Recent Blog Posts
Legal Alternatives to Assuming Guardianship of a Disabled Adult in Illinois
Taking care of a disabled adult, or helping them care for themselves, can be one of the most stressful and difficult ordeals a person and family can go through. In many cases, families consider assuming legal guardianship to make things easier. However, this is often the most restrictive alternative available to the disabled person. There are many alternatives to assuming guardianship in Illinois available under the law.
According to the Illinois Guardianship and Advocacy Commission, it is important to explore the alternatives to guardianship before making a decision. After all, guardianship often means having the family’s private affairs examined publicly in court, and inviting court supervision for the future. Whenever possible, the situation should first be discussed with a team of professionals, including medical staff, social workers, caretakers, and an experienced attorney as well as family and friends.
A Post Marital Agreement Could Save Your Marriage
Sometimes, the communication in a relationship can break down. Financial concerns are often the source behind this communication breakdown. Unfortunately, this tends to be a self-reinforcing problem. The more concerned each person is, the more uncomfortable the subject becomes, and the less a couple communicates. Fortunately, there is a way to open the lines of communication and clear the air: a post-marital agreement.
According to a recent article in the Huffington Post, a post marital agreement has many advantages. Not only can it help open the lines of communication when it comes to your finances; it also helps to let each person know what their responsibilities and obligations are as far as the couple’s finances go.
Marriage is an economic partnership as much as it is an emotional one. Knowing what each person expects from the other as far as finances go can ease much of the tension that can occur in the relationship.
The Quiet Addiction: When a Divorce Attorney may be your Ace in the Hole
According to the Centers for Disease Control and Prevention (CDC), the divorce rate is improving slightly. Only 40 percent of all today’s American couples will seek a divorce attorney rather than 50 percent in the 1980s.
So why is so difficult for Americans to hold it together? It could be one of these five reasons:
- Friend or family issues;
- Sexual dissatisfaction;
- Addiction problems;
- Financial woes;
- The breakdown of communication.
Compulsive gambling can be as devastating to a marriage as alcoholism or infidelity. The Diagnostic and Statistical Manual of Mental Disorders (DSM) defines compulsive gambling as an impulse control disorder. For any family dealing with a family member afflicted by any addiction, daily life can be a struggle. The National Council on Problem Gambling reports that divorce rates among compulsive gamblers are more than double those who only gamble on occasion. If you suspect that your spouse is battling a gambling addiction, review these warning signs and either suggest that your loved one reach out for professional assistance or contact an experienced divorce attorney: Employment Issues Most pathological gamblers experience problems not only maintaining a job, but with theft on the job. Does your spouse experience lulls in full-time, sustainable employment? Have there been issues of work-related theft or repayment of loans to co-workers? White-Collar Crime More than half of proclaimed professional gamblers have admitted to forgery, identity theft, tax evasion and fraud. If you and your spouse are dealing with an IRS audit or fielding general questions from a local authority, this may be a tip as to the severity of the problem. Financial Folly Does your spouse mention bankruptcy as a means to solve financial problems? Have you started hiding the checkbook, credit cards or cash? Depression Statistically three-fourths of all problem gamblers suffer from depression. Have you noticed a change in your spouse's mood? Have you spent time worrying about the mental health of your spouse? Do he or she only express happiness when they had a good day at the track? Domestic Violence As with all marriages, living with an addiction can be devastating. Verbal and physical abuse often increases by 50 percent in a home where gambling is a family secret. Have you noticed an increase in physical or verbal abuse from your spouse? Family Facts The impact on your kids can also be damaging. Have you noticed a change in how your spouse relates to them?Is he or she have a short-fuse or have occasional bursts of anger? Take note, children influenced by a person addicted to gambling may also roll the dice later in life. Suicide If you think suicide is a possibility, it may be time to reach out for professional help. The National Council on Problem Gambling reports that 20 percent of problem gamblers have attempted suicide. Divorce Addiction can take it toll on your marriage. If you feel that your spouse would be open to seeking professional help, discuss it openly, bring the family secret to the forefront and fight. If you're considering divorce, contacting an experienced family law attorney may be your best bet. You have been dealt a difficult hand. By placing a call to A. Traub & Associates at 630-426-0196 our dedicated team of experienced divorce attorneys will listen to your issues, keep you informed and work diligently to bring the matter to as swift a resolution as possible. We are here to help you beat the odds.
Common Predictors of Divorce
Every couple hopes that their marriage will last forever. Unfortunately, many couples in their first marriages end up filing for divorce before they reach their five year anniversary. While considering divorce as an option can be incredibly painful, according to the American Psychological Association, there are several factors that can help couples recognize common situations that may signal a divorce.
