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Recent Blog Posts

Why Do Women Usually Initiate Divorce?

 Posted on November 17, 2017 in Divorce

Lombard divorce attorneysDivorce can touch the lives of people of any race, gender, income level, or age. Some marriages that seemed doomed to failure from the beginning end up flourishing while other marriages that seemed like perfect matches end up dissolving. Researchers have known for years now that there are certain demographics of people who are statistically more likely to get divorced than others. For example, those who marry very young or wait until their late 30s or longer to marry are more likely to get divorced than those who get married in their 20s. It is also fairly well-known that women are more likely to initiate divorce than men are. For non-married couples, however, men and women are equally likely to end the relationship.

Women More Likely Than Men to Be Unhappy in Their Marriage

A survey conducted by the American Sociological Association found that in heterosexual couples, women start the divorce process or first seek a divorce 70 percent of the time. The study’s lead author, Michael Rosenfeld, theorizes that women may be more likely to initiate divorces because they are more likely to be dissatisfied with the quality of the relationship than men are. Rosenfeld said that these results support the idea that some women experience heterosexual marriage as oppressive or unfulfilling. He explains further, “I think that marriage as an institution has been a little bit slow to catch up with expectations for gender equality. Wives still take their husbands’ surnames…husbands still expect their wives to do the bulk of the housework and the bulk of the childcare.”

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Keep Your Living Will Up to Date

 Posted on November 14, 2017 in Estate Planning

Lombard estate planning attorneyThe Illinois Living Will Act states that every citizen has the basic right to control decisions about his or her health care. Unfortunately, however, there may come a point in a person’s life where he or she is not able to make such decisions on the spot. Advance medical directives, including living wills, can be used to document a person’s wishes regarding certain types of medical care in certain situations, removing the burden of making such decisions from family members and loved ones.

Those who advocate for living wills say that such instruments are crucial in protecting a patient’s rights. Living wills, in particular, address which types of death-delaying procedures the patient wishes to receive—or not receive—if he or she is ever diagnosed with a terminal condition and is unable to communicate his or her wishes at the time. A terminal condition is one that is incurable and will ultimately result in the patient’s death. Death delaying procedures are defined as treatments that will only serve to postpone the moment of death and commonly include:

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Study: Parents of Teen Girls More Likely to Divorce

 Posted on November 11, 2017 in Divorce

Lombard family law attorneyMarried couples get divorced for an endless variety of reasons. For some, infidelity may an issue while financial stresses drive others apart. Of course, there are often many factors that play into a couple’s decision to end their marriage, and researchers are always trying to identify trends that could help married couples recognize possible red flags. According to several recent studies, however, a first-born daughter could be one of the potential warning signs.

Australian Team Studies Dutch Families

Dr. Jan Kabatek and Dr. David Rebar, faculty members at the University of Melbourne, conducted one such study. The pair examined more than two million marriages in the Netherlands over the course of 10 years. They chose the Netherlands because Dutch marriage and family records are very comprehensive and provide exact dates of marriages, divorces, and births. Other, similar studies have been based on participant’s responses to surveys—which rely on memory and recollection as opposed to objective data.

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What You Should Know About Reverse Mortgages, Part 2

 Posted on November 07, 2017 in Estate Planning

Lombard estate planning lawyerRecently, a previous post on this blog discussed the definition and some of the possible benefits of reverse mortgages. In that article, we talked about how reverse mortgages are often taken out by seniors to supplement their retirement income by borrowing against the equity they have built in their homes. In many situations, a reverse mortgage may be an appropriate option, but it is important to consider that reverse mortgages could also have some disadvantages—including an impact on the assets passed down to a person’s heirs.

Unforeseen Costs

The entire point of a reverse mortgage is to give an elderly person—62 is the minimum qualifying age—access to additional money during his or her lifetime. The amount a person can borrow in reverse mortgage is dependent on a number of factors including the type of reverse mortgage, the borrower’s age, the value of the home, and interest rates. Of course, in most cases, the lender will also apply a number of costs and fees, including an origination fee, costs at closing, and servicing fees for the life of the loan. Some lenders also charge for mortgage insurance premiums for certain reverse mortgages.

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Out of State Relocation and Child Custody

 Posted on November 02, 2017 in Child Custody

Lombard family law attorneysPeople do not stay in one place as often as they once did. With the global economy entirely interconnected and the job market in a seemingly constant state of flux, family moves are more common. However, so are divorces. In Illinois, the laws regarding the allocation of parental responsibilities—formerly called child custody—provide requirements that must be met before children can be moved a significant distance from their current home.

A Child’s “Home State”

For the purposes of parenting plans, a child must have a “home state.” This is the state in which a court would have jurisdiction to decide cases involving the child. Illinois is a child’s home state when (1) that child has lived in Illinois for six months (or since birth, if the child is not six months old yet), and (2) the child has no other home state, and/or the child (or their parent) has significant connections to the state. If a parent intends to move to another state and take their child with them, the child’s home state will change.

