Posted on June 29, 2021 in Family Law

If you are getting a divorce and have never been married – but have lived with your partner for many years, and may even have children together – you may have heard about “common law” marriages and wonder whether they exist in Illinois. The short answer is: No, Illinois does not allow common law marriages to take place in the state. However, Illinois does recognize common law marriage from other states. In this article, we will discuss what common law marriage is, and how common law marriages from other states are handled in an Illinois divorce.

What Is Common Law Marriage?

In states where common law marriages are legal, the state will generally treat a couple’s relationship as if it were a marriage if that is what the couple has done themselves. Couples must meet the state’s laws governing marriage, such as minimum age restrictions, and cannot be married to anyone else.

Couples must also present their relationship to the public as a married relationship. They can do this by wearing wedding rings, sharing bank accounts, and referring to each other as husband and wife.

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 Posted on June 22, 2021 in Family Law

When a couple is growing their family, they often use an egg donor. Whether they are choosing an egg donor for an embryo to be carried by a gestational surrogate or the intended mother herself, there are several factors to consider when choosing the right donor.

Choosing an egg donor is an intimately personal experience, and only you can know all of the factors that will contribute towards finding the right fit. Here, we discuss some of the most common issues couples and individuals consider when choosing an egg donor.

Personal and Family Health History

Modern genetic testing shows that certain people are carriers for genetic diseases, or at higher risk of certain types of cancers. Some diseases are more common within populations for whom finding a matching donor is important.

For example, Jewish parents who are looking for an egg donor may prefer a donor who is Jewish herself; however, Tay-Sachs disease is more common in people of Ashkenazi Jewish heritage. Or, an intended parent may be interested in an egg donor whose family history has a high rate of breast cancer. Regardless of the circumstances, parents who are interested in egg donors would be wise to know their own family health and have it available to compare to the family health history of a potential egg donor.

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 Posted on June 22, 2021 in Estate Planning

In our last post, we introduced and discussed the concept of undue influence in creating a will. It can be difficult to prove undue influence – even the Supreme Court of the United States has said that what constitutes undue influence depends on the individual circumstances of each case.

When someone believes their loved one may have been under undue influence when creating a will, one way to show the will is invalid is to prove that there was a formal legal relationship between the testator and the other party, called a fiduciary duty.

This can be a little confusing, so we will explore further.

What is a fiduciary duty?

Simply put, when someone has a fiduciary duty to someone else, the person with the duty (the “fiduciary”) is legally required to behave in a manner that will benefit the other person (the “beneficiary”). Usually, this means the fiduciary must help the beneficiary financially.

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 Posted on June 16, 2021 in Child Custody

It is every parent’s worst nightmare: The person you hoped would share your responsibility in caring and providing for your child may actually be abusing them. It is far easier to recognize and prevent abuse from strangers than from an ex-spouse who has custody of a child, but all the more important to do so because of the important role a parent plays in a child’s development. If you believe your former spouse is abusing or neglecting your child, there are steps you can take to protect your child and ensure the abuse does not carry forward into the future. The strategy you use will depend on your living situation, your custody rights, and how urgent the need is for intervention.

In an Emergency, Call the Police

If you suspect your child of being in imminent harm or subject to immediate physical abuse, call the police and report the situation immediately. Likewise, if you are the custodial parent of the child and your former spouse has just committed an act of domestic violence against you, call the police and file a report right away.

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 Posted on June 11, 2021 in Divorce

Making the decision to get a divorce is difficult and complex and should never be made lightly. In addition to the impact on any children, you will need to consider the impact of a divorce on your property and finances. Divorce is never easy, but in order to make it smooth as possible, you should also ensure that your personal interests are understood, respected, and represented. Making the wrong choice of a divorce attorney can be costly in terms of time and money.

As you begin the process of choosing a divorce attorney, here are a few tips to help you find exactly the representation you want and need:

• Do plenty of research – There is more than one way to end your marriage, and the kind of divorce attorney you hire may change depending on the method you choose. If you want a cooperative, mediation-driven divorce, attorneys who focus on courtroom battles may not be the right choice. An attorney should not pressure you to do something you are not comfortable with. The attorneys at A. Traub & Associates have experience with different types of divorce in Illinois and will work with you to choose the path that is right for you.

