IS AN INHERITANCE CONSIDERED MARITAL PROPERTY?

The answer to this question is both simple and complicated.  First of all, by statute, an inheritance is not considered marital property.  However, once the inheritance is commingled with marital property, such as being placed in a joint account, it essentially becomes marital property.  Also, while dividing assets in a divorce, the judge's job is to put each party in a reasonable position moving forward.  Therefore, if one party received a large inheritance while the parties were married, he or she may receive that inheritance back following the divorce, but the judge may order the opposing party to receive a majority of the marital property so that each party has the assets necessary to continue their standard of living after the divorce.  As a result, the entire inheritance may be given back to the heir in accordance with the statute, however, that may adversely affect how the rest of the assets are divided between the parties.

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WHO COMPLETES THE FAFSA WHEN THE PARENTS ARE DIVORCED?

If you are divorced and your child would like to apply for college financial aid, the Free Application for Federal Student Aid (FAFSA) should be completed by the residential or custodial parent, meaning the one with whom the child has resided the most within the last 12 months.  If the divorce is reatively recent or if the time spent with each parent is about equal, then the FAFSA will be completed by the parent who has provided the most financial support.  Finally, if the decision is till close, the financial aid director will be the one who makes the ultimate decision.

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HOW DO I OBTAIN A DIVORCE IF MY SPOUSE HAS MOVED OUT OF THE STATE OR COUNTRY?

More and more often, we are receiving these questions from clients who had their spouse move out of town, usually for work or as part of a separation, and would like to file for a divorce.  Generally, the most complicated aspect is serving the spouse.  A divorce petition can be filed in your county of residence as long as you have resided there more than ninety days.  However, your spouse must be served with the petition, which typically isn't too difficult if he/she resides in the country and you have a relatively current address for them.  However, if your spouse has relocated out of the country or you have lost all contact with him/her, service could become quite a bit more complicated and costly.  Either way, if you are able to serve your spouse, the remainder of the procees should be relatively simple and similar to if that individual has resided in the local county.  If you are currently in this situation, please contact one of our divorce attorneys for a free consultation.

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WHAT HAPPENS WHEN BUSINESS PARTNERS DIVORCE?

When a couple going through a divorce are also bubsiness partners, it can create a complicated asset and property division situation.  Typically, the parties will refsue to continue working together and the business must somehow be divided.  The first step is usually to get a estimated valuation of the business.  This will provide a starting point for the parties.  The second step is to determine how a party will be compensated for his/her equity, and which party will continue running the business.  Dividing the equity can be as simple as one party buying out the other's interest in the business with a lump sum or periodic payment.  However, it is not usually that simple.  What happens when both parties want to continue running the business?  Or neither do?  This is when an experienced divorce attorney can explain your options and assist you in determining what may be in your best interests.

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WHAT IS A JOINT SIMPLIFIED DIVORCE IN ILLINOIS?

In Illinois, certain couples will qualify for a joint simplified divorce, which will be much cheaper and quicker for the parties.  In order to qualify for a joint simplified divorce, the main restrictions are that the parties must be citing irreconcilable differences as the grounds for the divorce, neither party may own real property, no children were born during the marriage to the parties, neither party will need to rely on the other for spousal support, and the marriage could not have lasted longer than 8 years.  If you and your spouse qualify under these conditions, a joint simplified marriage may be the best solution for you.  If you are unsure about your rights, please contact one of our divorce attorneys for clarification.

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DO I HAVE TO TAKE PARENTING CLASSES PRIOR TO MY DIVORCE?

Depending on what county is handling your case and if you have minor children, you may be required to take an parenting class prior to the judge finalizing the divorce.  The parenting classes can be taken online and cost around $50.  The class takes 3-4 hours and you will have to pass a test prior to obtaining your certificate of completion, which then must be filed with the court.  Some judges will ensure the classes are taken prior to the prove-up date, while others may not see it as important.

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MENTALLY DISABLED NOW ALLOWED TO FILE FOR DIVORCE

Thanks to a recent Supreme Court ruling, mentally disabled individuals are now allowed to file for divorce in Illinois.  Prior to this ruling, neither the individual could file for divorce nor any guardian representing the individual.  The court ruled that a general ban is no longer ideal, and instead, the court will review each filing on a case-by-case basis, and will consider the best interests of the mentally disabled individual.

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