Recent Blog Posts
The Advantages of a Living Will in Protecting Your Interests
It is never easy for one to think about the end of their life, and preparing a living will can feel unsettling as it stirs up a mixture of emotions. Despite the unpleasant nature of the subject, a living will can actually be a very useful and powerful tool when it comes to protecting your best interests, in turn offering a sense of peace of mind. Knowing you have addressed your wishes, boundaries, and directives regarding your health, property, and finances can give you a sense of accomplishment and make things easier for your loved ones.
How Does a Living Will Benefit Me?
In the state of Illinois, there are two kinds of power of attorney: one that covers health care and personal issues, and one that covers the management of property. Similar to these documents, a living will is an advance directive that also serves a specific purpose. It exists to allow a person who has been diagnosed with a terminal illness to express their desire to have death-delaying procedures withheld or withdrawn in the event they cannot speak for themselves.
What Can Divorce Mediation Do for Your Family?
Often when people hear the term mediation in the realm of divorce, they automatically think of the tense arguments and conflicts that typically surround the end of a marriage. While disagreements can certainly turn ugly in the midst of divorce, many marriages actually end civilly and peacefully, with minimal conflict between spouses.
However, for those who are having a difficult time seeing eye to eye on certain issues, tension can arise and the challenge to come to a settlement can create a very bumpy transition for the entire family. This is where divorce mediation in family law comes in. Mediation has a number of advantages, but it is particularly helpful in a number of ways.
Better Communication
A mediator’s job is to listen to both parties and assist in helping them reach an agreement that is mutually satisfying. They help create tailored arrangements that suit a couple’s specific needs and requirements, treating each situation differently. Working alongside an unbiased professional who is able to answer questions and direct the process makes for better communication between both parties.
Getting Divorced More Likely Than Being Widowed
As more and more older Americans enter their so-called “golden years,” the chances increase that they will do so without a spouse by their side. For the first time, those who are age 50 and older are more likely to get divorced than to be widowed—a very telling sign of the times. In fact, the 50-and-up age group now accounts for about a quarter of all divorces, and the divorce rate for older people has doubled since 1990.
Causes of Gray Divorce
There are many factors that have led to the surge in older divorce—sometimes called gray divorce. Evolving social views on divorce and other elements of family law has all but removed the stigma from dissolving an unhappy or unhealthy marriage. Older people are also living longer and healthier than in previous generations, meaning that even at 60, a person may have 30 more years to live—years that he or she does not want to spend in a bad relationship. Women, in particular, have become more empowered to seek happiness and not to settle for what is just familiar.
How to Recognize Domestic Violence
On June 11, 2016, Americans woke up to a tragic news story: 49 individuals were killed by a gunman in an Orlando nightclub. In the wake of this horrific event, there has been much speculation as to the character of the individual responsible for the deaths. In addition to his possible ties to the terrorist organization ISIS, the gunman has a history of domestic violence against his ex-wife. Reports have been emerging in which she says that her husband was both physically and mentally abusive to her prior to their 2009 divorce. He reportedly beat her out of anger when the household chores were not done and barred her from talking to her friends and family. She also said he withheld her paychecks and refused to allow her money. Scared and alone at the hands of her abuser, the woman’s family helped her escape the toxic marriage.
What Does Domestic Violence Look Like?
Unfortunately, these circumstances are not unique. Over four million women are physically abused by a spouse or significant other every year. The Huffington Post reports that on average one out of four women are victims of violence at the hands of a partner. Domestic violence can take many forms. In addition to physically hurting a victim, abusers will often:
Power of Attorney for Property Basics in Illinois
Utilizing the Power of Attorney to manage what happens to your property is an important part of will, estate, and trust planning. Everyone has different needs and different circumstances when it comes to making arrangements for the handling of their possessions and accounts, but no matter how much or how little you own, it is helpful to know your belongings are protected and that your wishes are carried out.
The Purpose of Power of Attorney for Property in Illinois
The main purpose of the Power of Attorney in terms of property is to designate and grant a specific individual the authority to handle and make decisions regarding your various financial affairs. In the state of Illinois, this power allows that person (also referred to as an “agent”) to sell or dispose of your property, even without your consent. It also deems the agent right to make such decisions without giving you any advance notice. Ultimately, Power of Attorney is a tool that allows you to officially document and voice your wishes, how you do or do not want them carried out, and to whom you would like the power given to in the event that you cannot--or do not want to--make the final say on a financial matter.
