Posted on January 19, 2018 in Divorce

Divorce is difficult at the best of times, but it can become much more of a headache when one spouse is argumentative and prone to provoking conflict. You are likely ready to move on with your life after the end of your marriage, and the last thing you want is an ex who keeps dragging you back into old arguments and coming up with new things to fight about.

If your ex is making things difficult during and after your divorce, consider the following factors:

1. You can set boundaries. While you and your spouse were used to being able to confide in each other and talk about anything during your marriage, those days are over. Moreover, if you do not want to discuss your personal life with your ex or listen to their complaints, you do not have to do so. Keeping conversations business-like, avoiding emotional discussions, and hanging up the phone or walking away if things get heated are good ways to keep from letting your ex push your buttons.

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 Posted on January 17, 2018 in Family Law

No one wants to think about their own mortality, but it is an issue that must be faced eventually. This is especially true if you have minor children. Provisions must be made for them in case the unthinkable happens. While it may seem alarmist, it is actually quite common to draw up a plan or mechanism to ensure that your children are well cared for if you are suddenly removed from the proverbial picture. The most often used method of guaranteeing that stability is to set up a guardianship, but there are other possible options.

Superior Rights Doctrine

As one might assume, if you are married to your children’s mother or father (or once were), Illinois courts will usually grant custody to him or her under the so-called “superior rights doctrine.” There is a general presumption that a biological parent is the best person to raise children, and this will often be followed as long as the parent has not been found unfit. However, there is one doctrine that carries more weight than the superior rights principle, and that is the best interests of the child. Illinois public policy explicitly states that the best interests of the child are the primary concern when ruling on issues in family law, such as parenting time or allocation of parental responsibilities.

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 Posted on January 15, 2018 in Estate Planning

Many of us have seen celebrity disputes in the news regarding a deceased person’s estate. For instance, after music legend Michael Jackson died in 2009, his family became embroiled in financial and legal arguments regarding his last will and testament. Jackson’s siblings-who were not named as beneficiaries-claimed that pop icon’s will was fake. Another dispute arose when Anna Nicole Smith’s billionaire husband J. Howard Marshall died. In a series of dramatic court cases, Smith was at first awarded but then denied a share of her late husband’s estate. Smith died just a year after her late husband and the argument was not resolved.

Celebrities are not the only ones to experience the tension of an estate dispute. Every day, families whose names we do not know experience the pain and trauma of arguments over inheritance. There is no way to eliminate the risk that your estate plan will be challenged by a family member, but there are some steps you can take to minimize the risk:

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 Posted on January 12, 2018 in Family Law

The term “parental alienation” refers to the process through which a person psychologically manipulates a child into having ill feelings toward their parent. This most often occurs when parents divorce or separate. Parental alienation is a form of psychological abuse and it can be devastating to both the child and his or her parents. There is even evidence to suggest that a child who has been manipulated in this way will have a higher chance of mental and physical illness. Parental alienation is inexcusable.

Why and How Does Parental Alienation Occur?

Parental alienation most often happens to children whose parents are separating or divorcing. Of course, it can also be an issue for children of parents who were never married to one another. When the parents are in conflict, they can start to bring their child or children into the conflict. A parent who is jealous or angry toward the other parent begins to encourage their child to take “their side.”

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 Posted on January 12, 2018 in Divorce

When you decide to end your marriage by getting a divorce, the process of separating the various aspects of your life from your spouse and establishing yourself in your newly-single existence can be incredibly complicated. During this time, it is easy to neglect your finances, but doing everything you can to avoid debt will help you prepare for a secure financial foundation following your divorce.

Consider the following tips for understanding and managing your debt throughout the divorce process:

1. Get your credit report - It is important to understand your complete financial picture prior to your divorce, and obtaining a copy of your credit report is essential for doing so. This will help you identify all joint bank accounts and credit cards, as well as any outstanding debts.

2. Establish your own credit - Having a good credit score will be essential for obtaining loans, housing, and credit cards after your divorce. If you do not have an extensive individual credit history, you can establish one by obtaining a credit card in your name, making regular purchases, and paying off the balance on a monthly basis.

