Posted on July 14, 2021 in Adoption

Blended families present unique challenges, and when it works well it can be a wonderful experience for everyone. Many new stepfamilies are created every day in Illinois, and many of those families create bonds that last forever. Stepparents who feel close to their stepchild and want to take on permanent parental responsibilities may consider adopting them.

In Illinois, stepparents can adopt their stepchildren, but it is not an easy process. Each situation is different, but there are a few things to keep in mind as you consider adoption:

There Can Only Be Two Parents

A child in Illinois can only have two legal parents. This means that, in order to adopt your stepchild, the child’s other parent must have their parental rights revoked or relinquished. That parent can relinquish their parental rights voluntarily by consenting to the adoption. If the parental rights are revoked as a consequence of neglect or abuse, this must be done in a court case wherein a judge will examine the relevant factors to determine whether the parent is unfit.

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 Posted on July 12, 2021 in Divorce

No matter how amicable your divorce may be, the process of getting divorced is unpleasant. Very few divorce cases are resolved quickly, and in the most complex or high-conflict cases, divorces can drag on for years. A protracted divorce in Illinois will take its toll on everyone and everything involved – spouses, children, relatives, bank accounts.

Some things are out of your control during divorce: You may have to wait longer than you want for a court appointment to be available, or for the discovery process to finish. Fortunately, you are not totally helpless when it comes to speeding up the process. Here are a few things you can do to make your divorce move more quickly.

Reach Agreement Before the Divorce Begins

Illinois is a no-fault divorce state, meaning that a couple only needs to cite irreconcilable differences as grounds for divorce. But if one spouse denies that there are irreconcilable differences, or does not agree that a divorce is necessary, there is a mandatory six-month waiting period of living “separate and apart.” In order to bypass this six-month waiting period, both spouses must agree to get divorced. Try to talk to your partner and reach an agreement that divorce is in your best interests before either party begins divorce proceedings.

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 Posted on July 08, 2021 in Estate Planning

When someone is planning their estate in Illinois, several factors must be present in order for a will to be considered valid in a probate court. One important factor is the testamentary capacity of the person executing the will (also known as the "testator").

Illinois law presumes a person who is writing a will possesses testamentary capacity. This means that if someone wants to prove a will is invalid due to lack of testamentary capacity, they have to proactively demonstrate that the testator was not capable of understanding or writing the will during the time in which the will was written.

Here, we’ll look at the definition of testamentary capacity, and several factors that may contribute towards a lack of testamentary capacity.

What Is Testamentary Capacity?

Simply put, testamentary capacity is the mental capability of a person to write, or change, a will. In Illinois, the testator must be at least 18 years old, and of "sound mind and memory" in order to be considered capable of testamentary capacity.

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 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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