Posted on February 25, 2019 in Child Custody

Child custody, known as the allocation of parental responsibilities in Illinois, is one of the more complicated aspects of a divorce. Despite your opinion and feelings about your ex-spouse, you both still have the common ground of loving your children together. No one wants to feel like their children are taken away, or that they are being purposely kept from them. With the right parenting plan, you can create a schedule that benefits everyone.

In recent years, Illinois has implemented changes to family law procedures regarding divorce and children. Along with the change from child custody to the allocation of parental responsibilities, the terms “sole” and “joint” custody are no longer used. Visitation is also an outdated term, and parenting time is now used in its place.

The very idea of splitting time with your children can feel like a daunting task. Here are some common questions parents have about child custody when going through a divorce.

Continue Reading ››

 Posted on February 22, 2019 in Estate Planning

The number of remarriages has been gradually increasing over the past few decades. As a result, blended families have become more prevalent than ever before. Blended families face unique challenges when it comes to estate planning. If you are a part of a blended family or are remarried, read on to learn how estate planning can put you in control of your and your family’s future.

When a Relative Dies Without a Will

Although it can be a hard topic to discuss, it is crucial that blended families talk about estate planning together. Family arguments and other issues can arise when parents pass away without a will or trust to dictate how their property should be divided between children of different marriages. When someone dies without any estate plans, surviving family members are left to figure out inheritance dilemmas in probate court. This can be an incredible burden for a family to shoulder. Creating inheritance and estate plans now can give you peace of mind and a sense of control knowing that your family will not be forced to sort out your final affairs during an already challenging time.

Continue Reading ››

 Posted on February 19, 2019 in Child Support

Child support payments are among the most important elements that must be determined for most couples as they begin the divorce process. While many people associate child support with divorce, parents who share a child but are not legally married may seek or be required to pay child support.

Although child support payments are typically determined through the court, some families decide to settle their payments through a mutual agreement. According to 2016 data released by the U.S. Census Bureau, 89.9 percent of custodial single parents have formal agreements through the court, which means only a small percentage of parents maintain an informal agreement.

Here is a look at the types of arrangements families can have and the aspects that figure into the determination process.

Types of Child Support Arrangements

Most parents have joint custody of their children after divorce since judges typically believe this is in the best interests of the child. For those who share custody, calculating payments can be complicated. There are two factors that go into the determination process: a parent’s income and the amount of time spent with the child. Often, the parent who has the highest income will contribute the most money. However, if the highest earning parent also spends the most time caring for the child, their required check will most likely be reduced in an attempt to equate the costs between both parents. For those who have never been married, determining payment sizes can depend on a variety of factors. These include who the child lives with, the resources available to the custodial parent, and each parent’s income.

Continue Reading ››

 Posted on February 18, 2019 in Divorce

With all the planning and effort it takes to get married, getting a divorce is an equally demanding reversal. However, instead of booking venues and picking flower arrangements, you are hiring attorneys and dividing assets. Some religions also frown upon divorce, which can add another layer of complexity. Still, there are many possible reasons someone may decide to divorce their spouse.

In Illinois, a judge will grant a divorce if the couple has irreconcilable differences or has lived separately for six months. The divorce process starts by filing forms and serving them to your spouse. If you are conflicted on your reasons for wanting a divorce, here is a list of common factors that often cause individuals to make the critical decision.

Infidelity

Getting a divorce may feel like a betrayal of your promise to make it through the good times and bad, but a cheating partner largely nullifies that rationale. If your spouse cheats, there is something they are missing from your relationship and they would rather seek it elsewhere. Some couples can work through an affair, but it is often a deal-breaker for many. If you have suffered through repeated affairs, it is time to consider why you would want to put up with that any longer.

Continue Reading ››

 Posted on February 14, 2019 in Estate Planning

Whether you have never written a will or you are decades into maintaining a comprehensive estate plan, everyone should be on the lookout for a new type of scam artist: the estate planning scammer. The complex nature of estate planning has given unscrupulous individuals an opportunity to scam money out of innocent victims.

Facing your own mortality when planning for your family’s future can be overwhelming and emotional. Sadly, it is this emotional vulnerability which scammers use to trick people into ineffective and unnecessarily expensive estate plan “assistance”. If you are planning to draft a will or other estate planning document, make sure to avoid taking legal advice from unqualified or untrustworthy individuals. A licensed estate planning attorney can help ensure that your estate plans are sound and legally binding.

