Judge Orders Divorcing Couple To Swap Facebook And Dating Site Passwords

http://www.forbes.com/sites/kashmirhill/2011/11/07/judge-orders-divorcing-couple-to-swap-facebook-and-dating-site-passwords/


George Pecherek & Associates, P.C.

New Real Estate Transfer Law

There is a new law which allows you to transfer residential real estate upon death without probate.  It’s called the Illinois Residential Real Property Transfer on Death Instrument Act (“Act”).  The instrument is called a Transfer on Death Instrument (“TODI”). The TODI is nontestamentary, meaning that you do not have to have the property go through probate.  Any owner of residential real estate may execute a TODI, which allows the property to pass to a designated beneficiary upon the death of the owner. Upon the owner’s death, the property will transfer to the designated beneficiary of the last recorded TODI -as long as the beneficiary comes forward and appropriately claims the property.  The designated beneficiary has no rights or interest in the property during the owner’s lifetime. In fact, the owner is free to sell, lease, mortgage or otherwise deed the property during his or her lifetime. Contact George Pecherek & Associates today to determine whether or not this new option could benefit you.

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George Pecherek & Associates, P.C.

New Powers Of Attorney on July 1, 2011

It is a good time to obtain or revisit your powers of attorney.  On July 1, 2011, the new Illinois Power of Attorney Act will go into effect. Existing properly executed Illinois powers of attorney will remain valid; however, one may want to consider revising existing powers of attorney to take advantage of the amendments to the Act. 

George Pecherek & Associates, P.C.

Reconciliation in the Midst of Divorce Proceedings: Is It Possible?

It is absolutely possible for people to reconcile with each other in the middle of divorce proceedings. It is not common, but our office has seen this happen. Divorce is a difficult time for any relationship, and any good family law attorney recognizes a couple’s chance at reconciliation and encourages them to seek therapy or other counseling in order to salvage the marriage.

Do not feel apprehensive about seeking reconciliation with your spouse; share your thoughts with your attorney. Courts are willing to accommodate a couple’s attempt to reconcile and will put a case on hold for up to several years to allow the couple the time they require. In Illinois, the judge can also order a conciliation conference and/or counseling in cases where reconciliation is possible.

Please feel free to contact George Pecherek for a free consultation if you have any questions about divorce or reconciliation with your spouse.

Filing For Divorce Before Your Spouse: Why It Is Important

There are a number of advantages to be had from filing for divorce before your spouse.

A Clear Point for an “Irretrievable Breakdown”of the Marriage is Established

By filing first, a clear point for a marriage’s irretrievable breakdown is established. Showing an irretrievable breakdown of the marriage is necessary to obtain a “no-fault” divorce. An early filing date protects you if you think your spouse will try to unfairly hide, spend, or transfer marital assets. An early filing can also protect you from debt your spouse may create in order to punish you. The earlier you file your divorce petition, the less time you give your spouse to unfairly hide money. Headaches from such situations can be lessened, simply by getting to the courthouse before your spouse.

Filing First Shows Your Strength and Commitment to the Divorce Action

Filing first is a proactive step in taking control of your divorce, as well as the rest of your life. By filing first, you announce to your spouse and her attorney that you are prepared and determined to deal with the divorce, rather than allowing it to catch you by surprise and steamrolling over you.  By presenting a strong, confident legal team, consisting of yourself and your attorney, you can deter your spouse from utilizing spiteful, silly strategies later in the divorce action.

Filing First Allows You to Dismiss the Case Easily if You Change Your Mind

Whoever files the divorce action first in the court is known as the “petitioner.” Your spouse will be known as the “respondent.” The petitioner has the option of voluntarily dismissing the action if they desire to do so, while the respondent does not have this option. This option is excellent if your bargaining power is much lower than you expected. While you would have to start the action over, a fresh start is better than a disastrous conclusion by the first court. Because your spouse does not have this option, if the case looks like it will not turn out in their favor, there is nothing they can do; they are stuck.

By Filing First, You Present Your Arguments to the Court First

If the case goes to court, as the petitioner, your attorney presents your evidence and arguments first. First impressions are important. By presenting your case first to the judge, the judge will have your argument in his mind and you will create an uphill battle for your spouse to defeat your argument. Also, presenting evidence is a useful tactic for asserting your case’s strength to your spouse and can encourage them to seek a settlement.

You are in Control

Once again, filing first for divorce is a proactive step in taking control of your own divorce. You control the timing of notifying your spouse, by instructing your attorney about the timeline upon which you would like your divorce to progress. You can adequately prepare for the fallout from this difficult time in your life when you are controlling its timing and when your divorce is not simply happening to you.

If you are considering filing for divorce, please contact George Pecherek and Associates today to schedule a free consultation with an attorney.

George Pecherek & Associates, P.C.
847-583-0101

Free Information to Be Published on our Website

George Pecherek & Associates will soon be updating its website with a bounty of new information regarding divorce.  This information will be available in both English and Polish.

George Pecherek & Associates, P.C.

Illinois Passes Historic Same-Sex Civil Union Law

Illinois has become the sixth state to allow same-sex civil unions.  The "Illinois Religious Freedom Protection and Civil Union Act," will provide legal recognition of gay couples and give them some of the same benefits automatically available to married couples, including the right to visit a sick partner in the hospital, the right to have a licensed ceremony done, the right to share a room in a nursing home, disposition of a deceased loved one's remains and the right to make decisions about a loved one's medical care.  Additionally, same-sex couples are now able to inherit property from one another and in some cases may be eligible for employer-sponsored insurance plans.  The law also grants same-sex couples the right to sue for the wrongful death of their partner, to be recognized as legal parents of their children, to receive pension benefits and to act to dissolve the relationship.

The Illinois Religious Freedom and Civil Union Act will also protect the rights of religious institutions to define marriage as they choose, and will be available to any couple, same-sex or opposite-sex, in a committed relationship who meet the following requirements: 18 years of age or older, not in an existing marriage or civil union, and are not related.  It will take effect June 1, 2011.  Under Federal Law, civil unions for same-sex couples remains unrecognized.

Rep. Greg Harris, a co-sponsor of the bill, stated:  "We have a chance today to make Illinois a more fair state, a more just state, and a state which treats all of its citizens equally under the law . . . we have a chance here, as leaders have had in previous generations, to correct injustice and to move us down the path toward liberty."

George Pecherek & Associates, P.C.

Prenuptial Agreements are more common than ever

Prenuptial agreements are becoming more common, according to the American Academy of Matrimonial Lawyers.  In a recent survey, 73 percent of attorneys cited an increase in prenuptial agreements during the past five years,. In addition, 52 percent of the respondents said more women are requesting the agreements.

Many of these prenuptial agreements relate to a second marriage.  Once a person has been through the emotional and financial strain of a divorce, there is a stronger desire to make sure that plans are in place before getting married again.

Another contributing factor is that people are getting married an older age.  The average age for marriage is now 26.8 years for men and 25.1 years for women.  As a result of getting married at an older age, many people have a lot more assets to bring to the marriage.

Additionally, prenups are no longer just for the rich or famous.  A prenuptial agreement can protect people of all socioeconomic standing.  The typical reasons for getting a prenuptial agreement are the following: 1) Income and wealth disparity; 2) Ensure that your partner is marrying you for you, and not your money; 3) To limit alimony/maintenance, 4) You or your partner are remarrying, 5) Unequal debt loads, 6) You or your partner are going to quit your job to be the domestic provider.

At George Pecherek & Associates, P.C., we can prepare a prenuptial agreement for you for low rates.  Contact us today for a quote. (847) 583-0101

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$3 Billion Dollars Owed In Child Support in Illinois

According to an article in the Chicago Sun Times today, Illinois children are owed $3 billion in back child support.  Meanwhile the state takes in only about 58 percent of current support due.