Facing a Layoff? Request a Child Support Order Modification Right Away
In today’s uncertain economy, many consider themselves fortunate to be gainfully employed. The possibility of a layoff or other dramatic change, however, always seems to be looming. While the thought of losing your job may be frightening under the best of circumstances, it can be downright devastating if you are already subject to a child support order. A sudden decrease in income may make it impossible for you to meet your obligations, so it is important to know what to do if the worst should happen.
Document Everything
Losing a job through no fault of your own most commonly occurs in situations involving layoffs or a failing business. The family court system, in general, takes a much different view of a layoff than it would of you being fired for absenteeism or gross misconduct. It may not be possible, but if it seems that a layoff could possibly lie ahead, begin documenting any and all available information. Keep notes about potential closing dates, severance packages being offered, or even substantiated rumors. These type of records could prove important if you are eventually laid off and need to prove to the court that you were not fired.
Pension and Retirement Assets Are Usually Marital Property
In contested divorces, many spouses begin the case thinking about the marital property they would like to keep. Often the parties will dispute who gets the house. Sometimes one spouse would really like a certain piece of furniture or possibly a vehicle that the couple bought together. Marital property is more than just physical objects, however, and there is even more to it than just considering the current cash and investments that you and your spouse have. Under Illinois law, pension and retirement accounts are also considered marital property, and though you and your spouse may not retire for many years, this money will need to be considered in your divorce agreement.
Dividing Pension and Retirement Accounts in an Illinois Divorce
In Illinois, marital property is generally anything that the spouses acquired together during the course of a marriage. The state of Illinois considers pensions, whether they are vested or unvested, to be marital property subject to division in divorce proceedings. According to the law, marital assets are to be split equitably. This does not mean that each spouse will get half of all marital assets, but rather that a court will divide these assets as fairly as possible.
Non-Parent Visitation Guidelines Following Divorce
Once your divorce is finalized, you and your family embark on new journeys and a brand new way of life. When you and your ex-spouse share children, arrangements for visitation (parenting time) and the allocation of parental responsibilities (child custody) are made, resulting in new routines and a lifestyle that you and your children were not previously accustomed to before the divorce. While these new arrangements can take some getting used to, they often result in happier, healthier homes and habits for the whole family.
Non-Parent Involvement
During the divorce process, and often through mediation, you are expected create a parenting plan for how you will continue to raise your children and make decisions for your children based on their best interest. Outside influences must also be taken into consideration, such as grandparents, mentors, and close family friends.
Who will have visitation rights, and what will those rights look like? How will you determine which non-parents will spend time with your children, and how will you negotiate those parameters? Here are some basic visitation guidelines for non-parents according to Illinois law:
Consider Your Reasons for Relocation
Following a divorce, you may want nothing more than to move to new city or state and start fresh. Doing so may require starting a different job or pursuing an education in your new town, as you look to move forward with your post-divorce life. For a parent with shared parenting responsibilities, however, the decision to relocate is much tougher, even if the desire to move is the same. If you want to move and seek new beginnings with your child, there are a number of things that you will need to consider.
The Other Parent’s Consent
When you have been allocated half or more of the parental responsibilities for your child, one of your duties, according to the law, is to help your child foster a relationship with his or her other parent. This presumes, of course, that a relationship between the child and the other parent is healthy and in your child’s best interest. With that in mind, before relocating to a new city or state with your child, you will need to seek the other parent’s consent, and have your parenting time agreement updated to reflect the new reality.
Cooperating With a Guardian ad Litem
While many divorcing parents are able to reach a reasonable agreement regarding parental responsibilities and parenting time, many others simply are not. In some cases, the parents are unable to put aside their personal differences and focus on the needs of the child. In others, each parent may have the absolute best intentions but are having difficulty compromising with one another. When proceedings for the allocation of parental responsibilities or other child-related concerns encounter such obstacles, the court may appoint a specially-trained lawyer to serve as guardian ad litem (GAL) for the duration of the case.
The GAL’s Role
A guardian ad litem acts essentially as an extension of the court. He or she is granted investigative powers to study the circumstances of the family and the child in question. The GAL may interview the child, each parent, siblings, and other relevant parties, as well as review court transcripts, financial documents, and any other evidence that may be helpful. Upon completing the investigation, the GAL prepares a recommendation for the court, based on what he or she believes would be the ideal situation for the child.
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