Beermann Law :: Firm Blog

Gay Marriage and a Presidential First

By:  Michael Craven, Family Law Partner

President Barack Obama made a public statement on May 9, 2012 endorsing same-sex marriage. For the first time in United States history, a sitting president has not only voiced a clear opinion on the topic of gay and lesbian marriage, but he also made a statement of his personal support towards this issue.

Obama publically favored same-sex marriage as he ran for Illinois State Senate in 1996 and he indicated his feelings on the issue were “evolving” in 2010, shortly after he was sworn in as president. While Obama shared his opinion on this controversial issue in interviews in the past, he has evaded fully answering the question until now. Obama commented that he now “personally” believes gay and lesbian Americans should have the opportunity to marry whomever they want. The president’s personal standpoint recognizes friends, advisors, and members of the military as having monogamous same-sex relationships, causing him to adhere to the idea of equality rather than religion or tradition. However, Obama did not go as far as supporting a national policy on gay marriage, rather stating that individual states should determine the laws on the issue. Regardless of personal opinion or political platform, this topic on same-sex marriage will be probably be debated in the Presidential election, as Mitt Romney, the likely Republican presidential nominee, has a different opinion.

Link to http://online.wsj.com/article/SB10001424052702304070304577394332545729926.html.

Court Battles Involving Pet Custody

By: Michael Craven, Family Law Partner

Once almost completely unheard of, court battles involving pet custody and pet visitation are becoming a modern reality.  As increasingly more marriages, civil unions, and domestic partnerships break apart, it is not surprising that the number of custody fights over who gets a couple’s dog, cat or bird is also on the rise.  A recent survey of 1,600 matrimonial lawyers revealed that at least a quarter of attorneys saw a definitive increase in pet custody cases since 2001—with some handling a 15 percent increase in just the last few years alone.

As Sue Manning of the Associated Press writes, pets used to be considered mere “property,” something to be “divvied up like furniture during divorce proceedings.”  But things are rapidly changing, she points out.  Indeed, in 2011, attorney David Pisarra and pet consultant Steven May of California teamed up together to write a book on this trend entitled “What about Wally?” which talks about how to co-parent a pet with an “ex.”  (Both men had previously been involved in separate custody battles over pets, although Pisarra was May’s attorney during his case and the two became friends.)  They discovered that while few laws exist on this subject, nevertheless “a shifting consciousness” is emerging that allows pets to be “given greater consideration under the law.” In Illinois, there are currently divorce lawyers working towards the passage of laws that address “companion pet” issues.

Today both men and women are no longer embarrassed to seek pet ownership or co-ownership.  At the same time, judges may be recognizing people’s emotional attachment to their furry friends.   Formerly, divorce cases only referred to “canine” or “feline” issues when kids were involved, as most attempts were made to keep the pets with the children.  Now, however, it is not unusual for a settlement to provide “pet visitation rights” to both sides involved in a proceeding.   Of course, if the partnership or marriage being dissolved contains multiple pets–like two dogs, three cats, and a bird, for example–it wouldn’t be all that shocking if it takes slightly more time for both parties to work out visitation or “co-parenting” rights.

Illinois Couples in Civil Unions are Beginning to see for the First Time the Economic Perks of the State's New Domestic Partnership Status

By: Michael Craven, Family Law Partner

Recently, the Illinois Department of Revenue confirmed that couples in civil unions are now able to file joint tax returns in the State of Illinois in 2012. Previously, it remained unclear whether civil union couples could file together since the state’s Civil Union bill that took effect last June required couples to file separately because there might be confusion due to their inability to jointly file federal tax returns. But with the “Civil Union Bandwagon” spreading across the country from Delaware to Hawaii, it is becoming increasingly more important for civil union couples to be aware of the legal and financial changes that are affecting their lives from coast to coast.

Many gay rights advocates have applauded the recent decision made by the Illinois Department of Revenue enabling the filing of joint taxes. The tax implications of a relationship status are among the most important real-world benefits of civil unions. Since filing jointly can permit couples to receive more deductions than filing separately, it often results in paying less taxes overall. Of course, it’s important to remember that couples in civil unions can only file jointly for their Illinois state tax returns. The current Defense of Marriage Act (DOMA) bars couples in civil unions from jointly filing their federal taxes as “spouses.” Indeed, our multi-faceted and often complicated tax system serves as a reminder that it’s always helpful to consult with a tax adviser and/or family lawyer when navigating through the legal and financial nuances involved in all “unions.”

What We Can Learn From "The 'Cain' Mutiny"

By:  Howard Emmerman, Partner

The disclosures that knocked former Republican candidate Herman Cain off the presidential primary ballot last week are woefully typical of the attitude that pervades the workplace more than 45 years after the enactment of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000e et seq.).  The employer - most often male - occupies a position of such dominance over his employees – male and female – that he himself is often not cognizant of the offensive nature of his actions.  Like Cain, he may even go so far as to completely deny allegations made by female ex-employees whom he supervised, and to attack the integrity of the women who have accused him.  Indeed, it is entirely possible that Cain honestly believes these statements; if so, his attitude toward female subordinates is more insidious than it would be if he simply admitted that he took advantage of them.

