Posted on October 08, 2019 in Divorce

When it comes to the end of a marriage, there may be no such thing as an easy divorce. Even couples who remain civil and separate amicably do not escape the end of the relationship without experiencing hurt and pain. Having to let go of someone you loved, possibly still love, and shared a home and a life with can be irrevocably damaging, regardless of the circumstances. Still, some divorces are flat-out toxic from start to finish and result in ongoing conflict and heated legal battles. A contentious divorce is undeniably the most taxing kind, as it takes a toll on the whole family mentally, emotionally, and spiritually.

Minimizing Divorce Stress

Spouses can disagree about nearly everything in a contested divorce case, from the division of assets and debts, to spousal maintenance (alimony), to child support and parenting time. If you find yourself in high-conflict divorce and cannot manage to find middle ground on any topic, you may not be able to change the relationship dynamic, but you do have some power over how you handle the inevitable stresses of the divorce process. Psychology experts recommend the following activities to lighten your burden during this difficult transition:

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 Posted on October 05, 2019 in Estate Planning

When most people think about the concept of estate planning, they tend to think about money and “things.” Of course, there is nothing wrong with this thought, as estate planning does require a person to decide which beneficiaries will receive what property when the person dies. Property and debt considerations, however, are only part of the estate planning equation, especially if you have children who are under the age of 18. With the help of a qualified attorney, your estate plan can include your wishes regarding how your children will be cared for if something happens to you.

Guardianship Considerations

It is not easy to even ask the question, but what would happen to your children if you were, all of a sudden, out of the picture? Your spouse would most likely take on additional responsibilities for your children if you are married, but what if you are single or divorced? Or worse, what if you and your spouse were to die in the same tragic accident? Unfortunately, the realities of life are often extremely cruel.

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 Posted on October 02, 2019 in Divorce

A divorce is a difficult time for many couples. Whether you have been married for one year or 20 years, the divorce process can be long and stressful. Once the complicated steps such as property division and creating a parenting plan are over, it is time to begin moving on with your life. Although a divorce may be finalized, you may still have lingering feelings about the marriage or your ex-partner. Divorce can be a big lifestyle change, and this transition can prove challenging.

Grieving the Loss of Your Marriage

Getting a divorce means losing an important person in your life. It is normal to grieve this loss. Mourning the relationship with your ex-spouse can be cathartic. However, while contemplation is good, dwelling on the past can hinder you from moving on. A person getting a divorce may go through the stages of grief: denial, anger, bargaining, depression, and acceptance.

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 Posted on September 30, 2019 in Child Support

As a parent pursuing child support following a separation or divorce, it is not uncommon to encounter various roadblocks. The process can bring all kinds of questions and concerns to the surface, and parents will need answers to these questions sooner rather than later. They need to know how much support they qualify for, how that support will be provided, and the certainty that funds are not only available but reliable on an ongoing basis. Additionally, those paying support are entitled to know how their obligations are calculated and what is expected of them by law.

Income Shares Approach

Whether discussions about support arrangements have turned tense between you and the other parent, or you simply feel overwhelmed as you begin your attempt to secure the means needed to care for your child, consider the following tips to better understand the “Income Shares” method in the state of Illinois:

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 Posted on September 26, 2019 in Family Law

No matter what kind of relationship you share with your child’s mother or what your living arrangements will be after your child is born, it is important to understand a father’s rights and how to avoid jeopardizing yours. If you wish to be involved and have a say over parental matters in the future, the first step is to be aware that in Illinois, you are only considered the legal father if you are married to--or have entered into a civil union with--the mother at the time of birth. This means that your relationship with your child from the moment he or she is born will greatly revolve around where you stand legally on paper.

Immediate Actions You Can Take to Protect Your Rights

There are some actions you can take to establish paternity in order to make sure your rights as a father are not violated. Below are some of the first steps in becoming legally recognized as the father of your child:

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 Posted on September 26, 2019 in Estate Planning

The very idea of estate planning can be frightening for many people, as it is not easy to confront the realization that nobody lives forever. Drafting an estate plan that includes a will, trusts, and other documents requires you to look past the end of your own life. While the difficulties associated with estate planning are understandable, it is critical to have an estate plan. If you were to die without a will or other estate plans, most of your property would probably be subject to the intestate succession laws of Illinois.

