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Palatine Family Law Blog

Court documents revealed in NASCAR Chief's divorce

The notion that money is the root of all evil may have some credence after thousands of pages were unsealed in the divorce of NASCAR chief executive Brian France and his wife Megan.

The divorce was known largely because of the bitterness between the couple, but it was Brian France's net worth (and the purported settlement) that kept media outlets interested in following the divorce. The split was finalized in 2008, but the documents were not released until a North Carolina appeals court sided with news organizations and determined that they were a matter of public record.

Bills' linebacker brings suit to recover engagement ring

Call it a classic case of love, money and bitterness. 

Buffalo Bills linebacker Mario Williams has brought a lawsuit against his former fiancee Erin Marzouki to recover the engagement ring he gave her when they became engaged in Februrary 2011.

According to an ABC News.com report, the ring, a 10-carat diamond, is valued at $785,000. Williams is best known as being the Texans No.1 overall draft pick in 2005 and recently signed a six-year, $100 million contract with the Bills, which included $50 million in guaranteed money.

 

Michael Jordan marries again. Is there a prenup this time?

Former Chicago Bulls great and NBA Hall of Famer Michael Jordan tied the knot with long time girlfriend Yvette Prieto last weekend. While headlines focused on the guest list (which included sports luminaries Tiger Woods and Patrick Ewing), legal analysts were curious about the prenuptial agreement the parties ostensibly signed before saying their vows.

The Jordan-Prieto marriage is no ordinary celebrity marriage. Jordan's first marriage (which lasted 18 years) ended in a hotly contested divorce which reportedly cost him $180 million. This is where the old adage "experience is the best teacher" certainly comes into play.

Prenuptial agreements are written contracts between soon-to-be married couples that dictate how their assets will be divided in the event of a divorce. They can identify what is to be separate and marital property, and set clear rules on how property acquired during marriage will be divided. This can be especially important where separate property is commingled with marital property during the course of the marriage.

A perfect example is when a couple incorporates their separate property to purchase something that can be considered marital property (i.e. a home or business).

While our prior posts have focused on celebrity prenups (e.g. Phil Jackson, Khloe Kardashian) we would be remiss if we did not mention that couples are not required to be multi-millionaires (or celebrities for that matter) in order to have a prenup. It only takes a desire to plan for the future and the foresight that comes from experience.

If you have questions about prenuptial agreements, an experienced family law attorney can help.

Illinois considers changes to divorce laws

Illinois' divorce and child custody laws have not been modified since 1978. However, a recent bill that is making its way through the House of Representatives may bring the changes that have bemoaned divorcees for years.

According to a CBS News report, the changes will eliminate the need to establish particular grounds for divorce. Many litigants simply cite "irreconcilable differences" as the reason for divorce. Also, divorce judgments would be rendered within 60 days (and 90 days in special circumstances). Additionally, child support would be based on both parents' incomes, instead of the non-custodial parent's, and the time spent with the non-custodial parent would also be factored into the final support obligation.

Elements that custody evaluators consider

Custody evaluators are third parties who are either appointed by the court, or agreed to by the parents, to make recommendations to the court regarding legal custody, physical custody and parenting time. Custody evaluations are not easy. In fact, most parents in Illinois dread them. The notion of having someone who they barely know make a decision about a relationship with their child can be nerve-wracking. Regardless, custody evaluations are a normal (and vital) part of the process, so it is best to be prepared for them.

This post will review a few of the things evaluators look for.

How to avoid problems with rules between homes

It may go without saying, but co-parenting is not easy for divorcing and separated couples. Besides the obvious philosophical differences between parents, children have for generations pitted parents against each other in an attempt to get their way. You may not realize it, but may have already been victim to the old "dad (or mom) said I could have it" scheme, especially when kids live between homes.

When this happens, the parent who eventually gives in is often depicted as the villain, which could create more discord between parents. To avoid this, there are some simple tips that can stem the discord.

Types of people who may need a prenup

Our previous posts have touched upon high-profile prenuptial agreements (i.e. the potential prenup between Phil Jackson and Jeanie Buss) as well as the best time to introduce such an agreement (well ahead of the wedding date).

This post on prenuptial agreements focuses on potential mates; essentially, the types of men and women who would be best served by having a contract.

Options for addressing child support issues

One of the common misconceptions about child support orders is that once a particular amount is ordered, the money is always paid. Even more wishful is the notion that the entire amount is paid on time. The unfortunate reality is that less than half of all support obligations are fully paid on time. According to the latest U.S. Census report, 42 percent of custodial parents do not receive their ordered support payments. For those who do, they commonly do not receive the amount that was ordered.

When support payments do not come as planned, what is a parent to do? This post will provide a few helpful options.

How to avoid spring break drama

After our recent bout of snowstorms, many Chicagoans are more than ready for spring break. This may include a vacation to Florida or California, or just a great "stay-cation." Regardless of the destination, a spring break isn't much of a vacation without the children in tow.

For divorced or separated couples, this can be a difficult task. Warring parents may want to have the children all to themselves or plan trips while not considering the other parent's rights to time with the kids. These types of mishaps often lead to future courtroom battles and more hurt feelings.

However, it does not have to be that way. Here are a few tips on how to avoid trouble around spring break.

Teens and divorce. Helpful tips to maintain your sanity.

Teens are already dealing with many changes in their lives. They may have body image issues, raging hormones, be terribly insecure about acne or have self-esteem issues stemming from a romance gone wrong. At the same time, they are still learning how to be responsible and independent (even if they say they already know how to be). Because of this, a divorce can be a significant disruption in their emotional development, and parents should take notice.

A teen's reaction may vary to the news of divorce. Some may say that they are relieved because they don't have to listen to arguments anymore, while others may be saddened by the break-up. Others may feel guilty, believing that they caused the divorce, and some may feel as if others will look at them differently now that their family has changed.

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