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Returning to the Regular Parenting Plan After Winter Break
With New Year’s and the holiday season now in the rearview mirror, children will soon go back to school. Winter break is a great time to enjoy days with your children and celebrate together. With your child being off from school for multiple weeks, hopefully your parenting plan worked sufficiently for you and your ex-spouse as you navigated the packed schedule.
Parenting plans should be formulated during the initial divorce process. They detail when a child gets to spend time with each parent and provide instructions for situations like extracurricular activities, holidays, and day-to-day life, such as exchanges of parenting time and a child's educational needs.
There are many ways to split time between two parents when a child is off from school. With important holidays during winter break such as Christmas and New Year’s, that can alter how time with your child is organized. For example, one holiday may be spent with one parent, and then switched to the other for the next. Another way of organizing a parenting plan during your child’s winter break is to have the majority spent with one parent, and the important family holiday with the other.
Stepparent Rights Before and After a Divorce
Becoming a step-parent can be an overwhelming life change, whether you have biological children of your own or not. Approximately 40 percent of American families are blended families, making stepparenting a common occurrence. It can be a challenge to balance the desire to befriend your spouse’s child and earn their affection with the need to parent them when the time comes. Many stepparents form strong bonds with their stepchildren, and they should be sure to understand their rights and legal obligations both during their marriage and if divorce ever enters the picture.
Throughout the Marriage
- Discipline: Many stepparents leave discipline to their spouse, especially when they first join the family, but as time goes on, more and more responsibility can get placed in their hands. It is important to have a conversation with your spouse about parenting expectations. Though it may not feel like it, you must remember that discipline is intended to benefit the child, and as a parent, the child’s safety should be your first priority.
The Dangers of Dying Without an Estate Plan in Place
According to several recent surveys, about 55 percent of American adults do not have a will. Of those, approximately 60 percent say it is simply because they have not had the chance to create one, but human nature suggests that there may be another motive. Many people are simply unwilling to consider their own mortality and to face the reality of death. Unfortunately, this can lead to serious consequences, even for those who do not have particularly large estates. Unfortunately, dying without a will or other estate planning tools can lead to some unpleasant consequences.
Depreciation of Assets
There are a number of reasons that assets may depreciate after death. It could be due to the red tape and time it takes to go through the Illinois probate system. Alternatively, valuable funds may need to be spent on tracking down family members that you might not have even had planned to inherit (or may very well be deceased). Taxes, which often end up being higher in the absence of a will, can also affect the value of the estate. Regardless of the reason, the absence of a will makes depreciation almost unavoidable.
Pets and Divorce: Including the Puppy in the Prenup
For many people, pets are a part of the family. You get them when they are young and you take care of them as they grow older, much like parents do with their children. Whether the pet is a dog, cat, bird, or reptile, many pet owners view their pets as children as well.
Divorce means the division of assets between two spouses, but also a decision on who gets the pet after the divorce papers are signed. Prenuptial and postnuptial agreements are a way to make these decisions while a couple's relationship is in a good place, instead of during the often contentious divorce process if they reach that unfortunate conclusion. Much of the negative perception regarding these agreements has faded in the public consciousness because couples now see the value of expecting the best but planning for the worst.
Pets in the Eyes of the Court
In most states, pets are solely regarded as property and are treated as such. Illinois is one of the few states that has made progress in the pet department. In 2017, Illinois and Alaska passed bills that allow judges to consider the well-being of an animal when making these decisions, and California recently followed suit. This bill also allows judges to grant joint custody of the pet if they believe it is the best option for the animal. Though many divorce cases do not end up going through full litigation, custody of children and pets often brings emotions to an all-time high.
Post-Divorce New Year's Resolutions
With the new year on the way, people always look for ways to improve themselves for the upcoming calendar year. Some may choose to eat better, work out more, or pick up a new hobby.
After a divorce, it often takes some time to adjust and get used to no longer being with your spouse, especially if the marriage lasted for many years, but the new year brings a fresh opportunity to reinvent yourself. You can do this at any time after the divorce, but with millions of other Americans setting goals to better themselves, you might feel inspired. If you have friends who set resolutions as well, it can be helpful to have them as your support network.
Here are some post-divorce Near Year’s resolution suggestions:
Be Kind To Yourself
It is easy to blame yourself for your divorce, but even if your actions contributed to the split, typically there is plenty of blame to go around. No relationship is perfect, so your spouse most likely had a hand in it as well. Stop blaming yourself for the divorce and think about the positives that come from it. If you and your spouse have been unhappy for a while, a divorce will eventually feel like a relief. Now you can use the time you have to better all aspects of your life.