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 Posted on January 08, 2018 in Estate Planning

A person’s last will and testament is a vitally important document. In it, an individual can record their wishes regarding guardianship of children and the distribution of assets and property. However, there are instances in which the directives set forth in a will are not carried out. If a judge determines that the person signing the will was not of sound mind or was illegally influenced, the court can disregard the will. In these cases, decisions about property and guardianship can become incredibly complicated.

The Person Signing the Will is Not of Sound Mind

Often, as a person ages, they experience changes in cognitive capacity and memory. A will must be written and signed by a person of “sound mind” in order to be considered valid. A person has “testamentary capacity” if he or she fully understands the instructions set out in the will and agrees to them. It can be extremely difficult to prove that the testator was not mentally capable of understanding the will that they signed. Often the strongest evidence of testamentary capacity comes from the people who witnessed the will maker signing the will.

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 Posted on January 05, 2018 in Divorce

In December of 2017, Congress passed a landmark tax reform bill, and this update to the law made a number of significant changes that will affect nearly everyone in the United States. One key change that people should be aware of is how spousal maintenance (also known as alimony or spousal support) will be taxed.

Taxes on Spousal Support

Following divorce, the spouse who earns a higher income may be required to make maintenance payments to the lower-earning spouse, with the amount and duration of these payments being based on the income each spouse earns and the length of the marriage. Under current law, maintenance is tax-deductible for the paying spouse, and it is considered taxable income for the receiving spouse.

The tax reform bill has eliminated this deduction, and spousal support will now be treated the same as child support. This means that the paying spouse will not be able to deduct the amount of maintenance payments from his or her taxable income, and the payments will not be taxable for the payee. This change will apply to divorces which are commenced after December 31, 2018.

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 Posted on January 03, 2018 in Divorce

Substance abuse and addiction problems have touched most people’s lives one way or another. According to the National Survey on Drug Use and Health, 21.5 million teens and adults fought a substance use disorder in the United States in 2014. If you have ever been close to someone struggling with an addiction to drugs or alcohol, you know that the addiction can become all-consuming. Addicts can end up losing their jobs, resort to criminal activity, and be estranged from those who love them. Others with addiction issues seek professional help and are able to overcome the dependence. If you are married to someone with substance abuse issues, you know the toll those issues can take on the family.

Sometimes, a person who is addicted to drugs or alcohol becomes a danger to themselves or those in his or her household. How much should a spouse tolerate before they end the marriage? Every relationship is different and only the people in it know what is right for them. However, if you are married to an addict, there are a few things worth keeping in mind.

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 Posted on December 29, 2017 in Divorce

Every year, the divorce rate spikes in the month of January. This may be because divorcing parents want to keep their family together for one last holiday season before dissolving their marriage, or because the stress of the holidays pushed an unhappy marriage past the breaking point. But whatever the reason, the new year offers many people an opportunity to end a relationship that is not working and move on to a new stage of their life.

If you are considering divorce, have begun the divorce process, or are close to finalizing your divorce, here are a few resolutions you may want to consider making in the new year:

1. Get your finances in order - Divorce can cause a great deal of financial upheaval, and it is easy to lose track of your financial situation as attorney’s fees, moving expenses, and other costs pile up. As you adjust to a new living situation and surviving on a single income, the new year offers the chance to take stock of your income and expenses and prepare for how to maintain financial security after your divorce.

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 Posted on December 29, 2017 in Wills and Trusts

Most people are vaguely familiar with the concept of a last will and testament. However, there are actually many different documents that individuals use to distribute their assets and property upon their death. Wills and trusts sometimes get lumped together, but they serve different purposes. You may choose to use one, both, or neither based on your own personal circumstances and wishes.

A will is a document in which a person-the grantor-dictates what they want to happen to their property after they have passed away. He or she designates beneficiaries who then receive the assets and property upon the grantor’s death. A trust, by comparison, is a legal arrangement which allows a third party, called the trustee, to hold assets on behalf of a beneficiary or beneficiaries.

One significant difference between a will and a trust is that a will goes into effect only after the person who authored it, passes away whereas a trust can be effective immediately. Also, a will can only govern the distribution of property owned in the testator's sole name. Assets that pass directly to a beneficiary by contract or law, such as life insurance policies or joint tenancies with rights of survivorship, cannot be addressed by a will. Trusts, on the other hand, can manage and distribute any property the grantor chooses. Trusts can include life insurance policies and tenancy-in-common interests.

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