by Kane County Clerk Jack Cunningham.
The Committee approved the recommendation regarding the fee on Thursday, April 21. Now, the resolution goes before the county board, and if it is passed, the fee for a civil union license will be $27. A civil union certificate will cost $11. In order for the union to occur, a license is needed. However, the certificate is the evidence that the marriage occurred and needs to be filed with the county clerk’s office. Any additional copies of the civil union certificate will cost $4 apiece. Cunningham stated he believed it made the most sense to have the fee for a civil union license mirror the current fee for a marriage license.
Illinois Parents Who Break Agreements Would Lose Driver’s Licenses Under New Bill
According to ConnectTriStates.com, House Bill 1604, also known as the Steven Watkins bill, was recently passed by the Illinois House by a vote of 78-36 and now goes before the Senate. If passed, the bill would increase the penalties a custodial parent would face if they willfully violated visitation rulings ordered by the court that relate to non-custodial parents. Parents in Illinois who do not comply with visitation orders would have their driver’s license suspended for six months, face fines of up to $500 per day, and face possible jail time.
How to Choose a Mediation Attorney for Your Illinois Divorce
The decision to divorce is a difficult one, and has many extensive consequences. While every situation is different, the process can become very complex and time-consuming, leaving those involved exhausted and stressed. Rather than face the strains of courtroom litigation, many couples going through an Illinois divorce opt to settle matters through mediation.
Mediation in Illinois is an option for divorcing couples to consult with a highly trained professional and discuss the situation in a reasonable manner. As discussed in a recent Huffington Post article, the mediator does not have a bias in the outcome and is there to assist a couple to determine the details of their divorce. Typically, during mediation, issues such as property division, child custody and visitation agreements, and more are decided. It is essential, then, for you to select an attorney with experience in mediation, whom you can trust since they are protecting your legal rights during the mediation process.
Charlie Sheen, Brooke Mueller Appear in Court over Custody of Twin Boys
KTLA reports that infamous actor Charlie Sheen and his estranged third wife Brooke Mueller appeared in a Los Angeles courtroom on Tuesday morning, April 19, 2011, for a custody battle regarding Max and Bob, their 2-year-old twin boys.
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