Posted on December 27, 2017 in Divorce

January is often a popular time for couples to separate or divorce because many people wait until after the holidays to start the process of splitting up. If you are considering divorcing your spouse, or you have already decided to, you probably know you have a long road ahead of you. There is no perfect way to divorce, but following experts’ advice may help save you and your spouse from unnecessary stress and conflict as you end your marriage. In the spirit of New Year’s resolutions, you may wish to:

Resolve to Communicate Better

Communication is one of the most important aspects to any relationship, and it does not become less important when a couple is no longer romantically involved. In order to undo a marriage, both members of it must be willing to talk to the other about the plans moving forward. Understandably, many individuals who are facing the end of their marriage are emotional. They may feel anger toward their spouse because of the hurtful things that happened during the marriage. Others who get divorced feel so upset that they shut down and stop communicating entirely. While these feelings are natural, refusing to cooperate with your spouse will only prolong the painful divorce process. Be willing to “be the bigger person” and work with your spouse, even if you resent him or her. You will be thankful that you did.

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 Posted on December 26, 2017 in Divorce

When a marriage is falling apart, every member of the family will be going through a great deal of emotional turmoil, and during this chaotic time, spouses will often be focused on their legal requirements, their finances, their changing living arrangements, and their own emotional needs. However, divorce can be especially hard on children, and parents should be aware of the potential negative effects that the end of their marriage can have on their children, including:

1. Emotional distress - Children of divorcing parents are likely to experience a great deal of anxiety and stress, especially when they are at a young age. Children often cannot fully understand why their lives are changing, and they may blame themselves for the end of their parents’ marriage. This emotional distress can lead to mood swings, irritability, depression, behavioral problems, and lower academic performance.

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 Posted on December 22, 2017 in Estate Planning

Our society is becoming more accepting of non-traditional families which means that many couples no longer feel pressured to get married before starting a life together. In fact, the number of live-in couples in the U.S. rose 25 percent from 2000 to 2010. If you are in a committed relationship with someone but you are not legally married, you may miss out on some of the legal protections and advantages provided through marriage, particularly those related to inheritances and estate planning. However, with some preparation, it is possible to create an accurate estate plan which reflects your wishes even if you are not married.

Create a Will

An important step for anyone is creating a last will and testament. It is especially crucial for unmarried couples to be deliberate about their wills. In order to ensure that your assets are passed to your significant other when you die, you must specifically name your partner as your beneficiary on all pensions, retirement accounts, and insurance policies. Some retirement accounts have rules against nonfamily beneficiaries, so double check with an estate planning attorney that you are able to legally name your partner on all necessary accounts. You may need to designate your significant other as your power of attorney and sign an advance care directive if you wish him or her to make decisions about health care and finances if you ever become unwell.

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 Posted on December 21, 2017 in Divorce

The holidays can be a stressful time for anyone, but this season is often especially difficult for people who have recently ended a long term relationship. Divorce will require major changes in a person’s life, upending their living situation, their finances, and their relationships with family and friends.

The emotional fallout of these changes and the loneliness that can come with being newly single can make it hard to cope during what is supposed to be a happy time of the year.

If you have recently divorced or are in the process of ending your marriage, these tips can help you get through the holiday season and begin the new year on the right foot:

1. Take some time for yourself - You may not feel up to taking part in holiday parties or gatherings, and it is okay to spend time on your own doing things you enjoy. Spending some quiet time at home while you read a book or watch a favorite movie or TV show is a great way to recharge and prepare for your life after your divorce.

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 Posted on December 19, 2017 in Divorce

Unfaithfulness in a marriage is unfortunately common. In fact, surveys show that one or both spouses admit to cheating in one-third of marriages. Men admit to cheating at an average of 22 percent, while approximately 14 percent of women admit to cheating. As any couple who has dealt with infidelity knows, cheating can take a serious toll on a relationship or marriage. There is no surefire way to predict if a partner will cheat on their significant other, but new research has shed light on the reasons that some people cheat.

Researchers from Texas Tech University and the University of Nevada Reno studied the childhoods of adults that ended up cheating on their significant other. They defined cheating as “concealment of behaviors and the resulting emotional fallout” it causes. The researchers discovered that individuals who had parents who were unfaithful to each other were more likely to cheat on their partner as adults. According to the researchers, social learning theory accounts for this trend. Basically, children whose parents cheated on each other are more likely to cheat as adults. The research team found that people whose parents were unfaithful were more likely to accept the favorability of infidelity. This made them more likely to be unfaithful themselves in future relationships.

