by Richard J. Coffee, II, Litigation Manager Illinois Offices, Cordell & Cordell, P.C.

"'In this world nothing can be said to be certain, except death and taxes."  Benjamin Franklin, 1789, The Works of Benjamin Franklin.  With the current divorce rates reported by various sources to be anywhere from 40 to 60 per cent of first marriages ending in divorce, perhaps an addendum this adage should warn of the almost certainty of divorce.  As with death and taxes, advanced planning for the possibility of divorce is well advised.

The considerations in marital estate planning are similar to the issues in anticipating the impact of taxes or probate.  The assets and debts should be carefully structured to preserve as much of the assets and to avoid as much of the debts as fiscally and legally possible.  The laws of the state of residence and/or of the state in which property is located may dictate the specific options and procedures available for planning the potential division of marital assets and debts.
 

Get Your Copy of Required Reading For Men Facing Divorce

Written by the world's foremost expert on divorce focusing on men, Cordell & Cordell, P.C. Principal Partner, Joe Cordell, JD, CPA, LL.M, this book is an absolute must for any man potentially facing divorce and especially those facing child custody issues. 

For a guy, the divorce journey is experienced in a vastly different way than it is for woman, and lack of preparation for that journey is a recipe, if not for disaster, then certainly for a difficult learning curve, the consequences of which are long-term and nearly impossible to correct after the fact.
 

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The Importance of Visitation and Custody Schedules

Not every parent is granted primary physical custody or determines that retaining physical custody is in their child’s best interest.  If you are not awarded physical custody or determine that it is in your child’s best interest that he or she should live with their mother the majority of time, there are still issues you need to consider in setting your visitation time with your child.  Remember you want to maximize the time you do spend with your child.

First, I have had numerous clients tell me that the parties have agreed to just decide as they go as to the schedule. Dad will see the child whenever he likes.  Or mom will let me see him on my off days.  The parties are getting along now and they do not think scheduling visitation will be a problem so there is no need for a schedule.  I always advise them that a  “fall-back” schedule is needed. 


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