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What You Should Know About Reverse Mortgages, Part 1

 Posted on October 26, 2017 in Estate Planning

Lombard estate planning lawyersIf you watch television at certain times of the day, you are likely to see occasional advertisements for reverse mortgages. These ads often run in similar timeslots as commercials for arthritis medication and electric scooters. It is clear that they are intended to reach a certain demographic—namely, seniors who are starting to consider the reality that they will not live forever. As with most television pitches, it understandable that the audience would be skeptical, but a reverse mortgage may be an option for certain individuals and families.

Reverse Mortgages Defined

Most people understand that a standard mortgage is a financial arrangement in which a lender provides a borrower with money to buy real estate, including a home. The property itself is the collateral used to secure the loan. The borrower makes regular installment payments until the amount borrowed and any accumulated interest is repaid.

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Could There Be a Genetic Component to Divorce?

 Posted on October 24, 2017 in Divorce

Lombard divorce lawyersFor years, scientists have known that children of divorced parents are more likely to get divorced as adults. People have speculated that this was because children spend time with their divorced parents during their formative years and therefore grow up to have a similar lifestyle. However, a new study suggests that genetics may play a role in whether children grow up to get divorced or not.

The study was conducted by Virginia Commonwealth University and published in the journal Psychological Science. It examined data regarding divorce in adopted children and children who grew up around their biological parents. The study’s findings showed that children who did not grow up knowing their biological parents and siblings still had a tendency to match their biological family’s decisions regarding divorce. The adopted children were less likely to have similar histories of divorce as their adoptive parents. This could mean that many of the choices we make about our relationships as adults are influenced by our DNA. When it comes to divorce, nature may be a stronger factor than nurture.

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New Federal Law Aimed at Protecting Seniors

 Posted on October 20, 2017 in Estate Planning

Lombard estate planning attorneyOlder men and women are often among the most vulnerable members of our society. Children, of course, are also vulnerable, but as a whole, we have been historically more likely to aggressively protect children than adults and seniors. Unfortunately, this means that is relatively easy for elder men and women to be exploited—often by those who have been entrusted with guardianship or other responsibilities. With proper estate planning that includes contingency clauses and protections, it may be possible to reduce the likelihood of such abuse. A new federal law will also provide additional help in the battle against elder abuse and exploitation.

Bipartisan Efforts

The Elder Abuse Prevention and Protection Act was drafted by Representative Elizabeth Esty, a Democrat from Connecticut, and Representative Barbara Comstock, a Virginia Republican. The bipartisan measure passed the House and Senate and was signed into law by President Donald Trump earlier this month.

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New Child Support Law Now in Effect

 Posted on October 16, 2017 in Child Support

Lombard family law attorneysUntil just a few months ago, Illinois courts calculated child support as a percentage of the income of the parent with fewer parental responsibilities—referred to in the past as the non-custodial parent. Since July 1, 2017, however, a new law has brought child support guidelines in Illinois up to date with modern trends and started improving the lives of all parties involved.

The Old Child Support Law

The previous law in Illinois has long been criticized for being inequitable, with not enough potential exemptions taken into account, and an alleged unfair burden on the non-custodial parent. Under the old guidelines, there were two primary factors in determining the amount of support to be paid: the income of the non-custodial parent and the number of children to be supported.

Critics found this unfair not only because not enough exemptions were taken but also because, in some situations, it effectively punished a supporting parent financially for spending time with his or her child. For example, if a father was the party paying support for two children, he would have paid 28 percent of his net income regardless of how much parenting time he enjoyed. If he had a substantial amount of parenting time, he would likely spend more money on the children while they were in his care, in addition to providing for basic needs like beds, bedding, and food. However, he would still be required to pay the same amount of child support as he would have with little to no parenting time.

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Understanding Powers of Attorney

 Posted on October 12, 2017 in Powers of Attorney

Lombard estate planning lawyersEstate planning can be a difficult task for many individuals. Rare is the person who is excited about confronting his or her own mortality. The reality is that none of us will live forever, and estate planning affords us the opportunity to provide for our family members and loved ones well beyond our lifetime. Some elements of estate planning, however, are intended to take effect, if necessary, while you are still living so that your affairs can be properly managed, no matter what happens to you. Powers of Attorney are among the most important estate planning instruments, but they are often overlooked by those who are unfamiliar with their application.

Two Types

There are two different kinds of Powers of Attorney (POA): Power of Attorney for Property and Power of Attorney for Health Care. The two categories refer to the subject matter covered by the document, but both types give a trusted friend or family member the authority to make decisions for you in the event you are not able to make them for yourself. As their names imply, a POA for Property gives your chosen individual or entity—known as an agent—the power to make decisions regarding your finances, assets, and debts while a POA for Health Care appoints an agent to make medical and health-related decisions. By using POAs properly, you can help protect your family from uncertainty and unnecessary costs associated with guardianship proceedings.

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