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 Posted on December 14, 2017 in Estate Planning

As 2017 comes to a close and we venture into 2018, it is important to make sure your estate plan is still accurate and reflects your current wishes. An up-to-date estate plan will offer peace of mind that your family is taken care of and that your final wishes are fulfilled after you have passed. An estate plan also protects your rights and financial interests while you are still living.

Without an estate plan, a person’s assets are divided according to state laws. This means that a person without a comprehensive estate plan has little say in how their assets are disseminated after they pass away. If you currently have an estate plan in place, the end of the year is a good time to review and modify the plan as needed.

Review Your Current Estate Plan

As you are going over your estate plan, ask yourself the following questions:

• What family changes have taken place this year? If members of your family have gotten married or divorced, had a baby or are expecting to, have moved or experienced big life changes, this can affect your estate plan.

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 Posted on December 13, 2017 in Child Custody

When parents decide to divorce, the ensuing changes to their lives can be highly disruptive and stressful for the entire family. As children adjust to living in two separate households, it is important for both parents to be involved in their lives and provide them with the emotional support they need. Unfortunately, this can be difficult when one parent retains sole or primary custody of children.

Studies Show the Benefits of Equal Parenting Time

For many years, it was assumed that it was in children’s best interests to live primarily with one parent, and that dividing time between two households would cause them stress. However, a number of recent studies have found the opposite to be true. Researchers in Sweden found that children in shared parenting arrangements had less stress, fewer psychological problems, and better physical health than children who lived primarily with one parent.

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 Posted on December 07, 2017 in Divorce

The holiday season can be a magical time, offering chances for families to come together, give gifts, celebrate traditions, and be thankful for everything they have. Unfortunately, this can make the season difficult for parents who have recently experienced divorce, since they will likely be coping with loneliness, struggling with change, and remembering the good times they had with their families in the past.

While the season can be emotionally challenging, divorced parents can make the most of the holidays by following these tips:

1. Understand your parenting plan - Your final divorce decree will include a schedule for parenting time, not just describing which parent children will spend time with on an everyday basis, but specifying how holidays and school vacations will be divided between parents. Knowing what your parenting plan says will help you avoid any conflicts with your ex-spouse with regard to whom children will be spending holiday time.

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 Posted on December 06, 2017 in Estate Planning

One of the greatest things about our country is that we have the freedom to define what family means to us. Some families consist of only one mother or father, others are the classic nuclear family, while still others contain step-parents and stepsiblings, half brothers or sisters, or even adopted members. If you have a large blended family, there are special considerations you should keep in mind when it comes to estate planning.

Remarrying With Children

The number of remarriages has been increasing over the last several decades. In 2013, 40 percent of unions included at least one spouse who had previously been married, and many of these unions involve children. One consideration for large or blended families to think about is how a person’s assets will be distributed in the event that he or she passes away. It is vitally important if you remarry that you change your primary beneficiary from your former spouse as soon as possible. Another common mistake happens when a parent names their new spouse as the primary beneficiary and names their biological children from another marriage as contingent beneficiaries expecting that they will all receive a portion of his or her estate upon death. What instead happens is that the primary beneficiary receives all the assets and becomes free to share or not share them with the children. One possible solution to this is to name multiple primary beneficiaries who each receive a percentage of your estate.

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 Posted on December 05, 2017 in Spousal Support

When a married couple divorces, the court may award spousal support to one of the spouses. Spousal support is sometimes referred to as alimony or spousal maintenance. It refers to payments that one spouse makes to the other in order to help them financially post-divorce. Spousal support can be based on a court decision, a prenuptial agreement or a postnuptial agreement. Maintenance is not always awarded in Illinois. In some cases, both spouses are self-supporting so there is no need for financial assistance. Even if there is a substantial difference in income between the two spouses, courts may account for this difference by awarding more of the marital property to the lower-earning spouse.

Who Gets Spousal Support?

Illinois courts have wide discretion in determining if spousal support will be awarded or not, how much payments will be, and for how long payments will occur. The court must consider the following factors in making decisions about spousal support:

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