Waiver of Spouse's Right to Property (Michigan)

By Matthew A. Quick Michigan law provides for a waiver of certain property rights that are normally automatically afforded a surviving spouse. When considering premarital (prenuptial) or postmarital (postnuptial) planning, estate and succession planning should be a very large part of the consideration. MCL 700.2205 states the following:

The rights of the surviving spouse to a share under intestate succession, homestead allowance, election, dower, exempt property, or family allowance may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separate maintenance is a waiver of all rights to homestead allowance, election, dower, exempt property, and family allowance by the spouse in the property of the other and is an irrevocable renunciation by the spouse of all benefits that would otherwise pass to the spouse from the other spouse by intestate succession or by virtue of a will executed before the waiver or property settlement.

Adoption Records (Illinois)

By Matthew A. Quick Public Act 96-895, as of May 21, 2010, gives adults that were adopted access to their original birth certificates. For those born before January 1, 1946, they may access their original birth certificates immediately and for those born after January 1, 1946, they may access their original birth certificates after November 15, 2011. Birth parents have the right to remain anonymous.

Divorce and Marital Property (Illinois)

By Matthew A. Quick In the case of In re Marriage of Abrell, the court held that a spouse's accrued sick time and vacation days are not to be treated as marital property and thus should not be assigned a value and included in marital estate; value is speculative as it is unknown whether days would be used prior to employment termination or retirement.

Imputed Income and Child Support (Illinois)

By Matthew A. Quick In light of the recent holding in the case of In re Marriage of Gosney, No. 3-08-0718, income is not imputed for purposes of child support calculation unless one of the following applies: the payor is voluntarily unemployed; the payor is attempting to evade the support obligation; or the payor has unreasonably failed to take advantage of employment opportunities.

Electronic Visitation (Illinois)

By Matthew A. Quick Public Act 96-331, which becomes effective January 1, 2010, amends the visitation statute of the Illinois Marriage and Dissolution of Marriage Act, Chapter 750 of the Illinois Compiled Statutes, to define "electronic communication" to facilitate communication between a parent and child when the child is not in the physical custody of the parent. Specifically, the act will affect 750 ILCS 5/607 and 750 ILCS 5/609 to include electronic visitation language.