One part of the problem, according to Mark Lopez, Cook County Circuit Court associate judge, is that many parents don't contact child support services or seek legal action to have the child support amounts reduced after losing a job or having income reduced.  When a non-custodial parent loses a job, or otherwise has decreased net income, that parent can be eligible to have the support lowered.

“The arrearage is caused because they didn’t know enough to come into court to ask for a modification,” Lopez said. “They lose their job, and quite often a couple of years will go by before they ever go in. They’ve got two years of arrears now, but they are still unemployed or marginally employed, and they just don’t have the means to make up the difference.”

To find out more, follow this link: http://www.suntimes.com/news/metro/4205457-418/3-billion-owed-in-child-support.html

If you have recently lost a job or some other major change in your circumstances has occurred, hire an attorney to help you modify your child support now.  Don't wait, or the arrears will pile up.

Andrew Hawes

George Pecherek & Associates, P.C.

Illinois DIVORCE: Why there can and should be agreement within your divorce.

By the time you or your ex files for divorce, the relationship likely cannot be repaired.  With that in mind, you will save yourself considerable expense and stress if you can come to an agreement about the disposition of any property owned by either you or your ex, maintenance of you or your ex, and custody and visitation of your children.

Coming to an agreement not only will cost you less money and stress, but you will be able to personally decide what happens to your property and your children.  The alternative is to have the judge, someone who doesn’t know you or your family, decide for you how your property will be divided and what your relationship with your children will be like.

Coming to an agreement is the best way to decide your own future.  In Illinois, under Section 502(b) of the Illinois Marriage and Dissolution of Marriage Act, the court is bound by your agreement unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable.  This is a high standard and the court is unlikely to find an agreement unconscionable.

To ensure that you get the best possible outcome in your case, I recommend your obtain an attorney working in this area to help you.

Andrew Hawes

George Pecherek & Associates, P.C.

Illinois Child Support: If you get a divorce, what will you owe in child support?

 In Illinois, Section 505 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”) provides for the amount that you owe for child support.  The duty of support owed to a child includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child.  The court can order either parent to pay child support, but typically the court will order the non-residential parent to pay.

The Court will determine the minimum amount of support by using the following guidelines:  for 1 child, 20% of the supporting party’s net income; for 2 children, 28% of the supporting party’s net income; for 3 children, 32% of the supporting party’s net income; for 4 children, 40% of the supporting party’s net income; for 5 children, 45% of the supporting party’s net income; for 6 or more children, 50% of the supporting party’s net income.

The Court will follow these guidelines unless the Court finds the guidelines would be inappropriate after considering the needs and resources of the children and parents.

“Net income" is defined as the total of all income from all sources, minus deductions for Federal income tax, State income tax, Social Security (FICA payments), mandatory retirement contributions required by law or as a condition of employment, union dues, Dependent and individual health/hospitalization insurance premiums, prior obligations of support or maintenance actually paid pursuant to a court order; expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent,  and foster care payments paid by the Department of Children and Family Services for providing licensed foster care to a foster child.

If you need an attorney, hire one that specializes in this area of law. 

Andrew Hawes

Contact me at:

George Pecherek & Associates, P.C.

Illinois Child Support: What can happen to you if you don't pay child support?

There are serious consequences of not paying child support. So if you are thinking of not paying child support, think again. If you are financial unable to pay, you need to take action so that the court knows about your circumstances and does not punish you. An attorney can help you.

1.  You can be put in jail.

If you fail to comply with an order to pay child support, you can be held in contempt of court. In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order that the parent be: (1) placed on probation with such conditions of probation as the Court deems advisable; (2) sentenced to periodic imprisonment for a period not to exceed 6 months; provided, however, that the Court may permit the parent to be released for periods of time during the day or night to: (A) work; or (B) conduct a business or other self-employed occupation. The Court may further order any part or all of the earnings of a parent during a sentence of periodic imprisonment paid to the Clerk of the Circuit Court or to the parent having custody or to the guardian having custody of the children of the sentenced parent for the support of said children until further order of the Court.