Equally typical and tragic is the attitude of the victims themselves – the employees whose lives are often made miserable by the offensive actions of their supervisors.  Only when one of them speaks out do the rest follow.  Of course, their reasons for suffering in silence are understandable.  They fear retribution if they are still employed, and often their fears are justified. 

But while a job is a treasured asset in this economy, I submit that personal dignity is still the greater treasure.  The pure fact is, you will never have a comfortable employment relationship in an environment where you are being exploited.  So I suggest to anyone who is the victim of a hostile work environment motivated by gender, race, age or infirmity, to do the following:

1.         Tell the offender to stop.  Advise him or her that his actions are offensive and must cease immediately.

2.         Make a diary of every discriminatory action that you witness, whether or not directed toward you.  If you later have to assert a discrimination claim, your diary will serve you better than mere memory.

3.         If the offensive actions are repeated after you’ve told the offender to stop, contact your HR supervisor.

4.         Periodically inspect and copy your employment file and reviews.  It’s your right in Illinois, and it will guard against any manipulation of your file if the offender seeks retaliation against you.

5.         Call us.  You are not without rights.  We have obtained substantial settlements for victims of hostile-environment employment discrimination, and are experienced in litigating these claims if settlement cannot be achieved.

Transfer on Death Instruments

By:  James Cerami, Associate

The Illinois Residential Real Property Transfer on Death Instrument Act (the “Act”) establishes a new and valuable estate planning tool for Illinois residents.  The Act allows owners of residential real estate to transfer property upon their deaths using a document called a transfer on death instrument (a “TODI”).  According to the Act, residential real estate includes property improved with one to four dwelling units, a condominium or townhome, or agricultural property of 40 acres or less with a single family home. 

The Act is important for individuals and families who want to transfer their homes when they pass to specific beneficiaries without using costly or complex estate planning strategies.   Prior to the Act, if one wanted to avoid the time-consuming and often expensive probate court process, the property either needed to be transferred to an Illinois land trust, a revocable living trust, or some other entity.  However, the amount of work and cost involved in creating and maintaining these devices makes them unattractive for many people.   

Effective January 1, 2012, Illinois residential real estate can be transferred upon death to one or more designated beneficiaries using a TODI.  A TODI is similar in form to a deed, but must be executed with all of the formalities of a will.  Specifically, a TODI must be executed voluntarily by an individual with sufficient capacity and must be attested in writing by two witnesses.  After the document is created, it must be filed with the recorder of the county in which the real estate is located.    

During the property owner’s life, the TODI does not affect his or her current interest in the property.  The owner or owners can sell, mortgage, lease or otherwise encumber or transfer the property.  Additionally, the fact that someone is a future beneficiary under a TODI does not give him or her a present interest in the property.  Furthermore, like a will, a TODI can be revoked during the property owner’s lifetime as long as the revocation complies with the Act. 

According to the Act, TODIs can only be prepared by Illinois licensed attorneys.  TODIs are simpler than some other estate planning tools but still must be prepared with due care and skill.  If you have any questions regarding TODIs or other estate planning or property transfer tools, please do not hesitate to contact our office.   

 

Private Jets & Exotic Vehicles: Beermann Swerdlove supports attorney Morgan Stogsdill and sponsors the Second Annual Aviators Night for Sight

Beermann Swerdlove supported their attorney, Morgan Stogsdill, as she co-chaired the Second Annual Aviator’s Night for Sight on October 15, 2011.  Beermann Swerdlove was eager to be a sponsor of the event for the second year in a row.  All proceeds made from the night went to benefit the Illinois Eyebank and the restoration of sight.  The event was another huge success as the charity was able to raise thousands of dollars.  Aviator’s Night for Sight was fortunate to have Honorary Committee members such as Jarrett Payton, Patrick McCaskey, Kevin Grace and Ryan Baker. 

Guests enjoyed a champagne reception prior to boarding motor coaches to the private hangar.   During the event, guests were able to experience private jets, helicopters, exotic vehicles, gourmet food and Grey Goose cocktails.  Aviator’s Night for Sight also offered plane rides during the evening.  Akira’s owner, Jon Cotay, directed a fashion installation with Factor Models showcasing the latest aviation fashion labels.  In addition to the entertainment, a private jet flight was raffled off to one lucky guest.  Beermann Swerdlove, in conjunction with media outlets such as Michigan Avenue Magazine, NBC, CS Magazine and candidcandace.com, is proud to support Morgan, her hard work and such a wonderful cause.

For a video of the event: http://vimeo.com/31225961



 

Beermann Swerdlove Helps Clarify Where's the Beef?

By: Tom Field, Partner

As a 9 year old boy watching the Wendy's commercial, I never imagined  that I would one day be responsible for negotiating the contract for the  rights to use the persona of the late Clara Peller as well as her  caricature for a t-shirt.  The late Clara Peller of Chicago's north side was made famous overnight from a Wendy's commercial where three grandmotherly types  are looking at another restaurant's large bun covering a small piece of  meat, prompting Peller's signature cry of "Where's the beef?"

