Recent Blog Posts
Getting Divorced from an Unfaithful Spouse
Even for those who have never experienced such a situation, it is almost impossible to imagine a deeper pain or sense of betrayal than that which comes from being cheated on by a spouse. While each couple may have their own definition of what constitutes cheating, an unfaithful spouse’s behavior can have a devastating impact on the marital relationship. In many situations, cheating is a symptom of much larger problems but is often the one that prompts the “cheated-on” spouse to finally take action to either fix the relationship or to end it permanently. If your spouse has been cheating and you are ready to file for divorce, there are some important things to keep in mind about your spouse’s behavior and how it might or might not impact the divorce process.
Marital Infidelity Is Not Grounds for Divorce
In 2016, Illinois lawmakers eliminated all of the fault-based grounds for divorce in the state. Since that time, a divorce can only be granted in Illinois on the no-fault grounds of irreconcilable differences. Cheating can certainly create irreconcilable differences but will not be recognized as the official reason for your divorce.
Reviewing Your Will After Your Divorce
If you have recently gone through a divorce, you probably experienced a number of challenges and obstacles. Even if in the best situations, it can be very stressful to negotiate the various aspects of a divorce agreement, including the division of marital assets and spousal maintenance. Couples with minor children often have even more to worry about. Now that your divorce is finalized, however, it is probably time to take another look at your estate plan, as the new dynamic of your life should be reflected in your will and other planning documents.
Your Ex is Out by Law
A will is, in most cases, a very durable instrument that will withstand a variety of life changes and other contractual obligations. One of the few exceptions, however, is that a divorce or dissolution of marriage, by law, essentially eliminates your ex-spouse from any will created before the marriage ended. According the Illinois Probate Act of 1975, a will executed prior to the dissolution of marriage “takes effect in the same manner as if the former spouse had died before the testator.”
Remarriage with Children: Your Role as a Stepparent
America is a nation built on second chances. Consider, for a moment, the number of high-profile incidents or embarrassments involving celebrities or public figures, and how many have gone on to even greater success and fame afterward. For many, love and marriage is not terribly different. Despite a failed first marriage, more couples than ever are willing to walk down the aisle again in the hopes of finding the permanent happiness that has, so far, eluded them. Remarriage, however, can be extremely challenging, as many couples beginning second or third marriages are bringing with them children from previous relationships. Finding the right balance between parent and friend is often difficult for new stepparents, but there are some things you should keep in mind to make the transition a little more comfortable for everyone involved.
Be Prepared
As you fell in love with your new spouse, you knew that he or she already had children. Thus, the process of becoming a healthy blended family probably began long before thoughts of marriage ever crossed your mind. During the dating process, it can be very easy to try to ignore your partner’s children and the potential impact on your relationship, but doing so is not very conducive to a future together. It is important, however, to start slow and not to impose yourself on an existing family dynamic in such a way that will be overly upsetting. Understand that you will probably feel like something of an outsider for a little while, because, in reality, that is just what you are. Over time, though, you will probably feel more included and more a part of the family than you ever thought possible.
Emotionally-Charged Estate Planning Questions Are Difficult but Necessary
Estate planning is different from any other aspect of the law for one main reason: it focuses heavily on planning for a future the individual creating the estate plan may not be around for. The main purpose of utilizing estate planning tools such as a last will and testament or an advanced care directive is to make plans for end of life care and what happens to our assets after we pass away. While planning for the eventuality of death can be uncomfortable and sad, it is tremendously important. In order to ensure your final wishes will be fulfilled, estate lawyers must ask very challenging questions. However, many people find that preparing for these tough questions in advance makes the entire estate planning process easier. If you have not yet done so, take some time to consider the following questions.
When Do You Want Life Support Ended?
We often think of death as a black-and-white scenario, however it is not always clear when a person’s life is officially ended. For example, the highly-publicized Terri Schiavo case involved an individual in an irreversible, persistent vegetative state. If you become incapacitated like this, do you want doctors to use prolonged artificial life support or mechanical ventilation? When should "the plug be pulled"? An advanced directive or living will gives you the authority to choose what medical treatment you wish to be used around the end of your life. Drafting a document like this also saves your loved ones from having to make these incredibly personal decisions for you.
In Contemplation of Marriage: How to Handle the Marital Home During a Divorce
When a couple decides to end to their marriage, determining how to divide marital property is often a challenging process. Before division can even begin, the parties and the court must first establish what constitutes the marital estate. Illinois law provides fairly straightforward guidelines as to what is considered marital property and what is not, but, as with most areas of law, there may be some exceptions to the rules. On such variation may include a marital home purchased prior to the marriage, which, by the letter of the law, could be considered non-marital property.