Understand What You Need and What You Do Not Need

Everyone should have an estate plan of some kind. Many people make the mistake of thinking that only the wealthy or those with children need a will or other estate plan. Most people own items of value (whether financial or personal value) that they wish to pass on to loved ones after they die. Estate planning allows you to guarantee that your property ends up where you want it to be after you pass away. Estate plans can also include decisions about final arrangements. Making decisions like these in advance saves your surviving family and friends the burden of guessing what you would have wanted. If you have minor children, creating an estate plan allows you to choose a guardian to care for your children if you pass away before they reach adulthood. Individuals with greater or more complex assets will require more complex estate plans that those without much property.

Continue Reading ››

 Posted on February 12, 2019 in Adoption

Adoption is a popular option for many couples and individuals who wish to start a family. More than 135,000 children are adopted in the United States each year. Although it is often said parents who adopt are saving the child’s life, adoption significantly benefits the lives of parents as well. Adoptions vary, including the processes involved. Here is a look at the different types of adoptions so you can determine which is best for you. Whichever method you choose, adoption is a legal process, and you want a skilled adoption lawyer to help you throughout.

Domestic Adoption

These adoptions are those completed entirely within the U.S. There are two ways in which a domestic adoption can be completed: through an agency or private adoption. Agencies facilitate the adoption process and connect prospective parents with potential adoptees. Independent adoptions are often the choice of couples who already know the birth mother or family.

Continue Reading ››

 Posted on February 11, 2019 in Divorce

When two people get married, their financial situations change. The same is true in divorce. In Illinois, spouses who earn less money typically receive spousal maintenance (formerly known as spousal support or alimony). Here is a look at how spousal maintenance is calculated.

What Is Spousal Maintenance?

Spousal maintenance protects the individual in the marriage who makes less money and who would, therefore, be at an economic disadvantage in divorce. For example, one spouse may have stopped working to raise the family while the other maintained a high-paying career. Maintenance is meant to maintain the standard of living for both former partners.

When the divorce process begins, spouses usually wonder how much maintenance will be paid and for how long. Spouses can reach a spousal support agreement on their own, or the court will base a determination on:

Continue Reading ››

 Posted on February 07, 2019 in Estate Planning

If you have aging parents, you have probably already noticed a certain amount of role reversal. As children grow to adults and parents get older, it sometimes becomes the child’s job to help his or her parents manage life’s challenges. If you have worried that your parents do not have adequate estate plans in place but are unsure of how to broach the subject, experts have some tips to help.

The Risk of Dying Without a Will

Although they are arguably one of the most important documents a person could write, many people pass away without ever having written a will. When the world famous singer Aretha Franklin died last year at age 76, she had no will or trust to direct how her assets should be handled. Her lawyer explains that he encouraged her to draft a will or trust for years, but she never did. Her four children must now endure a public probate process which could take years. Passing away without a will leaves private decisions up to strangers and impersonal state laws. It can also have a negative financial impact on the decedent’s estate and his or her surviving family.

Continue Reading ››

 Posted on February 05, 2019 in Asset Division

The annual military divorce rate is not as high as many people believe. The divorce rate has remained at 3 percent over the last four years. Numerically speaking, 21,290 of 689,060 married troops divorced in 2017.

The legal issues surrounding military marriage and divorce can be difficult to understand, as military law is different than civilian law. Over the past few years, many changes have been made regarding military pension and its division with divorcees.

The Frozen Benefit Rule

This law is meant to benefit military members of all branches. This includes the Army, Navy, Air Force, Marines, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service’s Commissioned Corps. The law comes into effect for military personnel going through a divorce. Under this law, a member’s rank and pay are frozen at the time of their divorce. This means the pension received by the individual’s former spouse will match the rank and pay that the member was receiving at the time of the divorce. Therefore, if the military member receives a higher rank, the former spouse will not receive additional compensation.

Continue Reading ››

 Posted on February 04, 2019 in Divorce

Often when people fall in love, they get married to show their commitment to their partner. It is a significant gesture and an even bigger step in a relationship. A wedding is supposed to be one of the happiest days of your life, so after a divorce, it may feel hard to love and accept yourself.

There is no right or wrong way to feel during or after a divorce. Everyone has different experiences depending on the length of the marriage and if children are involved. In some cases, a divorce may be the best thing for everyone, although it may not feel that way at the time.

Even if your divorce is a mutual decision, it is still normal to feel rejected or depressed after separating from your spouse. Here are some tips to help manage your divorce emotions.

Emotional Health

Your marriage, at one time or another, was a loving and happy relationship, so it is important to allow yourself to mourn the loss. Even if you are glad to be divorcing your spouse, there may still be a void from your relationship with them. Most people, divorce or not, can benefit from therapy. Consider working out your feelings with an unbiased party who can help you channel your emotions in a positive direction.

Continue Reading ››