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Divorce

The Second Time Around Could Ring Your Bell: The Dangers of Child Support for the Non-Owing Spouse

By: Shannon Luschen and Joy Feinberg Beware: If you are married to someone who pays child support, your income now can be combined with your spouse’s income for purposes of calculating your spouse’s child support obligation.  Illinois has ventured into new territory with In re Marriage of Rushing. In Rushing, the appellate court affirmed a…
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New Year, New Divorce Laws

By: Madilyn Keating Ellsworth, Esq. Starting January 1, 2019, more than 250 new laws became effective in Illinois, including significant changes to Illinois’ divorce laws. This article summarizes the major changes to the Illinois Marriage and Dissolution of Marriage Act taking effect this year: I. Maintenance (750 ILCS 5/504) As of January 1, 2019, maintenance…
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Molshree ‘Molly’ Sharma Named to Crain’s Chicago’s Notable Women

Sharma, a partner at family law firm Boyle Feinberg Sharma, received the honor which recognizes legal industry leaders in Chicago Molshree “Molly” A. Sharma, a partner at family law firm, Boyle Feinberg Sharma, was recently honored by being named to the 2018 Chicago’s Notable Women Lawyers list by Crain’s Custom Media, a subsidiary of Crain’s…
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In re Marriage of Allen Blog Post

Keith and Debra Allen had lived together for 13 years prior to getting marriage. They had been married for less than 7 months when they filed for divorce. Before their case went to trial, Debra sought leave to amend her Petition with common law claims based on their 13 pre-marital years of cohabitation. The primary…
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Hacking spouse’s email

In the highly emotional time of a divorce, it can become tempting for people to cross lines that should not be crossed.  Hacking into your spouse’s email account or computer to try and find some damning evidence against them is that step too far.  Recently a husband sued his wife for reading the private emails…
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Civil Unions – how far back do we value assets?

In a recent decision by the Second District Appellate Court, the Court held that as of the effective date of the Illinois Religious Freedom Protection and Civil Union Act ( the “Act”), (effective June 1, 2011) Illinois recognizes any civil union that was legally entered into in another jurisdiction as valid from the date on…
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Gifts vs. Loans in Divorce

Many married couples receive financial assistance or assets from their family members. If the parties file for divorce, how should these assets be classified and divided by the court? Illinois excludes property acquired by gift from a third party from the marital estate, because these gifts are not earned by the efforts of marital partnership.…
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Major Changes to Illinois Maintenance Laws

When a client asks how much maintenance, also known as alimony, they will be ordered to pay or receive the long standing answer has been “It is hard to know for sure”. The inconsistent and unpredictable maintenance awards handed out by the many Illinois Judges have been frustrating both attorneys and our clients for years.…
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Keeping Your Divorce Settlement Private

If you are a newsworthy figure whether as an athlete, a philanthropist, a business owner, a highly compensated executive or a well-known executive this may be a good reason to keep the facts of you divorce settlement confidential. As an athlete you may not want the terms of your contract made public. As a business…
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Tax implications when a marriage ends

Tax issues related to divorce might take couples by surprise, especially when they are financially set. Couples in Illinois and elsewhere need to keep several things in mind when dividing their assets at the end of a marriage. First, state law determines how assets are handled during a divorce. In community property states, both parties…
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Recipe ownership disputed in deli divorce case

Illinois residents may be interested to hear that the divorce of the owner of the New York landmark Carnegie Deli and her husband has become focused on the alleged theft of proprietary recipes. The owner has accused her husband of 22 years of giving away recipes for the deli’s famous pastrami and cheesecake to another…
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Divorce and pet custody

Illinois readers may be interested to know that some judges are acknowledging that pets are family members. Rather then treating them as personal property in a divorce, in some cases, the best interests of the animal are being considered. It isn’t unusual to see legal motions filed asking for sole custody of the family dog.…
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Debt after a divorce and legal recourses

In different jurisdictions, including Illinois, an ex-spouse can seek legal recourse when his or her former partner continues to incur debt on joint credit cards or accounts. During divorce, debt is usually split up between partners, and their joint accounts are closed. Divorced individuals whose financial situations and credit scores are impacted by their former…
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Clint Eastwood to divorce wife of 17 years

Illinois fans of actor Clint Eastwood, 83-years-old, may want to know of his recent split with a woman he spent the past 17 years married to. In an odd turn of events, Clint and Dina Eastwood are now said to be dating two former spouses, one of whom was a high school friend of Dina’s.…
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Marital assets to be remembered in property valuation

Illinois residents who are going through a divorce need to ensure that they take into account all of their assets when they are coming up with a valuation of their property. Real estate, vehicles, bank accounts, furniture and artwork usually come to mind, but other less-visible assets are no less valuable but often forgotten. Collections…
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