2.  You can be prosecuted criminally and be put in jail for a criminal offense.

In addition to the civil penalties or punishment that may be imposed, any person whose conduct constitutes a violation of Section 15 of the Non-Support Punishment Act [750 ILCS 16/15] may be criminally prosecuted under that Act. In short, a person commits the offense of failure to support when they willfully fail to pay support but have the ability to do so, or if a person leaves the State with the intent to evade a support obligation (if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $ 10,000). There is a legal presumption that you have the ability to pay support. You can be sentenced to anything from a misdemeanor or a Class 4 felony depending on the circumstances of your case. You can also be fined, and may be ordered to perform community service under Section 50 of that Act [750 ILCS 16/50] or participate in a work alternative program under Section 50 of that Act.

3.  You will pay more because of interest and fines.

A support obligation, or any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure [735 ILCS 5/12-109]. Additionally, the Court may, in certain circumstances, order business assets of the non-paying parent to be applied towards payment of child support. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent.

4.  You can have your driver’s license suspended.

In cases where the parent is 90 days or more delinquent in payment of support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, the Court may order the parent's Illinois driving privileges be suspended until the court determines that the parent is in compliance with the order of support. The court may also order that the parent be issued a family financial responsibility driving permit that would allow limited driving privileges for employment and medical purposes in accordance with Section 7-702.1 of the Illinois Vehicle Code [625 ILCS 5/7-702.1].

5.  You cannot get a U.S. Passport.

Finally, if you owe over $2,500 of arrears in child support, you cannot get a U.S. passport.

Consider hiring an attorney to help you.  You should hire an attorney specializing in this area of law.

Andrew Hawes

George Pecherek & Associates, P.C.

Illinois Divorce: Don't let your ex deny you visitation of your children!

In Illinois, under Section 607.1 of the Illinois Marriage and Dissolution of Marriage Act, visitation abuse occurs when a party has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child's custodian.
In other words, if your ex does not follow the court order for how and when visitation is supposed to occur, you can take them to court to remedy the situation.  Doing so will ensure that your ex does not deny you visitation in the future.

After hearing all of the evidence, the court may order one or more of the following:  (1) Modification of the visitation order to specifically outline periods of visitation or restrict visitation as provided by law, (2) Supervised visitation with a third party or public agency, (3) Make up visitation of the same time period, such as weekend for weekend, holiday for holiday, (4) Counseling or mediation, except in cases where there is evidence of domestic violence, as defined in Section 1 of the Domestic Violence Shelters Act [20 ILCS 1310/1], occurring between the parties, (5) Other appropriate relief deemed equitable, (6) Hold the offending party in contempt of court (which may be punishable with imprisonment).

A person convicted of unlawful visitation or parenting time interference under Section 10-5.5 of the Criminal Code [720 ILCS 5/10-5.5] cannot be punished civilly for the same conduct for which the person was convicted of unlawful visitation interference or subject that person to the sanctions provided for civilly.

That said, you may also proceed criminally against the offending party under Section 10-5.5 of the Criminal Code.  Under this law, it is a crime for a person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.  A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this law after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.

As always, you should consider hiring an attorney to help you in your case.

Andrew Hawes
George Pecherek & Associates, P.C.

