People going through divorce usually worry about how assets such as a house, car, or retirement accounts will be divided when the divorce is final. With information and technology becoming increasingly intertwined in evolving societal norms, however, intellectual property is equally becoming an important category of assets owned by a married couple. Intellectual property includes things such as copyrights, trademarks, and patents.

Is Intellectual Property Marital Property?

Illinois law defines marital property as property, including assets and debts, the divorcing couple acquired after getting married. There are a few exceptions, but this law is broad enough to include in it nearly all property that a couple acquires after marriage. Conversely, all property acquired prior to marriage is not considered marital property, except in certain special circumstances.

Whether intellectual property is marital property depends first, on whether it was acquired before or after marriage. If the intellectual property was acquired after marriage, then there is a presumption it is marital property. However, like all presumptions, a spouse who believes it the intellectual property is not marital property can present evidence to overcome the presumption.

After a divorce is made final, and sometimes even before that, an Illinois family court will enter an order regarding the allocation of parental responsibilities. This order controls how parental responsibilities are shared between the divorcing couple. One of these responsibilities is time shared with a child.

Determining Parenting Time

If a divorcing couple has not agreed on a parenting schedule, the court will determine how and when visitation will take place in the best interest of the child. The court will do so relying on expert opinions and considering several factors, including the following:

• Each parent’s wishes;
• Wishes of the child;
• School and extracurricular needs of the child;
• Distance between the parents; and
• Work schedules for the parents.

Exchanging Children for Parenting Time

In situations where the divorce is amicable and the divorced parents get along well, handing over or picking up a child during parental time is done seamlessly with the parents agreeing how it will be done each time. If such is not the case and the parents have to follow a court ordered schedule, then the visitation exchange is often done curbside, meaning right outside the receiving parent’s residence. If the relationship between the parents is poor, a court may order drop-offs and pickups to take place at some other location, such as a school, shopping area, park, or gas station to minimize the likelihood of a problem.

You went into marriage with every intention to have it last forever. However, as things have turned out, you now find yourself contemplating a divorce but you are not sure if that is the route you want to take. Couples who find themselves in this situation, namely, those who are not sure whether to divorce or not, usually start by at least physically moving out of the home.

Physical Separation Is Not Legal Separation.

Legal separation has a special meaning besides being physically separated. In order to be considered legally separated, you must have a court issue an order in a legal proceeding similar to divorce in which many of the same issues that come up in divorce can be addressed. These include:

• Alimony or maintenance;
• Child support;
• Child custody; and
• Parental visitation.

However, the court will not divide marital property. If you and your spouse already agree on how the property should be divided, the court can approve your settlement agreement but will not divide the marital estate for you.

The U.S. Census Bureau reported that, as of 2011, 11.4 million married-couple households, or 21 percent of all married-couple households in America had at least one spouse born in another country. About 13 percent (7.3 million) of households had two foreign-born spouses, and 7 percent (4.1 million) had one native-born and one foreign-born spouse. With those numbers likely going up, along with it comes serious implications involving children, especially those involved in legal separation or divorce.

Taking Children Out of the Country

Generally, taking a minor child outside the country is not an issue if you have proper documentation to show the child is yours. In these ordinary cases, either parent may temporarily remove a minor child or children from the state and even travel with them outside the country for a vacation, family visit or other reasons. All that is necessary is for the parent to provide the other parent information as to where he or she is taking the child or children, how long they will be gone, and contact information.

Where things get complicated is when you are legally separated, going through divorce, or you are already divorced. In these situations, a parent attempting take a minor child outside the country must make sure they are doing so in compliance with Illinois family law statutes, as well as any other laws that may come into play, especially kidnapping laws. These regulations are in place to prevent international child abduction, as well as to ensure full protection and enforcement of a child custody order.

Illinois is an “equitable division” state, which means the judge presiding over your case will determine what is fair when dividing marital property between you and your spouse during a divorce. However, the judge does not arbitrarily decide what is fair and equitable. Rather, the judge must follow factors provided under Illinois law which are listed below.   

What Constitutes Marital Property?

Marital property under Illinois law means all property, including assets and debts, acquired by either spouse subsequent to marriage with very few exceptions. By this definition, property acquired prior to marriage is not included, except in certain special circumstances.

What Factors Will the Court Consider in Dividing Marital Property?

In equitably dividing marital property, Illinois property division courts are guided by several considerations established under the law, which include the following: