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DuPage Divorce Law Q & A: What Happens When you Move Out of the House?

Property Rights:

If you have ownership rights to your home (a subject for later discussion), you don't give up your rights to ownership simply by moving out before or during a divorce case.  In the present economy, many people are choosing to live together even during divorce in order to save money.  If a spouse moves out temporarily or permanently, he or she does not give up any right to ownership they had to the home.  They may have an obligation to pay part or all of the bills related to the home (what divorce lawyers call "maintenance of a marital asset") but they do not give up whatever right they may have to part or all of the value (equity) in the home.   

Parenting Rights/Custody:

If, however, you have children and are the primary caregiver (let's be honest, in the majority of cases that is the mother), that person should not leave the home without the children.  The other party may claim that the primary caregiver abandoned the children, giving that party a potential advantage in a parenting/custody dispute.  In a situation where the parties cannot live together at all, obviously it is best if the primary caregiver remains in the home with the children to minimize disruption in their lives.  You may have your divorce lawyer bring a petition (a request to the court) for "exclusive possession" of the marital residence.  If the parties are fighting, etc., the Court may grant this Petition and require that one party leave the home and move out during the divorce case to help avoid conflict.  On the other hand, in this economic climate some judges are not granting these petitions except in extreme circumstances.  Facts of every case vary widely and you need advice for your own special situation.  

We can help.  If you need a DuPage divorce lawyer, call Sullivan Taylor & Gumina, P.C. at 630.665.7676.  Or, Contact Us via email.

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DuPage Divorce Law Q & A: "What is a bench trial?"

A "bench trial" is a trial without a jury, with just you, your spouse, the Judge, and attorneys present.  (The Judge's clerk will also be there, and possibly a court reporter in some counties in Illinois divorce cases). You may also have other witnesses present to testify if needed.  Illinois divorce cases are tried without a jury.  Interestingly, juries were allowed for divorce cases up to 1976 in Illinois.  Believe it or not, most divorce trials are fairly boring to an observer, with large numbers of financial documents being discussed by attorneys and the parties, and examined by the Judge.  The dramatic TV and movie divorce trials are quite rare.  A very small percentage of divorce cases actually go to trial, most are settled by the parties.

If you need help with your DuPage divorce case, please call to schedule a consultation at 630.665.7676, or click here to contact us.

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Tax Issues for the Non-traditional Couple - New Article

I recently published an article entitled "Tax Issues for the Non-traditional Couple" along with attorney Terrence Benshoof in the May 2009 DuPage County Bar Association Brief.

This article is here. If you would like a copy emailed to you, please click the bar above and let us know, we will be happy to send one by email.

Article excerpt:

"This article attempts to summarize, for the family law and estate planning practitioner, key federal income, gift and estate tax issues faced by unmarried opposite-sex couples, as well as married same-sex couples. This article refers to these couples as "nontraditional couples" or "NTCs." The parties to an NTC are referred to as "partners" for clarity. This article should not be considered a comprehensive review on this topic, but rather a review and a handy guide for the major issues facing these couples. United States tax law began very early in the nation's history, with a patchwork quilt of taxes for various transactions. The first federal income tax was instituted in 1913 with a 1% tax on income at the lowest bracket and with the highest bracket at 7%. The Internal Revenue Code was first passed as a unified code in 1939. Federal law presently treats all unmarried people, as well as married same-sex couples, in the same manner for tax purposes.

The Defense of Marriage Act, (the "Act") was enacted on September 21, 1996.2 The Act applies to any statute or regulation promulgated by Congress or the United States government, including the Internal Revenue Code (the "Code"). The Act specifically rules out same-sex relationships as "married" for purposes of the Code, including - those sanctioned by local law. The Code, as modified by the Act, therefore permits only opposite-sex married couples (and certain common law married couples) to take joint-filing or double deduction tax positions.

Given current law, what are the key tax issues facing the NTC during a relationship, when the relationship dissolves, or at death of one of the parties?"

For more, see the article free from this website.

We are very conversant with the legal issues facing non-married and same-sex couples. Please contact us directly at 630.665.7676 to schedule a consultation regarding your DuPage County family law matter or referral.

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