Rozwody

SIEDEM RZECZY, KTÓRE NALEZY ZROBIC, KIEDY ROZWÓD JEST NIEUNIKNIONY

1. Skonsultuj sie z adwokatem.

Uzyskanie informacji na temat wlasnych praw i obowiazków jest najbardziej kluczowym krokiem procedury rozwodowej. Doswiadczony adwokat rozwodowy bedzie w stanie doradzic w kwestiach prawa stosujacego sie do faktów konkretnej sytuacji i zalecic najlepsza droge postepowania, oraz rzeczy, których nalezy unikac. Oto dobry przyklad: powiedzmy, iz ty i twój wspólmalzonek bezustannie klócicie sie i spory te powoduja wielki stres dla waszych dzieci. Wspólmalzonek odmawia wyprowadzenia sie. Decydujesz sie wziac dzieci i zamieszkac w domu rodziców do czasu zakonczenia rozwodu, a wówczas chcesz przeprowadzic sie do domu malzenskiego. Z punktu widzenia prawnego przenosiny do domu rodziców, chocby tymczasowe, moga byc wielkim bledem. Jest to jedna z wielu rzeczy, które adwokat rozwodowy omówi podczas konsultacji.

2. Dzieci musza byc najwazniejsze.

Ze wszystkich stron w rozwodzie, dzieci czesto cierpia najbardziej. Podczas procedury rozwodowej warto utrzymac rozklad zajec dzieci mozliwie bez zmiany. Jezeli ty i wspólmalzonek klócicie sie w obecnosci dzieci – przestancie. Jezeli ty i twój wspólmalzonek nie mozecie byc razem z dziecmi bez klótni, ustalcie grafik osobnego przebywania z dziecmi. Badz zaangazowany lub zaangazuj sie w nauke, zajecia sportowe i towarzyskie dzieci. Nie obgaduj wspólmalzonka przed dziecmi. Nie posluguj sie dziecmi jako zródlem wsparcia psychologicznego. Dzieci potrzebuja i zasluguja na milosc i uwage obydwu swoich rodziców, 

przed, w trakcie i po rozwodzie. Niech dzieci pozostana na pierwszym miejscu.

3. Zrób spis majatku i dlugów domowych i rodzinnych.

Zrób liste majatku: rachunków bankowych, kolekcji, mebli, sztuki, bizuterii, urzadzen domowych, samochodów, itd. Nie zapomnij sprawdzic zawartosci skladzików w domu oraz bankowego sejfu, gdzie moga znajdowac sie przedmioty wartosciowe. Zrób liste dlugów: hipoteki, kart kredytowych, kredytów studenckich, itd. Popros o historie kredytowa wlasna i twojego wspólmalzonka, aby upewnic sie, ze znasz wszystkie dlugi. Postaraj sie w mozliwie najwiekszym stopniu poprawic swój wynik kredytowy.

4. Zrób kopie wszystkich dokumentów.

Przejrzyj dokumentacje domowa i wykonaj kopie wszystkiego, co znajdziesz: rozliczen podatkowych, wyciagów z kont bankowych, listy wypisanych czeków, wyciagów z kont inwestycyjnych, wyciagów z kont emerytalnych, informacji o swiadczeniach pracowniczych, polis i ubezpieczenia na zycie, dokumentów hipotecznych, tytulów wlasnosci, zestawien finansowych, wyciagów z kart kredytowych, testamentów, wyciagów z Social Security, tytulów wlasnosci samochodów, itd. Jezeli wspólmalzonek pracuje na wlasny rachunek, istotne jest zgromadzenie mozliwie kompletnych informacji na temat stanu finansowego firmy. Nie zapomnij sprawdzic komputera domowego, który jest dobrym zródlem informacji finansowych. Wielu ludzi sledzi stan swoich finansów za pomoca arkusza kalkulacyjnego albo oprogramowania do sporzadzania budzetu domowego. Sporzadz kopie wszelkich danych finansowych przechowywanych w komputerze domowym.