Estate Planning Is Not Just About Wills
Most people know that estate planning chiefly deals with the distribution of assets and personal wealth after a person passes away. A last will and testament or trust can enable an individual to decide how his or her hard-earned assets are divided among heirs. While having a will is a critical part of making sure your final wishes are fulfilled and your family is provided for, wills do not address what will happen if you become incapacitated due to illness or injury. This "incapacity planning" is often disregarded as unnecessary or too emotionally burdensome to manage, but planning for potential incapacitation is critical to having a comprehensive estate plan.
Do Not Burden Your Family with Making Health Care Decisions on Your Behalf
Have you ever considered what would happen if you became unable to make decisions about medical care or financial affairs because of a serious illness? Often, when people fall ill and are near death, their family members have to make excruciating decisions about death-delaying procedures. Deciding when and if procedures like mechanical ventilation, surgery, cardiopulmonary resuscitation (CPR), dialysis, antibiotics, or transfusions should be used can be a tremendously burdensome task for family members. However, those who have incapacitation plans in place save their family members from being forced to make blind decisions about financial matters and medical procedures.
Surviving the Holidays After Divorce
No matter what holiday you celebrate this time of year, if you are recently divorced with children, it can be difficult to let go of your ex-spouse and the times you had. Family holidays like Christmas typically increase the level of communication between you, and if this is your first holiday season after your split or divorce, planning festivities may feel like a daunting task. Your parenting plan is a great place to start.
A parenting plan should provide a breakdown of all important holidays. School-aged children have extra time off this time of year, so your plan should reflect that in a manner that is fair to both parents. Splitting a child’s time off and allowing each parent to have either Christmas or Christmas Eve is a good way to go.
Despite the cheer and excitement of your children, the holidays can be a lonely time for those who have recently gone through a divorce or are currently in the middle of the divorce process. Family holidays are a tough reminder that you are no longer married, and your family has split. Here are some tips for getting through the holidays:
Blended Families: How to Adjust After Remarrying
The term "blended family" refers to families that come together with a relationship that follows a previous marriage or marriages. This often means connecting children who are unrelated to form a new, larger family. Every situation is unique. Some spouses both have children from their previous relationship while others do not. Both families are accustomed to "how things used to be" and it can be a difficult transition for parents and children alike.
There are many different strategies that can help families come together, even if it does not feel natural at first. Listed below are various ways to strengthen your family as it begins to form:
Set Boundaries
Begin by having a conversation with your new spouse about parental expectations. It is not always best to try and become your stepchildren’s new disciplinarian. By discussing and planning your boundaries and expectations with your spouse, you ensure that you both will hold similar roles for any stepchildren while maintaining respect for their biological parent.
Understanding “Undue Influence” in Estate Planning
Sadly, as long as there are vulnerable people in the world, unscrupulous individuals will attempt to exploit that vulnerability. This is especially a concern for those with elderly or disabled relatives. When someone exerts “undue influence” on an elderly or otherwise incapacitated person, they try to convince that person to make a different decision than he or she planned to make. This often occurs with financial and inheritance concerns. If you believe that your relative was under undue influence when he or she created a will or other estate planning document, you may be able to bring these suspicions to probate court.
Elderly Individuals and Those with Dementia Can Be Taken Advantage Of
Probate is the verification process which every will goes through in order for inheritance directions to be carried out after an individual dies. If you have recently lost a loved one and you suspect that his or her will does not actually reflect his or her final wishes, you may petition the court to have the will invalidated. This is called contesting the will. In order to prove your relative was under undue influence, you will need to show that:
Is Adultery Illegal, and How Does it Affect Divorce Cases?
Throughout the history of marriage, adultery has been socially frowned upon as a betrayal of trust, and it often leads to divorce. Public opinion and religious beliefs are often believed to be the driving factor behind these negative views, but the laws regarding marriage also play a role. However, many people do not understand how these laws may affect them.
The Legality of Adultery
As is common with most laws, the way adultery is defined and handled varies from state to state. What many fail to realize about adultery is that in Illinois, it is considered against the law and can result in legal repercussions. Illinois is one of 18 states that have made adultery a crime. Illinois law defines the act of adultery as voluntary sexual intercourse between a married person and a person who is not their spouse, if:
- The person is married and knows the other person involved in such intercourse is not his spouse; or
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