Recent Blog Posts
How Can a Stay-at-Home Parent Prepare for Divorce in Illinois?
There are many reasons why a couple may decide for one parent to stay at home with the children rather than pursuing a career. In some situations, a family simply cannot afford childcare, so a parent may stay home out of necessity. Other families may choose to have one parent dedicate their time to caring for children and maintaining the household. Today, the role of homemaker is not limited to women. In fact, more fathers are becoming stay-at-home dads, according to research published in Psychology Today. Regardless of a person's gender or their reasons for becoming a homemaker, divorce as a stay-at-home parent can seem intimidating, and it can cause a great deal of uncertainty about the future. If you did not work outside of the home during your marriage, and you are facing a divorce, you will want to work with an experienced family law attorney who can guide you through the legal process of divorce and help you create a secure future.
What Are My Legal Rights as a Surrogate Mother in Illinois?
Infertility can be emotionally and physically draining on a couple, but unfortunately, it is not uncommon. The Centers for Disease Control and Prevention (CDC) estimates that nearly 16 percent of married women struggle with infertility, while almost 9 percent of women are clinically diagnosed as infertile. For those women who cannot have a child of their own, surrogacy enables a couple to raise their own biological child. A woman who chooses to serve as a surrogate can help couples achieve their dream of raising a family, while she herself may receive compensation for her services, making this both emotionally and financially rewarding. If you are considering becoming a surrogate, speaking with an experienced family law attorney can help you navigate the legal matters pertaining to this serious endeavor.
Requirements of the Surrogate
Because a surrogate is entrusted with carrying someone else's child, it is understandable that she will be carefully selected. To best protect the child, a prospective surrogate may undergo several medical tests to ensure that she is in the best health for carrying and delivering a baby. According to Illinois’ Gestational Surrogacy Act, a surrogate must:
Three Tips for Preventing Identity Theft After the Death of Loved One
Many people do not realize it, but taking steps to prevent identity theft is an important part of estate planning. Sadly, more and more criminals are taking advantage of grieving families by stealing the identities of deceased individuals. An identity thief can use a deceased person’s name and personal information to obtain and use credit cards that are in the deceased person’s name, apply for loans, falsify tax returns, and more. If your loved one’s identity is stolen after they pass away, you will be burdened with resolving the issue with law enforcement and financial institutions. Follow these steps to minimize the chances of your loved one’s identity being stolen after they pass away.
Tip #1: Notify Interested Financial Companies of the Death
When a loved one dies, it is usually up to the executor of the estate to contact financial institutions and close accounts. It is important to do this as soon as possible. Unscrupulous individuals can take advantage of the window of time between when an individual dies and when the decedent’s finances are settled. Contact every bank that your loved one had an account with and notify them that your loved one has passed away. You should notify the banks even if the deceased person’s spouse or another person is still listed on the accounts. You will also need to notify any lenders, mortgage companies, or investment companies your loved one had business with.
Selecting the Right Executor for Your Estate
Preparing a will is, for many people, the cornerstone of estate planning. For some, a will can be enough to cover much of their estate, while others may require additional planning instruments to meet their needs when they are gone. Regardless of the size of your estate, choosing an individual to oversee the execution of your will is one of the most important determinations that you will have to make during the estate planning process. A person or entity tasked with such responsibility is called an executor in Illinois—sometimes known as a personal representative in other states—and should be worthy of the trust that you have placed in him or her to protect your assets and property.
Duties of the Executor
An executor may be a financial institution, trust company, or other entity, but in most situations, it is an individual person, often a friend or family member. Upon your death, your executor will be responsible for:
3 Tips for Preventing a Contentious Divorce in Illinois
According to the American Psychological Association (APA), data from the National Survey of Family Growth shows that 48 percent of marriages end when they hit the 20-year mark. Despite this evidence and the colorful divorce horror stories we all hear from our friends, family members, and neighbors, the reality is that not all couples who make up these kinds of statistics experience a toxic divorce. Many spouses are not only able to make a mutual decision to end their marriage, but they are also capable of navigating the process amicably, even acting as a team to ensure a smoother experience for everyone involved.
Avoiding a Contested Divorce
Not every divorce is messy, but those that are can have the power to wreak havoc on your emotional -- and sometimes physical -- well-being, especially if you do not know how to handle the conflict.
While you cannot control your partner’s choices and behavior during the divorce, you can control your own response to whatever comes your way. For this reason, divorce psychology experts place a big emphasis on the importance of being proactive when it comes to your role in a high-conflict separation.