In Contemplation of Marriage
According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), assets that are acquired prior to the marriage are generally non-martial property, and those acquired by either spouse subsequent to the marriage are part of the marital estate. By this standard, a home purchased before a couple actually gets married could ostensibly be considered non-marital property, especially if the home was titled in just one party’s name.
Looking After Pets in Your Estate Plan
An estate plan generally involves human heirs, such as children and grandchildren, but this is not always the case. Some individuals have non-human dependents to consider. Does that mean everyone should include their pet in an estate plan? Not necessarily, yet it might be worth considering if there is even the slightest possibility that your companion may outlive you. It is important to realize that this provision might be important, and how you can take the first step toward implementing it in your estate plan.
Why Plan for Your Pets?
When the owner of an animal dies or becomes incapacitated, the animal may end up at a shelters, especially if there are no family members who are willing to take on the responsibilities of surrogate pet ownership. It happens so frequently, in fact, that estimates suggest some 100,000 to 500,000 pets are admitted to a shelter after their owner’s death or incapacitation. How do these once companions end up in shelters?
Protecting Yourself Financially During a Divorce
Even if you have never experienced it, you probably realize that a divorce can take a tremendous emotional toll on a person. You may also be familiar with the basic idea of dividing marital property. What may not be as obvious from the outside, however, is the potentially devastating effects a divorce can have on the personal financial situation of each spouse, which can be long-lasting and can even result in bankruptcy.
If divorce has become a strong possibility for you and your spouse, there are a few areas of concern that you can address along the way to prevent major financial problems down the road.
Consider the Type of Assets
The division of marital assets is an often contentious part of the divorce process. Although Illinois is equitable distribution state, meaning each spouse’s allocation should be fair, not necessarily equal, you and your spouse will probably try to reach a fairly even agreement. You should keep in mind, though, that certain assets are not as easily converted to cash in the event of unforeseen expenses. For example, if you got to keep the family home while your spouse was allocated an investment account with similar value, you may struggle to sell the home if you were to ever need to do so.
Should I Assign Assets in My Estate Plan Equally or Fairly?
In most cases, the assignment of assets to a single heir is straightforward; you only need to determine a creative way to decrease the tax load. By contrast, assigning assets to multiple heirs is generally more complex. Not only do you have to determine how to increase the overall amount each person receives after their tax liabilities but you must also discern whether to distribute the assets fairly or equally. What is the difference between these two options, and which one is most appropriate for your estate planning needs?
Fair or Equal: What is the Difference?
While some people use the terms fair and equal interchangeably, the two terms are quite different from one another. To split things equally means to give everyone the exact same amount, but fair distribution is not always equal. Sometimes, it may appear that one heir is getting “more,” but the truth is that they are getting more for a very specific reason.
How to Handle a Surprise Divorce Filing
Imagine a plausible scenario: one day, you are sitting in your office, perhaps taking a break to read the morning newspaper and to refill your coffee cup for the second time. Suddenly, a person you have never seen before asks you to verify your name. When you do, he hands you an envelope and announces that you have been served. Confused, you open the envelope to find that—to your utter shock—your spouse has formally filed for a divorce. In a matter of moments, it may feel like your whole world has been turned upside down, but now you must take action in response. What should you do and where should you even start?
Analyze the Situation
If you have been truly blindsided by your spouse’s divorce filing, there are, to put it bluntly, serious problems in your relationship. Even the healthiest of marriages experience tough times every now and again, but through the difficulties, united couples will continue to talk and communicate their issues and concerns. There is a good possibility that the underlying issues that led your spouse to file for divorce have been going on for a long time, but communication was not a high enough priority. The problems were downplayed or completely ignored until, one day, enough was enough.
Having an Estate Plan Can Secure Your Family’s Future
Thinking about the end of your life is not an easy task, especially if you are still fairly young or currently in the prime of your life. Yet failing to do so can have serious consequences for you and those you love the most. Of course, you are not alone. In fact, statistics suggest that only about 40 percent of American adults have a valid will. Do not continue leaving your family unprotected. Learn how creating an estate plan can improve the future of your family and how you can create one that protects everyone’s best interests.
How Creating a Plan Can Protect You
People do not generally consider how an estate plan can help them, yet there are some clear benefits to having one. If, for example, you become incapacitated, a valid power of attorney can help ensure your wishes are followed. You can name someone you trust to make any medical decisions you have not already considered. It is also possible to assign someone to watch over your financial affairs. In short, an estate plan can protect and preserve your interests in the face of the unthinkable.
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