5. Poznaj wydatki domowe.

Jezeli jest to mozliwe, przejrzyj liste wypisanych czeków z ostatniego roku i zapisz koszty wszystkich swiadczen, dlugu hipotecznego oraz inne comiesieczne wydatki domowe. Zapisuj, ile wydajesz gotówki na codziennie potrzeby, aby byc w stanie ocenic swoje miesieczne wydatki gotówkowe. Znajomosc wydatków domowych jest istotna na poczatku sprawy, kiedy chodzi o ustalenie wysokosci tymczasowych alimentów. Jest równiez istotna przy zakonczeniu sprawy, kiedy trzeba dokonac realistycznej oceny zdolnosci do utrzymania domu po rozwodzie.

6. Zorientuj sie dokladnie, ile zarabia wspólmalzonek.

Jezeli wspólmalzonek dostaje regularna pensje, latwo jest przejrzec odcinki czeków, aby zorientowac sie w jego dochodzie. Ale jezeli wspólmalzonek pracuje na wlasny rachunek, jest wlascicielem firmy lub dostaje jakakolwiek czesc swojego dochodu w gotówce, o wiele trudniej jest ustalic wysokosc jego dochodu. Jezeli wspólmalzonek jest partnerem w firmie, byc moze ustalisz sposób wynagradzania partnerów podczas przypadkowych rozmów z nimi. Jezeli wspólmalzonek pracuje na wlasny rachunek i jest oplacany gotówka, warto sledzic wplywy pieniezne przez szereg miesiecy.

7. Zbuduj swoja „skarbonke”.

Nawet jezeli rozwód jest odlegla mozliwoscia, zawsze nalezy zachowac dostep do wlasnych pieniedzy. Jezeli wspólmalzonek wyprowadzi sie i przestanie placic rachunki, pieniadze beda potrzebne do czasu uzyskania tymczasowych alimentów przyznanych przez sad. Jezeli to ty wystapisz o rozwód, bedziesz potrzebowac pieniedzy na zaliczke dla adwokata. Jezeli myslisz o wyprowadzeniu sie z domu rodzinnego, beda potrzebne pieniadze na depozyt i na zakupy domowe. Zacznij oszczedzac juz teraz - jezeli konieczne bedzie wszczecie rozwodu, bedziesz miec skarbonke do wykorzystania.

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Why you need a lawyer:

You might be smart, eloquent, and capable, but should you really represent yourself pro se? Probably not. Here are some of the top reasons that you should hire an attorney to handle your legal matters:

1. A lawyer knows the law

This sounds straightforward enough, but I can't stress how important this is. I have seen some very educated pro se "(i.e., "for yourself" -you represent yourself in court without an attorney) litigants that think they know the law. But the simple fact is that a professional lawyer will know a lot more about the thousands of state laws, federal laws, evidence rules, procedural rules, Supreme Court rules, local court rules, and individual judge rules. You wouldn't try to remove your own cavity after reading a brochure on it, so why would you ever want to represent yourself in an important matter in court?

2. A lawyer knows the law in action

The law may say one thing, but every good attorney knows that in the real world the law is applied in a different way. Attorneys are paid to argue about the interpretation of laws, and therefore the laws meaning has developed through case law. The pro se litigant will simply lack this depth of understanding over the law.

3. A lawyer knows the judges

Most importantly, a lawyer goes before the same judges every day. This is a huge advantage. A lawyer can see how a judge is going to rule on a given set of facts. This experience will allow them to better craft an argument that the judge is more likely to accept in your case. Further, good attorneys can develop a relationship with a judge. This is another way lawyers can develop get leeway in your case.

4. A lawyer can reduce stress in your life, at the most stressful times

You typically need an attorney at the most stressful times in your life: you got hurt in an accident, you're getting a divorce, or you're getting sued. You've probably never dealt with this before. But an attorney deals with this every single day. Let their experience guide you. You don't have to worry about what to do. Further, once you have an attorney, the other side cannot contact your directly. They have to bug your attorney, and not you.

New Blog

Pecherek & Associates, P.C. is proud to announce the launch of a new blog!  We will be providing you with free information regarding issues of family law and divorce law.  For more information or legal counsel, find us at http://www.pecherek.com/index.html