Why Do I Need a Holiday Parenting Plan in My Illinois Divorce?
For most people, holidays are spent with relatives and friends. This may include large gatherings with extended family members or a small celebration reserved for parents to spend time with their children. Regardless of your family holiday traditions, they typically include time spent with your kids. This may seem like second-nature to married couples; however, those parents who are recently divorced must learn how to navigate these special days differently. To ensure that both parents can have quality time with their kids, it may be necessary to adjust parenting schedules during the holidays.
What Is Considered a “Holiday” By the Court?
It can be difficult for the court to address specific holidays, since they can vary based on families’ traditions and religious beliefs. However, there are guidelines provided to help those formulating parenting plans pin down what they consider a holiday. Thanksgiving and Christmas may be the two that come to mind, but there are various other holidays throughout the year that divorcing couples must consider. Holidays that result in three-day weekends, such as Labor Day and Memorial Day, can be listed as holidays in your parenting plan. Because the children are off of school, this can allow parents to spend extra time with their kids.
Open Communication Now Can Prevent Estate Disputes Later
It is hard to believe, but the winter holiday season is just about upon us once again. While Thanksgiving evolved as a celebration of the harvest and is, therefore, a fall holiday, it is also seen by many as the first of the winter holidays that also include Christmas, Hanukkah, and New Year’s. For the next month or so, families throughout the country will be getting together to eat, drink, and honor traditions that stretch back for many generations.
If your family will be getting together during the holidays, you might consider taking advantage of the opportunity to discuss your estate plans. Obviously, talking about what will happen after your death might not be the most comfortable discussion ever, but having the conversation now could go a long way toward preventing disputes and family infighting later.
Things to Talk About
This estate planning discussion does not need to last for many hours, nor does it need to be terribly detailed. The main goal is to let your loved ones know that you have created an estate plan and that the plan includes several important decisions. It is up to you to decide who should be included in the discussion, but most experts agree that your spouse and all of your children should be present, if at all possible.
Have You Considered Digital Assets in Your Estate Plan?
It seems that our reliance on computers and the internet grows stronger every day. If you are like most people, you probably use email, text messages, and social media to keep up with friends and family. You may pay your bills online, use your phone to deposit checks, and have loads of photographs stored on electronic devices.
Have you ever thought about what will happen to your digital life after you pass away? It is becoming increasingly important to include directions about digital assets in estate plans. Failing to account for these items in your will and other estate plans can cause your surviving loved ones unnecessary stress and expense.
Take Inventory of Your Digital Assets
It can be overwhelming to consider how your digital assets should be managed after you are no longer able to do so yourself. To get started, take inventory of all of your important accounts and files. Make a list of any:
How to Handle Common Setbacks in an Illinois Divorce Case
The divorce journey looks and feels different for every couple, with varying shades of complexity. From the amicable to the horrendous, divorces manifest in all kinds of distinct ways, depending on the circumstances surrounding the relationship and if children are involved. Something every divorce has in common, however, is that they are all emotionally charged events by nature. Regardless of how civil both parties are with one another throughout the process, everyone involved is bound to experience emotional pain and discomfort, especially as the divorce proceedings develop. Difficult issues can arise that must not only be discussed but also resolved between both parties in order to make progress and move forward.
Typical Setbacks and What to Do When They Happen to You
Conflicts, even small ones, are inevitable throughout the divorce process. Here are some issues that commonly cause setbacks for both parties during the transition and how to address them when they happen to you:
Three Signs That Your Child is Struggling With Your Illinois Divorce
Whether your child is in elementary school or is an adolescent in high school, they may experience the same emotional roller coaster that parents do when their family is going through a divorce. No matter how amicable or peaceful the decision to separate may be between parents, no one in the family journeys through the divorce process entirely unaffected. If your child is exhibiting certain signs, he or she may be having difficulty with the divorce. As a parent, it is important not to ignore these behaviors and instead address them head-on in order to maintain a healthy relationship with your child.
Recognizing When Your Child Is Having Trouble Coping
While studies show that civil, respectful relationships between divorced spouses can help support healthy healing for children of divorce, the emotional impact of the breaking of the family unit is still hurtful. Trouble coping is natural and to be expected in the midst of a family divorce, but if you notice any of the following changes in your child’s life on a day-to-day basis, it may be a sign that they are having an especially hard time adjusting to the change:
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