Posted on December 26, 2018 in Divorce

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.

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 Posted on December 21, 2018 in Wills and Trusts

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.

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 Posted on December 18, 2018 in 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:

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 Posted on December 17, 2018 in Child Custody

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.

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 Posted on December 14, 2018 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:

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 Posted on December 11, 2018 in Divorce

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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 Posted on December 11, 2018 in Divorce

Although it has become more common for women to keep their maiden name for personal or professional reasons, taking a spouse’s last name when you get married is still a common practice. The tradition originates from old 19th century English law, where women were required to assume their husband’s surname. Today, 20 percent of women in the United States retain their birth names, but what happens when a member of the 80 percent decides to get a divorce?

Since the 1980s, the divorce rate in the United States has decreased. Today, for first-time marriages, it sits at around 45 percent. When divorcing your spouse, a request to change back to your maiden name should be included in your divorce petition. This only concerns a switch to your birth name. A new request should be filed if you wish to change your name to something else.

Here are some things to consider if you are thinking about dropping your ex-spouse’s name following divorce:

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 Posted on December 07, 2018 in Estate Planning

It seems like just recently that we ventured into the year 2018, but soon this calendar year will come to a close. As you ready yourself for the new year, take some time to evaluate your estate plans. Although it may seem like a chore, scheduling regular estate plan “maintenance” is critical to ensuring that your estate plans reflect your actual wishes. Keeping estate plans up-to-date can take some time and energy, but the peace of mind you will feel knowing that your estate plans are current, accurate, and legally-binding is well worth the effort.

You Give Up Control Over Inheritance Decisions Without an Estate Plan

A comprehensive estate plan allows you to make decisions for your future which would otherwise be decided by others. Not only can estate planning tools like a will or trust help you decide how your property is divided after you pass, it also protects your financial interests and rights while you are living. When no valid estate plan exists and an individual dies, his or her wealth and property is distributed to heirs according to Illinois state law.

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 Posted on December 04, 2018 in Divorce

Enlisting children in extracurricular activities builds confidence and opens doors to different interests. Participating in music, sports, or clubs as a child can create lifelong skills and passions.

A break in the family, such as a divorce, can make life feel uncertain for your children, and create conflicts between parents. Perhaps one parent thinks the violin lessons are going nowhere, or horseback riding lessons are too expensive, while the other disagrees.

Here are some divorce tips on how to approach these activities:

Allocation of Parental Responsibilities in Illinois

Parental responsibility (formerly referred to as custody) is separated into different categories in Illinois, including education, extracurricular, medical, and religious. During the divorce, it is up to the parents to create an agreement that addresses the decision-making for these areas. Parents may decide to split up the duties, or work together on each to reach a joint consensus. If parents are unable to agree on how to proceed, it can be decided by court order.

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 Posted on November 29, 2018 in Estate Planning

If you have recently decided that it is time to create an estate plan, congratulations! You are one vital step closer to preserving the financial future of your family. However, it is important to understand that, when it comes to estate plans, one size does not always fit all. In fact, using so-called “boilerplate” forms or documents could lead to devastating oversights, as there are many different situations that could require special consideration.

Special Needs Children and Adult Dependents

Children who have special needs are often entitled to government benefits to help ensure that their medical and daily care needs are met. In many cases, these benefits continue well into adulthood. Unfortunately, when parents, siblings, or other family members leave behind an improperly planned inheritance, the benefits available to a special needs individual could be placed at risk. Then, rather than enhancing their lives, the inheritance ends up being spent on their daily needs.

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