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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 Posted on November 27, 2017 in Child Custody

Many have said that being a parent is the hardest job in the world. It is nearly impossible to know how to respond to every challenge parenthood throws at you-especially when you are co-parenting your children with an ex-spouse. You may be unsure of how to work with your former partner in creating the best life possible for your children.

Problems at school present a variety of issues for many parents. Some children go through phases where they are getting in trouble or letting their grades drop, How should divorced parents deal with school issues such as these? There is unfortunately no owner’s manual for children and no one-size-fits-all way to raise them. However, following a few simple pieces of advice can help you and your ex-spouse come together to do what is best for your children.

Be Honest and Transparent With the Other Parent

Even if you are the primary guardian of the child, it is best to notify the other parent of school problems as soon as they arise. This helps both parents be on the same page and allows the other parent to hold the child accountable for his or her actions. Of course, if the other parent has a history of abuse or does not have any legal custody of the child, it may be best not to involve them.

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 Posted on November 24, 2017 in Estate Planning

When someone asks you to be the executor of their last will and testament, you may feel both honored and also overwhelmed. What exactly does an executor do? Who can be an executor? Being an executor of someone’s will is a huge responsibility, but with some research and help, most are able to take on the challenge.

An Important Role

The overall job of an executor is to make sure a person's last wishes are granted with regards to the disposition of their property and possessions. He or she is responsible for paying the deceased's debts and creditors, and distributing any remaining money or property according to the deceased’s wishes. The law does not require an executor to be a lawyer or financial expert, however, it does require than an executor fulfill their duties with honesty and diligence. This responsibility is called "fiduciary duty," which means that the executor must act in good faith and in the best interests of the deceased person’s estate.

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 Posted on November 23, 2017 in Divorce

When parents decide to end their marriage in divorce, the split can be difficult for everyone involved. During divorce, children often struggle to come to terms with the end of their parents’ relationship and adjust to living in two different households.

While divorcing parents are often focused on resolving legal issues and determining what their life will look like post-divorce, they should also be sure they understand how their children will be affected.

Divorce’s Effects and Children’s Age

Children’s age when their parents break up is one of the key factors that determine how they deal with the divorce. Parents should be aware of how children are affected by divorce at the following ages:

• Babies and toddlers - When children are under the age of three, their cognitive abilities are still developing. Divorce when children are this age will mostly have the effect of disrupting their lives and routines, and they will struggle to understand why a parent is not present. These children may experience developmental delay or regression, increased irritability, and difficulty sleeping.

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 Posted on November 17, 2017 in Divorce

Divorce can touch the lives of people of any race, gender, income level, or age. Some marriages that seemed doomed to failure from the beginning end up flourishing while other marriages that seemed like perfect matches end up dissolving. Researchers have known for years now that there are certain demographics of people who are statistically more likely to get divorced than others. For example, those who marry very young or wait until their late 30s or longer to marry are more likely to get divorced than those who get married in their 20s. It is also fairly well-known that women are more likely to initiate divorce than men are. For non-married couples, however, men and women are equally likely to end the relationship.

Women More Likely Than Men to Be Unhappy in Their Marriage

A survey conducted by the American Sociological Association found that in heterosexual couples, women start the divorce process or first seek a divorce 70 percent of the time. The study’s lead author, Michael Rosenfeld, theorizes that women may be more likely to initiate divorces because they are more likely to be dissatisfied with the quality of the relationship than men are. Rosenfeld said that these results support the idea that some women experience heterosexual marriage as oppressive or unfulfilling. He explains further, “I think that marriage as an institution has been a little bit slow to catch up with expectations for gender equality. Wives still take their husbands’ surnames…husbands still expect their wives to do the bulk of the housework and the bulk of the childcare.”

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 Posted on November 17, 2017 in Divorce

The process of divorce can be difficult and contentious, especially when spouses disagree about how to divide assets and debts and/or allocate parental responsibility. While a lot of attention is paid to issues like the best interests of the children of divorcing parents and what is considered marital property, one issue that sometimes gets overlooked during divorce is what to do with family pets.

While cats, dogs, and other animals are not human, many people consider them to be part of the family, and treating them like another piece of property to divide often does not seem right.

Illinois law was recently updated to reflect these attitudes, and some additional considerations are now given to pets when determining their ownership during divorce.

Updated Illinois Divorce Laws

In August of 2017, Governor Bruce Rauner signed a new law which updates the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to add language about allocating ownership and responsibility of “companion animals,” which are otherwise known as pets. While pets are still considered marital assets, the law states that when courts make decisions about the sole or joint ownership of pets, they should consider the pets’ well-being.

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 Posted on November 14, 2017 in Estate Planning

The Illinois Living Will Act states that every citizen has the basic right to control decisions about his or her health care. Unfortunately, however, there may come a point in a person’s life where he or she is not able to make such decisions on the spot. Advance medical directives, including living wills, can be used to document a person’s wishes regarding certain types of medical care in certain situations, removing the burden of making such decisions from family members and loved ones.

Those who advocate for living wills say that such instruments are crucial in protecting a patient’s rights. Living wills, in particular, address which types of death-delaying procedures the patient wishes to receive-or not receive-if he or she is ever diagnosed with a terminal condition and is unable to communicate his or her wishes at the time. A terminal condition is one that is incurable and will ultimately result in the patient’s death. Death delaying procedures are defined as treatments that will only serve to postpone the moment of death and commonly include:

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 Posted on November 11, 2017 in Divorce

Married couples get divorced for an endless variety of reasons. For some, infidelity may an issue while financial stresses drive others apart. Of course, there are often many factors that play into a couple’s decision to end their marriage, and researchers are always trying to identify trends that could help married couples recognize possible red flags. According to several recent studies, however, a first-born daughter could be one of the potential warning signs.

Australian Team Studies Dutch Families

Dr. Jan Kabatek and Dr. David Rebar, faculty members at the University of Melbourne, conducted one such study. The pair examined more than two million marriages in the Netherlands over the course of 10 years. They chose the Netherlands because Dutch marriage and family records are very comprehensive and provide exact dates of marriages, divorces, and births. Other, similar studies have been based on participant’s responses to surveys-which rely on memory and recollection as opposed to objective data.

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 Posted on November 10, 2017 in Divorce

While some people see the end of their marriage approaching, others find that divorce is unexpected. But whether they are ready to divorce or not, people will often be blindsided by the legal complexities and financial costs of dissolving their marriage.

Divorce can be expensive and difficult, but one way to make the process easier is through mediation. If couples are able to work together with a trained mediator to resolve the issues in their divorce, they can complete the process much more quickly and efficiently.

Consider the following four benefits of divorce mediation:

1. Cost - A traditionally litigated divorce can be very expensive, with each spouse paying their lawyer to prepare documents, send communications, discuss issues, and attend court. During mediation, spouses will usually split the mediator’s fees, and even if they spend multiple sessions working out an agreement, the total cost can be 40-60 percent less than a traditional divorce.

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