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A Prenuptial Agreement Can Protect Your Business During DivorceBusiness owners must prioritize securing their business and its assets during a divorce. In most cases, a business is a marital property that is included during the division of property. Business owners are unlikely to split ownership with a divorcing spouse who did not own or help run the business during their marriage. However, the two sides may dispute the value of the business and how much the other spouse should receive to offset that value. As a business owner, you can plan ahead to protect your business during a potential divorce by including it in a prenuptial or postnuptial agreement.

Why Is Your Business a Marital Property?

Spouses normally differentiate between marital and nonmarital properties based on whether one of them purchased the property before their marriage. However, a business predating a marriage is not enough evidence to make it a nonmarital property:

  • You may have invested marital money into your business; 
  • Your business may be the primary source of income in your marriage; and
  • Your spouse may have sacrificed part of his or her career to allow you to focus on your business.

Your spouse can claim that the amount that your business increased in value during your marriage is marital property.

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Qualifying for Vocational Rehabilitation Maintenance PaymentsSuffering a permanent disability from a workplace injury may prevent you from resuming your previous job duties because of your physical limitations. Vocational rehabilitation trains you in new job skills that will qualify you for a job with more technical or interpersonal duties. An employer is required to offer you vocational rehabilitation when appropriate, and your workers’ compensation claim can give you maintenance during your rehabilitation that is equal in value to your Temporary Total Disability benefits. However, your employer may deny your maintenance if it disagrees with you about whether it must provide vocational rehabilitation.

Recent Case

In the case of Beverage v. Illinois Workers’ Compensation Commission, the claimant and his former employer disputed whether the employer was required to provide vocational rehabilitation and pay maintenance. The claimant had developed a degenerative disc disease that prevented him from performing a job that required him to lift cases of beer that could weigh as much as 50 pounds. The claimant requested vocational rehabilitation, but the employer instead invited him to apply for a warehouse manager position. The claimant did not apply because he did not believe he was qualified for the position. As part of his workers’ compensation benefits, an arbitrator awarded the claimant nearly 163 weeks of maintenance that started after his TTD benefits ended. A trial court nullified that decision because the claimant had not participated in a vocational rehabilitation program or searched for a job during that period.

Qualifications

The claimant stated that his former employer violated Illinois law by denying his request for vocational rehabilitation. The court responded that vocational rehabilitation was not necessary in this case because:

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Slips vs. Trips Can Change Personal Injury CasesBoth slipping and tripping can end in a fall-related injury, but there are important differences between the two types of accidents. A slip-and-fall accident is more likely to cause severe injuries because of how you lose your balance. It can be easier to establish premises liability with a trip-and-fall accident because of what caused you to trip. In either case, you must document the circumstances that led to your injury and determine whether the property owner neglected its duty of care towards you.

Slipping

The act of slipping occurs when a liquid causes a lack of traction on the ground. Usually, your foot slides forward at a greater speed than the rest of your body, which may cause you to fall backward. It is difficult to stop yourself when falling backward because you cannot use your arms or legs to catch yourself. You can suffer traumatic injuries to your:

  • Back;
  • Neck;
  • Spine;
  • Pelvis; and
  • Head.

In order to hold a property owner liable for your slip and fall, you must prove that the owner was aware of the dangerous condition that caused your accident and did not take sufficient action to prevent it. Surfaces can suddenly become slippery, such as when there has been a spill. The property owner could argue that it was unaware of the spill or did not have enough time to respond.

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Actual Physical Controls Allows DUI Charge Without DrivingDespite its name, driving is not a requirement for you to be charged with driving under the influence of alcohol or drugs. Illinois’ DUI law states that a person under the influence of an intoxicating substance cannot drive or be in “actual physical control” of a vehicle. This means that you could be charged with DUI for merely being inside your vehicle while intoxicated. It may not matter to a court that you did not intend to drive if you had the ability to drive the vehicle at a moment’s notice.

Circumstantial Evidence

Illinois law does not define what “actual physical control” is with a vehicle. Courts will judge whether a DUI defendant had actual physical control based on the details of each case. Relevant factors include whether:

  • The vehicle was running;
  • The keys were in the ignition;
  • The defendant possessed the keys;
  • The defendant was in the driver’s seat;
  • Anyone else was inside the vehicle;
  • The defendant owned the vehicle; or
  • There was any evidence that the vehicle had recently been driven.

The evidence against you grows stronger if you were sitting behind the steering wheel or the keys were in the ignition. You are less likely to have had actual physical control if the vehicle did not belong to you or someone who was not intoxicated was inside the vehicle with you.

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Posted on in Family Law

Four Keys to Co-Parenting After DivorceYou may have filed for divorce in order to free yourself from your spouse, but both of you will remain connected as co-parents to your children. As much as you may dislike each other, you need to cooperate in raising your children. Your parenting agreement lays out the technical terms of how you will share your parental responsibilities, such as a parenting schedule and decision-making powers. On a personal level, there are four keys to making a co-parenting agreement work:

  1. Mutual Respect: You must respect your former spouse’s role as a parent to your children, who love and admire him or her. Speaking poorly of your co-parent around your children can be hurtful to them and ultimately alienate them from you. Complaining about your co-parent or contradicting his or her rules is giving your children permission to disrespect your co-parent. You should keep your opinions about your co-parent private from your children.
  2. Consistency: Your children should have consistent routines and rules in each of your households. Meals and bedtime should follow a familiar schedule. The children should have similar expectations about appropriate behavior with each parent. Consistency helps children adjust to having two homes. When one parent is too lenient with his or her discipline, it undermines the discipline that the other parent is trying to instill.
  3. Communication: You are not parenting in a vacuum. You need to know what is happening with your children when they are with your co-parent. A child may have a problem that requires you to work together. You must be able to talk to your co-parent about your children in a peaceful and constructive manner. Keep the conversations brief and focused on your children. Try communicating by email or text if having a live conversation is too difficult.
  4. Flexibility: Following the rules of your parenting agreement is important, but there are times when it is practical to allow exceptions. Your co-parent may ask to see your children on a different day than normal because of a conflict in his or her schedule. He or she may want to modify the agreement because it is not working well. Being reasonably flexible in your parenting schedule may help you when you need a favor from your co-parent. Most importantly, consider whether your parenting arrangement still works best for your children when presented with a change of circumstances.

Contact a McHenry County Family Law Attorney

It is important for co-parents to make decisions that are in the best interest of their children. A Crystal Lake, Illinois, family law attorney at Botto Gilbert Lancaster, PC, can help you create a parenting agreement and modify it when your children’s needs change. Schedule a free consultation by calling 815-338-3838.

Source: 

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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