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 Posted on June 09, 2021 in Family Law

Contemporary medical practice provides couples and individuals in Illinois who are struggling with fertility challenges with several options for growing their families. Those in the midst of considering the various possibilities available to them have to consider several factors, such as the time, potential cost, and third parties that may be involved, like egg donors and gestational surrogates.

When you take these together with the emotional impact of making the life-changing decision of having a child, knowing which option to choose can seem difficult and overwhelming. Having a skilled lawyer who knows the intricacies of the law can simplify the process and give you peace of mind while making sure you are aware of your rights and responsibilities under Illinois family law.

Here, we discuss the difference between two of the most common methods of bringing a child into your loving family: In vitro fertilization and gestational surrogacy.

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 Posted on June 09, 2021 in Estate Planning

Undue influence is the most common justification in Illinois when someone wants to contest the validity of a will. But what is undue influence? And if you suspect someone is trying to wield undue influence over your loved one during the creation of their will, what can you do about it? We will explore the concept of undue influence in a short series of blog posts, explaining what undue influence is and how it is treated under Illinois law.

Undue influence is when the person for whom the will is written (the testator) has their wishes wrongfully manipulated and overpowered by someone else. This obscures the true wishes of the testator and can cause tension and conflict in executing the will after the testator is deceased.

Family members who are concerned their loved one is being subject to undue influence may have worries triggered by unusual behavior, such as sudden estrangement or confusion on the part of the testator. They may witness a decline in the mental capacity of the testator, or notice they are accompanied by a companion who seems overly zealous in “helping” the testator or seems to be influencing their decision making.

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 Posted on June 03, 2021 in Child Custody

Although parents are typically understood as wanting the best for their children, individual interpretation of what is “best” varies, and parents often disagree. Unfortunately, sometimes parents are accused of being delinquent or neglectful in the care of their children. Illinois law provides a comprehensive listing of parental obligations in caring for children, setting the legal standard for what a child is able to expect of his or her custodial parents.

These include, but are not limited to:

• A child’s immediate physical needs - This includes providing good nutrition, ensuring the child gets enough sleep, teaching and attending to the child’s hygiene, and caring for the child when he or she is ill or injured.
• A child’s developmental needs - A child has many developmental milestones, and parents must be involved in helping their child achieve them. This includes things like learning to walk and other basic motor skill development, toilet training and table manners, and teaching the child to play well with others.

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 Posted on May 28, 2021 in Estate Planning

For people of any age, estate planning allows them to make decisions about what will happen in the future. In many cases, the focus of an estate plan will be on what happens after a person’s death, and this will be covered in part by their last will and testament, which is commonly referred to as a will. However, multiple types of estate planning documents, including a living will, can also be used to address how issues such as medical care will be handled throughout the remainder of a person’s life. By understanding the differences between wills and living wills, a person and their loved ones can ensure that their wishes will be followed correctly.

Wills vs. Living Wills

A last will and testament is used to make decisions about how a person’s final affairs will be handled after their death, including who will inherit their property and assets. It will name a person known as an executor who will complete the probate process and ensure that the deceased person’s instructions will be followed when distributing their assets to their family members or other beneficiaries. A will can also be used to nominate a person as the guardian of the deceased person’s minor children, and it can specify the deceased person’s wishes for their funeral and burial or cremation.

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 Posted on May 26, 2021 in Maintenance

Alimony or spousal maintenance refers to financial support that one spouse pays to the other spouse after divorce. “Temporary relief” spousal maintenance orders may also be ordered for the duration of the divorce proceedings. If you are getting divorced and you are concerned about the financial implications of the split, you may want to consider seeking financial assistance in the form of spousal maintenance. Read on to learn about when and how spouses may receive maintenance in an Illinois divorce.

Reaching a Spousal Maintenance Agreement with Your Spouse

Some spouses reach an alimony agreement long before they file for divorce. If you and your spouse already agreed on a maintenance arrangement in a valid prenuptial agreement or separation agreement, the terms of this agreement will likely be upheld by the court. However, if you have not already made these arrangements, you may need to negotiate a maintenance agreement as part of your divorce settlement. Your divorce lawyer may be able to help you reach an arrangement that you can both agree on. Divorce mediation may be another avenue for negotiating a spousal maintenance agreement.

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