Unsurprisingly, financial difficulties represent one of the main factors that may indicate a divorce is on the way. The chronic stress that is represented by financial difficulties can cause communication between partners to take a negative turn, making couples more prone to marital dissatisfaction. This is particularly true of low-income couples who do not have a lot of social support from extended family or their community.
Interestingly, another predictor of divorce may be feelings of cold feet before the wedding. A study conducted by researchers at UCLA has shown that women who report premarital anxiety (commonly referred to as "cold feet") before their wedding are more than twice as likely to be divorced four years later. Furthermore, couples whose marital dissatisfaction increased through the first four years of marriage were those who seemed somewhat dissatisfied and unsure of their choice to get married in the first place.
The Divorce Season: January through March
If the holidays have left your relationship feeling strained, and you find yourself considering your options, even has named January as "Divorce Month."
According to statistics, the number of couples who file for divorce tends to spike after New Year’s Day, gradually increasing through the spring until reaching a peak in March. According to psychiatrist Mark Banschick, this is because the start of the new year represents a time of introspection and self-evaluation, where people often examine their lives and relationships. It also represents a time of change for many, and many couples choose to begin thinking of changing their relationship status at this time.
Still, many couples prefer to wait until after Valentine’s Day to actually file. This may because they hope the day of romance will provide a ray of hope for their relationship, or because it takes time to secure all of the necessary funding and paperwork that will be necessary during a divorce proceeding. There also seems to be a general desire to wait until the holiday season is over, so as not to appear heartless by filing for a divorce right before Christmas. Other couples prefer to wait for a time when children of the relationship are settled back into a school routine before filing in the hopes that it will make the transition a bit easier.
Marital Myths: Breaking Traditional Marital Laws to Ensure Everyday is Valentine’s Day
With Valentine's Day quickly approaching, perhaps the best present you can give your spouse is permission to break the top ten traditional marriage laws handed down from generation to generation - many of which our grandmothers whispered to us right before heading down the aisle!
- Never Go to Bed Angry – possibly derived from the bible and grandma's favorite. Nonsense- you are both tired, get some sleep and discuss it later.
- Honesty is the Best Policy – not true. Consider your partner's feelings and realize that he or she does not need to know every detail of your previous life.
Along for the Ride: Illinois Attorneys Helping Clients Navigate the Emotional Divorce Roller Coaster
Divorce could be briefly defined as the legal technicality that changes your marital status on your Federal 1040 form, but aside from the legalities involved, divorce is also an emotional process that will need attention and further defined as to how you plan to handle it.
- Denial
- Nope, this isn't happening to us! My marriage is on track! We can fix this!
Adopting From Illinois DCFS
In the past 10 years, the Illinois Department of Child and Family Services (DCFS) has helped more than 17,000 children find permanent homes. Adopting a child through DCFS comes with its own special benefits and challenges.
DCFS recognizes the challenges associated with adopting a child who is currently living in foster care or group homes. To make the process as easy and smooth as possible for potential adoptive families, DCFS offers a number of different support options for potential adoptive families, including:
- Reimbursement for the costs associated with adopting or assuming guardianship of a child from DCFS, including court costs and attorney’s fees;
- Monthly adoption subsides to help support the child’s basic needs such as food and clothing;
- Supplemental assistance for healthcare needs through Medicaid enrollment;
Is Your Spouse Hiding Assets?
If you and your spouse have discussed the possibility of divorce or you perceive that separation is imminent, it may be a good idea to pay attention to your marital financial portfolio. In some relationships, one spouse manages financial matters for the family, but the other spouse should stay well-informed about marital assets and debts.
Under the Illinois Marriage and Dissolution of Marriage Act, an equitable split of marital assets is required in a divorce. Equitable refers to dividing marital property fairly and looking at several factors such as contributions, marital agreements, economic conditions, and marriage duration. When one spouse hides assets, an equitable solution is harder to obtain, but entirely possible when working with a knowledgeable divorce firm.
Five Red Flags for Hidden Marital Assets
Three Terms to Know in an Illinois Divorce
Sometimes people use acronyms to shorten a phrase or term. The following terms are commonly used in matters of divorce, especially when there are children involved. When you do not understand certain terms, ask your attorney. Knowledgeable divorce attorneys take time to explain each aspect of the process and properly prepare you for the road ahead.
What is a TRO?
A temporary restraining order (TRO) temporarily halts a specific type of activity. In a divorce, it is sometimes used to keep a party from selling off, donating or transferring ownership of marital property. Such orders are requested to handle emergent situations such as:
- Child custody
- Visitation
- Removal
- Maintenance (alimony)
- Access to a residence
A TRO can be extremely useful in obtaining short-term relief for potentially long-term issues.
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