Wendy's spokesman Denny Lynch attributes the commercial's success to the  4-foot-11-inch Peller, who "captured the mood of the country at the time,  which was 'tell it like it is, tell it to me straight.'"

At Beermann Swerdlove, we've been known to represent famous entertainers and athletes before, and now - the late Clara Peller? My job gets more interesting every day!

Deane Brown Serves on Committee for Chicago Foundation for Women's 26th Annual Luncheon

 
Beermann Swerdlove LLP Partner Deane B. Brown with actress America Ferrera and Andrea Kramer, Chair of the Board of the Chicago Foundation for Women (CFW) at CFW's 26th Annual Luncheon on October 3, 2011. 

Brown served on the Luncheon Host Committee for CFW, which raises money to fund and support organizations that help women and girls.  CFW improves the lives of women and girls through grants, advocacy, leadership development and public and grantee education.  Since 1985, CFW has given more than 2900 grants totaling nearly $19 million.  CFW's grant making improves the lives of women and girls by expanding economic security, ensuring freedom from violence, and enhancing access to health service and information.

CIVIL UNIONS: Tying the knot & what to do if that knot unravels

By: Morgan L. Stogsdill, Associate

On June 1, 2011, Illinois granted same sex couples, as well as heterosexual  couples the right to enter into a Civil Union.  This was due to the Senate Bill 1716 which passed creating the Illinois Freedom Protection and Civil Union Act.  This law gives same sex couples the rights to state created rights and some of the obligations created with legal marriage.

The Civil Union Act (Hereinafter “The Act”) only grants some of the protections afforded to married couple.  Specifically, the Act grants same sex couples various rights, including decision making power for their partners that they did not have in the past. These rights include, but are not limited to the following:

• Medical decisions
• Hospital visitation rights
• Health Insurance coverage
• The right to dispose of a partners remains
• The ability to share a nursing room home
• Applies to some pension benefits
• Access to the Domestic Relations Courts and laws

Without this Act, in the past, same sex couples faced hurdles in situations such as the hospital.  For instance, if their partner was sick, the ability to be present in the hospital room and make the necessary decisions for their partner would be in jeopardy.  However, now the Act, grants them the right to participate in these crucial decisions.

Glitz, Glamour and the Boom on the Wedding Industry:  Some may wonder how a couple obtains a civil union and surprisingly, it is very similar to obtaining a marriage license and thereafter getting married.  Specifically, a couple must obtain a license from the City Clerk, solemnize the Civil Union by exchanging vows before a secular or religious official and thereafter, register the union.

Currently, many same sex couples are opting for Civil Unions at a high rate.  The wedding industry for Civil Unions has capitalized on this new law and many wedding professionals hope more States will pass a similar law.  A quick search on Google will reveal numerous wedding advertisers for same sex couples and more seem to be popping up daily.  The wedding industry in general plays on people’s emotions for their big day and this coupled with the fact that same sex couples are finally able to solemnize their relationships, leads to many couples opting for large extravagant weddings.  This is great news for wedding planners, venues and event companies, as their business has started to increase at a rapid rate.    

The Elephant in the room: Potential Boom for the practice of Domestic Relations?  Clearly, no one wants to discuss the elephant in the room.  Specifically what happens to a couple if they do not work out, especially after an extravagant wedding and/or ceremony with friends and family?  The unfortunate reality is, like heterosexual couples, these things happen.  The Illinois Marriage and Dissolution of Marriage Act expressly prohibits recognizing same sex marriages (750 ILCS 5/212) and in the past, same sex couples did not have access to the Domestic Relations Court if their partnership did not work out.  Today, that has changed.  The Act now allows same sex partners that are breaking up to have access to the Domestic Relations Court to settle various disputes.   Since the Act only went into effect approximately four (4) months since the drafting of this article, Divorce lawyers have not seen a substantial increase in business from Civil Unions to date.   Within the next few years, many divorce attorneys predict that their business will increase substantially due to the break downs of Civil Unions. 

So what does one do if they feel their Civil Union may be coming to an end? Call us.

Same Sex Marriage Begets Same Sex Divorce

By: Tom Field, Partner

After Illinois passed its landmark Civil Union Act earlier this year, which allows same sex as well as opposite sex couples to enter into a Civil Union (a legal relationship that affords many but not all of the same rights of marriage), New York has now adopted a same sex marriage law.  The significance of this law is huge.  Now there are two states with major metropolitan cities in this country that have some legal form of same sex marriage. 

 The New York law is particularly interesting because now gay couples can dissolve civil unions in most New York counties and New York will recognize the civil unions as well as gay marriages of other cities and states where it has been legalized and provide a forum for the dissolution of those legal relationships.  This is precisely what Illinois is now willing to do after the passage of the civil union act.

Now that parties will have greater options for the venue of where they go to dissolve their gay marriage or civil union it will be interesting to see what kind of forum shopping goes on.  Because some states, like Illinois, have equitable distribution laws and liberal maintenance provisions in our statute, they may be more popular destinations for the dissolution of gay marriages and civil unions than other states which are guided by community property principles and have less liberal maintenance provisions.