What Does “Intestate” Mean?

A particular asset is deemed to be “intestate” if there is no direction specified for how the asset will be disposed of following the owner’s death. Jointly owned property is not usually intestate because the ownership of the joint property will generally transfer to the other owner or owners. Likewise, an investment account that has named beneficiaries or a transfer-on-death clause is not an intestate asset. The named beneficiaries will receive the funds in that account when you die. However, if you are the sole owner of an asset and you have not established legally enforceable instructions on handling the asset upon your death, the asset will be treated as intestate property.

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 Posted on September 26, 2019 in Divorce

If you are thinking about filing for a divorce from your spouse, you will eventually need to know how to do so. Even if you and your spouse are in total agreement that a divorce is necessary, you are likely to have many questions about the divorce process.

Depending your circumstances and the dynamic of your relationship, you and your spouse may very well have spent many months preparing for your divorce-both logistically and emotionally-but the divorce does not formally begin until one of your files a petition for dissolution of marriage with the court. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides rules regarding who is eligible to get divorced in the state and where to file your petition.

Illinois Residency

You qualify to have your divorce handled in the state of Illinois if you or your spouse have been a resident of the state for no less than 90 days prior to the filing. If you or your spouse were stationed in Illinois as part of your military service, your time in Illinois would count toward the residency requirement.

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 Posted on September 25, 2019 in Family Law

When a baby is born to a married couple, the mother’s husband is assumed to be the father of the child. Paternity is the legal definition of a father’s relationship with the child. When a father establishes that he is legally the father, he has rights to the child, such as parenting time. This is what legally differentiates him from anyone else, such as a family friend or other father figure. Establishing paternity not only strengthens the relationship between father and child, but the child will also benefit.

Ways to Confirm Parentage

The only way paternity is automatically established is through marriage. Even if the parents of a child live together, or are engaged to be married, paternity will need to be established another way. The only exception is if the mother was married, or in a civil union, at least 300 days before the birth. In these cases, her partner or former partner will be assumed to be the child’s father.

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 Posted on September 20, 2019 in Estate Planning

While some people have the good fortune of being born into a family with significant wealth that was amassed several generations ago, most others work extremely hard to accumulate the assets and holdings that comprise their estate. As far as your estate is concerned, you have likely put in many hours and made responsible decisions to earn what you currently own. With this in mind, you have every right to decide what will be done with your property after your death.

It is important to remember that while you do have the right to make estate planning choices for yourself, decisions such as these will affect others. The choices you make in your estate plan will almost certainly impact your loved ones and close family members. That impact could be negative, positive, or neutral, depending on your unique circumstances and how you manage them.

Avoiding Unfounded Assumptions

A recent study conducted by Fidelity Investments found that an alarming number of aging individuals are not on the same page with their adult children when it comes to the topic of estate management. For example, Fidelity discovered that adult children tend to believe that their parents’ estates are worth far less than they actually-about $280,000 less on average. Additionally, the study found that nine out of ten parents plant to presume that one of their children will serve as executor of their estate. More than 25 percent of adult children, however, had no idea about their parents’ expectations.

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 Posted on September 18, 2019 in Divorce

The divorce rate is currently at its lowest in 40 years, and this decrease in divorces is widely attributed to younger generations delaying marriage. In fact, 15- to 24-year-olds have contributed the most to this average decrease, with a 43 percent drop in divorce rates for this age group. As societal norms change, younger people are waiting longer to get married. A lot of couples choose to live together for a number of years before entering into a legal union. Although the overall percentage of divorces has decreased recently, many couples still choose to end their marriage after careful consideration.

Issues That Can Destroy a Marriage

Most couples do not enter into marriage expecting to get divorced. However, it can happen due to various factors that cause the breakdown of the relationship, such as:

• Infidelity: For some, cheating is considered the ultimate betrayal of a partner’s trust and loyalty. Infidelity can be enough for a person to want a divorce, but it is also a sign that there may be underlying problems within the union. If a person decides to remain married and work on the relationship, there is no guarantee that their partner will not commit adultery again or that they even wish to remain committed to the marriage.

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