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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 Posted on November 30, 2017 in Divorce

For many couples, maintaining a good relationship throughout their marriage requires a great deal of hard work. A variety of factors can affect whether a couple is likely to divorce, including the stress of raising children. A recent study looked at the data surrounding marriages, children’s births, and divorces and found some interesting results.

Daughters Increase the Risk of Divorce

Various studies have shown that parents in the United States whose oldest children are female are slightly more likely to divorce. A recent study found that this is true in other countries as well by examining data from more than two million marriages in the Netherlands over 10 years. According to researchers, divorce is equally likely for parents of boys and girls until children are 12 years old. However, when children are between the ages of 13 and 18, parents are more likely to divorce if their first-born child is a girl.

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 Posted on November 29, 2017 in Estate Planning

The reading of a deceased person’s will is often portrayed in movies and on television as a highly dramatic event. Usually, some conflict, plot point, or comic relief revolves around heirs being surprised about what they will be receiving as an inheritance. In some cases, the scene is meant to draw attention to someone being left out of the will. In real life, things are rarely so theatrical, though the feeling of being neglected or left out of a loved one’s will can be quite unpleasant and possibly offensive. Depending on the situation, such a person may wish to contest the will-especially if he or she believes that he or she was excluded by mistake or due to fraud of some kind.

Grounds of a Will Contest

If a loved one’s will left you with less of inheritance that you expected or none at all, contesting the will could be an option, but doing so is not likely to be easy. First, you must understand that a will contest must be based on legitimate grounds. A decision that you do not agree with is not enough. For a will contest to be successful, you will need to show that:

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