A husband had accrued 116 sick days and 42 vacation days at the time of divorce. The question was whether those days marital property or not. The husband had no present right to be paid for his sick and vacation days absent retirement or termination of his employment, which had not occurred.

The court said that if the husband were to use the sick or vacation days awarded to him prior to retirement or termination of his employment he would never collect cash for those days. Thus, it would be hard to come up with a value for something that he might use himself for vacation or sickness in the future.

The Illinois Supreme Court held that even though the husband had accumulated those days during his marriage any future value of those benefits was indeterminate and speculative. Those types of benefits are different from things such as pension plans or deferred compensation that have an actual monetary value. On the other hand, if he had actually retired and cashed those days out during the divorce proceeding they would be marital property, subject to division by the court.

The process of divorce is difficult and painful for all involved, including the children.  Recently, the divorced parents of a 10-year-old girl made headlines in New Hampshire newspapers.  The former couple’s dispute involved homeschooling versus public school.  The girl lives primarily with her mother, who home-schooled her daughter, until a court ordered that the girl attend public school.  The girl’s home lessons included Bible study and other religious teachings.

In this case, the judge decided attending public school would be better for the girl.   The court considered this outcome in the best interest of the child.

When disputes arise between divorced couples, especially involving children, it can set up a win-lose scenario.  This sometimes means that children are caught in the middle of warring parents with a judge making a decision about the children.

Mediation is a process using a mediator, usually a volunteer lawyer or former Marital Master.  The mediator has no interest in the case and cannot compel the parties to settle.

Mediation is a method by which both parties commit to considering alternative, and sometimes creative, outcomes to the issues in dispute.  In a phrase, someone pays more than he/she wants to pay and someone agrees to receive less than he/she wants.   In considering any offer or counter offer, each party must consider the inherent risks associated with trial, as well as the financial and emotional costs associated with prolonging the litigation.

Mediation can resolve any issue arising between to spouses/parents at any point during the litigation.  Frequently, mediation can be used to resolve some, but not all, of the issues in dispute.

In determining parental rights and responsibilities, the Court is guided by the best interests of the child.  In determining the best interest of the children, the Court will consider a variety of factors including:

• The relationship of the child with each parent;
• The ability of each parent to assure that the child receives adequate care;
• The child’s developmental needs;
• The support of each parent for the child’s relationship with the other parent;
• The ability of the parents to communicate and cooperate with each other concerning the children; and
• Any other factor(s) which the Court considers relevant.

While the Court is charged with the responsibility of supporting frequent and continuing contact between each parent and the children, where such is possible and appropriate, the Court is not required, in the first instance, to award the parties joint or equal parenting rights and responsibilities.