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Chicago Family Law Blog

Olympic skater Johnny Weir and husband divorce

In Chicago and across the U.S., same-sex marriage is becoming a reality for many. In some Chicago counties, same-sex couples have been able to legally marry before same-sex marriage is set to be widely legalized in the state. As same-sex marriage is becoming more common, same-sex divorce is also a reality that many are now facing. While some couples may be celebrating legalized marriage, others may be facing the complex family law issues that come with divorce.

For example, one celebrity same-sex couple is in the process of getting a divorce. Chicago residents who kept up with the Winter Olympics in Sochi may remember Johnny Weir, the figuring skating star. According to reports, Weir and his husband decided to call it quits recently. The decision to divorce came shortly after charges of domestic abuse charges were filed by his husband, in which he claimed that Weir had bitten him during a disagreement. He requested the charges to be dismissed -- a request that was granted.

Child support modification granted to Beyonce's father

Child support agreements do not always work out the way they are intended to. In some cases, an agreement must be modified months or years after the child support agreement is settled. A parent's income is rarely static and what was a feasible amount in monthly payments at one point in a parent's career may not be so months down the line. Because of this, many parents choose to seek child support modifications in order to reduce the amount owed in monthly payments to a more reasonable number.

Chicago residents may remember Beyonce firing her father as her manager in 2011. The story made the tabloid headlines. What they may not know, however, is that the firing had a great effect on the income of her father, Mathew Knowles. Knowles may have once been able to have paid for his $12,000 a month child support payments, but after being fired as Beyonce's manager, he no longer found the amount to be viable.

Lifestyle clauses allow couples to set own rules for divorce

Some Chicago residents may still hold onto antiquated notions of prenuptial agreements. This is understandable -- sometimes what a prenuptial is and who makes use of them can be unclear. However, with a clearer understanding of what purposes a prenuptial agreement serves, as well as its various uses, many may come to see the value of a prenup in protecting assets and setting certain rules for divorce.

In fact, one antiquated notion involving prenuptial agreements is that they only serve to protect the assets of the wealthy. This is not so. Even a couple without great wealth can benefit greatly from the various purposes a prenup can serve. For example, lifestyle clauses are becoming increasingly popular for the soon-to-be married and these clauses do not necessarily involve financial terms.

Could same-sex couples across Illinois wed immediately?

Same-sex couples in Illinois reached another milestone earlier this month, after the state's Attorney General wrote a letter urging that all county clerks in Illinois allow same-sex couples to marry immediately, instead of waiting until June, when the Religious Freedom and Marriage Fairness Act is scheduled to take effect. Although federal law defines marriage as the union between a woman and a man, one of the objectives of family law is to protect the rights of same-sex couples.

On February 21, U.S. District Judge Sharon Johnson Coleman ruled that marriage licenses could be distributed immediately in Cook County. The rule applied only to Cook County because a class-action suit was filed against that county. However, in a recent letter from the Illinois Attorney General to the Macon County Clerk, she said that the Constitution's guaranteed protections should exist regardless of county lines. Given recent federal rulings and the non-binding ruling in Cook County, if another county were to deny a marriage license to a same-sex couple, they could face legal action. In addition, the Governor has gone record as stating that he believes that when it comes to love, no one should have to wait for equal rights.

Researchers use advanced physics to study child custody

Crafting a child custody agreement can be difficult work. Both parents want to make sure they have sufficient parenting time and the court wants to make sure that their plans meet the best interests of the child. Still, the work of child custody isn't over once the agreement is signed and approved. If one parent has to work one weekend, it can throw a child custody exchange into chaos. If the parents begin new relationships with people who have child custody orders of their own, balancing all the schedules can feel like performing advanced physics.

That's what a physicist thought, anyway. A scientist who ordinarily works on theoretical physics of black holes recently turned his skills to the problem of juggling child custody arrangements. The man was trying to schedule times that he could see his children from two previous marriages at the same time as he and his new partner had custody of her children from a previous relationship. He asked friends and colleagues who work on the mathematics of complex systems to help him study the problem that he and parents like him routinely face.

Safeguarding a small business from divorce problems

Without adequate preparation, the end of a marriage can be harmful to anyone. This is especially true for small business owners, as a privately owned business can make up a large portion of a business owner's marital property. Losing property that is not only financially valuable, but also may hold sentimental value and may be part of a divorcee's identity -- like a small business -- is not how most want their divorces to proceed. Thankfully, there are ways for Chicago residents to safeguard a small business, or any other property, and start post-divorce life on strong footing.

One such way to safeguard a small business is to take measures before marrying, namely, by signing a prenuptial agreement. Prenuptial agreements allow couples to protect assets before getting married. Couples can agree to whatever terms are appropriate for their marriage. For a small business owner, this may mean agreeing that the owner retains ownership following the divorce. It is a simple, prudent action that small business owners can take that can potentially avert a very problematic situation during the divorce.

Americans over 50 twice as likely to get divorced

Almost anyone's marriage can disintegrate over time. No matter how old the person is, or how long the relationship lasted, a divorce is always a possibility. Sometimes it takes just months to realize that a couple's differences are irreconcilable. Other times it may take decades. In any case, it is best to prepare for the possibility of divorce and if a couple does decide to split, a strong legal strategy can help them through the process.

Chicago residents may find a statistic about divorcees surprising. According to a new report, Baby Boomers are setting new records for divorce. In fact, Americans over 50 today are twice as likely to get divorced as people of the same age 20 years ago . Divorce is so common that some are calling it something like a rite of passage for the post-World War II generation.

A new world of family law for Illinois same-sex couples

Wedding bells are ringing early in Illinois -- or at least, wedding licenses are being issued early -- after courts ruled that same-sex couples don't have to wait until June to get married in Cook County. This is a time of celebration for Chicago's same-sex couples and everyone who supports marriage equality. However, it's important to remember that some of the most important legal components of marriage equality pertain not to weddings, but to divorces.

Now that their unions are legally recognized, individuals in same-sex couples in Illinois have the same divorce rights as heterosexual married couples. One of the most important of these is the right to equitable property division.

Why a rising divorce rate points to an improving economy

After years of a sluggish recovery, the economy is doing better in Chicago and the rest of the country. The job market isn't great, but it's getting better. Consumer confidence levels appear to be rising and the housing market is improving. Economists also point to one other indicator of an improving economy -- the rise in the divorce rate.

It may seem odd to point to divorce as an indicator of good news, but observers say that people don't get divorced unless they feel they can afford to go off on their own. In tough economic times, people often stay in unhappy marriages simply because they don't feel confident that they will be able to afford to maintain two different households, let alone handle child support, alimony or the other costs that follow the end of a marriage.

Olympic athlete's custody battle raises troubling issues

Many Chicago viewers were captivated by the Winter Olympics this month, and turned to print and online articles to read all about the life stories of their favorite athletes. If so, they may have been surprised to come across one story about an Olympic athlete that raises troubling issues about parental rights.

Bode Miller, the medal-winning skier, was involved in a nasty child custody battle last year with the mother of his child. The two briefly dated in 2012 when both lived in California, but the woman later told him that she had become pregnant. By then, the skier had moved on to a new relationship with the woman who would later become his wife, but he wished to be involved in the child's life.

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