When I meet with new divorce clients we often spend much of our time at the initial interview discussing the house. Issues that are important are how the title is held, valuation, mortgage balance, second mortages and other loans against the home.
We need to look at when the home was purchased, whose name is on the title and the mortgage (they may not be the same), how the down-payment was acquired and whether the parties are current in their payments. We discuss the current real estate market situation in Deerfield, Highland Park, Lake Forest and other suburbs for homes in their selling price range. I also like to begin a discussion to find out whether either of the parties can afford to buy out the other parties interest in the home or if the home must be listed for sale.
Many divorcing couples have borrowed money from parents for the down-payment and we need to examine whether or not there is a recorded lien, morgage or promissory note for the down-payment funds. Without proper documentation, money from parents is generally considered to be a gift to the parties. The Law offices of Patricia Kalal will work with clients to determine the best strategy regarding the marital home and other investment real estate before the divorce is even filed.
::Patricia A. Kalal, Family Law Attorney and Divorce Attorney
http://www.pkfamilylaw.com
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When parties divorce, many of the usual lines of communication have broken down. This can be a serious problem when the parties need to keep track of their children’s schedules, medical expenses and activities. Several web sites have been developed for parents to use for scheduling and other purposes.
In Lake and Cook counties in Illinois, www.OurFamilyWizard.com is used most frequently by family law and divorce attorneys and judges involved in high-conflict divorce cases. This site keeps track of all communication between the parties and can be monitored by the Judge and Child Representative. The visitation calendar is the most used feature on the site, with color-coded visitation days showing which days belong to Mom and which belong to Dad. Scheduling conflicts are also highlighted. The calendar allows parties to post the schedules of the children as well as which party will pick up and drop off the child at the beginning and end of visitation.
The message board feature allows the parents to communicate via the website and is easily monitored by a third party such as the attorney for the children or the Judge. This avoids a lot of the “he said/she said” exchanges which are part of many divorces. The site will note exactly when Mom advised Dad that Billy was invited to a birthday party and wouldn’t be able to see Dad on Saturday. It will also show whether Dad really invited Mom to attend Jane’s science fair at school.
Other, similar web sites are www.JointParents.com, www.CustodyXchange.com and www.CustodyPlanner.com. The cost for use of these sites is between $100 and $150 per year and is usually shared equally by the parties.
If communication and scheduling issues are prevalent in your divorce you may need to acquire a court order requiring the parties to utilize one of these sites. For more information on divorce and family law issues or if you are have need for a Deerfield divorce attorney and family law attorney in Highland Park, visit my website and we can schedule an initial consultation.
:: Patricia A. Kalal, Divorce and Family Law Attorney
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By now you must have heard some of the hype about this recent book and the author’s unusual approach to her daughters upbringing, especially in the areas of piano and violin practicing.
I have to admit that I have started using some of her methods though in a much less intense manner.
I am wondering if this type of parenting practice will ever come up in one of my divorce cases.
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There was a blurb on NPR that the number of unhappy couples seeking divorce in the US has increased as the economy improves and stabilizes. This makes sense because selling major assets such as a home at a profit is unlikely during the down economy. It’s also unlikely that a couple seeking a divorce during the recession would have the funds to purchase their own homes and move on separately.
Before the economic rise, couples considering hiring a divorce attorney held off on deciding to split because of the real estate crash. Considering selling a home and buying a new one was unwise in uncertain times, so most people toughed it out. According to the American Academy of Matrimonial Lawyers, evidence across the United States has shown that the recent economic upswing has caused couples who were waiting to split have filed for divorce. Divorce Attorneys have said that there has been an increase in couples or individuals seeking information on divorce on and offline.
The economic factors of a divorce are still a significant piece of the puzzle in the decision a couple makes on whether to follow through or not. Child Custody, Alimony, Pre-nuptial Agreements, and Property Division are a hot topic brought up with Divorce Attorneys and Child Custody Attorneys as well as taxes and complex asset divisions. Legal Counsel for divorce is highly recommended for those who are worried about having a variety of options available, as well as those who need to assess their marital property and income. These things could easily become points of contention and conflict in the courtroom.
If you are going through a divorce of your own and would like your questions answered by a local Deerfield Divorce Attorney, Highland Park Divorce Attorney, or a Lake Forest Divorce Attorney, feel free to contact me at my office.
:: Patricia A. Kalal, Divorce and Family Law Attorney
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Getting off the topic of Divorce, I was the Mystery Reader in my daughter’s classroom this morning. As I sat in the car practicing the book that I was planning to read to the class I realized that I was more nervous about reading to a group of 5th graders than I was arguing a case in court!
I should have realized that the kids really didn’t care what I read. They were happy to have a break from their school day routine and eat the donuts that I brought for snacks.
:: Patricia A. Kalal, Divorce and Family Law Attorney
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Divorce attorneys often find that January is one of our busiest months for new divorces. It must be a New Years resolution to move on with your life and file the divorce that probably should have been filed years ago. For better or worse, the numbers suggest that “Divorce Month” is real. According to statistics published by eDivorcePapers.com, January has the most legal divorces out of any other month. The arctic are seems to be extending to more than just the weather!
Certified Divorce Attorney Cathy Meyer says: “January consistently sees the most divorce filings. It just really amazes me, though it probably shouldn’t. . .my own husband left in January.”
Divorce Attorney James Gross of Maryland-based law firm Thyden Gross & Callahan confirms that the “Divorce Month” phenomenon is well-known to law professionals, explaining, “Some attorneys take the last two weeks of the year off to get ready for the rush. January really does see a lot of divorces.”
If you are in need of a Deerfield Divorce Attorney, Highland Park Divorce Attorney, or a Lake Forest Divorce Attorney, I would be happy to speak with you.
:: Patricia A. Kalal, Divorce and Family Law Attorney
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Tipper & Al are not the only long-married couple to call it quits. 25% of recent divorces are among couples who have been married for at least 20 years. Splitting up the nest egg involves such issues as whether one spouse can afford to maintain the marital residence and how much are all those pension, 401(k)’s and other retirement accounts worth? Also, many couples now have children in college which raises the issue of who will pay the college expenses and student loans.
Most divorces eventually settle out of court after negotiations and settlement conferences to discuss the division of assets and debts.
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If you are divorced or in the process of getting divorced, now is the time to work out potential problems regarding summer vacation with the kids, summer camp and other scheduling problems. Now is the time to look at your calendars and anticipate possible scheduling conflicts. For example who gets the kids on Labor Day and Memorial Day? Is the Monday holiday part of the long weekend or is it a separate visitation date? Schedule a consulation with Patti to work out your summer calendar in advance. As an experienced attorney and mediator, Patti can help you get summer schedules in place before they turn into arguments and emergency court motions. Patti’s goal is to help families enjoy the summer months without conflicts or legal battles. Call us to schedule an appointment for consulation or mediation on any scheduling issues.
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While in court today I was reminded how important it is to plan for and discuss future college expenses for your minor children at the time of the original divorce. Make sure that your attorney includes a comprehensive list of expenses that will be shared between the parents. This list can include transportation costs for school breaks, clothing allowances, books, entrance exams and applications fees.
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