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Recent Blog Posts

Fear of Being Alone Stalls Divorce

 Posted on December 21, 2013 in Divorce

If you feel as if you are in a bad marriage and cannot seem to escape, you are not the only one. According to a new study published in the Journal of Personality and Social Psychology and as reported by the Huffington Post, "the fear of being single may drive adults to stay in bad relationships or settle for less-than-desirable partners, all because they’d rather have someone than no one." The fear of being alone trumps the need for divorce for these people, and is more a factor in their reluctance to pull the trigger on divorce than morality or societal pressure.

Researchers that contributed to the study first had to determine that fear of loneliness was a commonly shared attribute. "Of the 153 participants in one study, 40 percent said they feared not having a long term companion," reports the Huffington Post. Significantly fewer respondents broke down this fear of being alone into more specific fears—just less than 20 percent reported a fear of spinsterhood, for example. Those who fear being alone, the researchers concluded, very often "prioritize relationship status above relationship quality, settling for less responsive and less attractive partners and remaining in relationships that are less satisfying," according to the Huffington Post.

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Financial Infidelity Can Lead To Divorce

 Posted on December 17, 2013 in Divorce

Infidelity doesn’t only pertain to an act of physical cheating. Emotional affairs have long been a major factor in divorce rates across the country, in which one or both partners embark on an intimate relationship with a person of the opposite sex outside of the marriage, but in which no actual physical infidelity occurs. According to InfidelityFacts.com, 41 percent of people in American marriages admit to having either a physical or emotional affair. Considering that statistics citing physical infidelity are much lower, one can conclude that emotional or non-physical affairs are a component of thousands of American marriages.

According to US News and World Report, however, there’s another type of infidelity: financial infidelity. One of the most important foundations in a marriage, according to US News and World Report, is trust. A significant amount of trust needs to come from both sides in a marriage, especially when it comes to shared finances. Marriages are built around shared goals, and usually married couples have jointly made budgetary decisions. "When you discover that your partner has been making financial moves that undermine that hard work and those goals," reports the US News and World Report, "it can be an incredibly bitter pill to swallow."Financial Infidelity Can Lead To Divorce

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Surviving the Holidays After a Divorce

 Posted on December 13, 2013 in Divorce

The holiday season is full of activity and good cheer as people head out to numerous gatherings with family and friends. For people who have recently divorced, however, this season can lead to feelings of alienation, isolation, and loneliness as they try to cope with the realities of being surrounded by loving couples at parties and gatherings. Others may be strained financially due to the legal costs of the divorce process and feeling stressed about buying gifts.

surviving the holidays after divorceIt does not have to be that way, however. According to Forbes, the stigma that once accompanied divorce has all but disappeared. Almost everyone knows someone who has divorced or is filing for divorce, and most people understand both the feelings of relief and the grief as well as the financial strain that can accompany the life change. Instead of lamenting over your single status this holiday season, consider celebrating this chance to start over instead.

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What Are the Differences Between Adoption, Foster Care, and Guardianship?

 Posted on December 10, 2013 in Child Support

Couples who are hoping to make a difference in the lives of children in Illinois have a number of options available to them through the Illinois Department of Children and Family Services (DCFS). While many people consider adoption before other options, agreeing to foster a child or taking guardianship can also provide an option under Illinois family law. Before choosing, it is important that potential parents understand the difference between these three options.

Illinois foster care, guardianship, adoption lawFoster Care

Agreeing to foster a child can make a huge difference in their life. In this option, families agree to give a temporary home to a child who has been removed from their home due to unsafe conditions. While this option is intended to be temporary, it can have an enormous impact on the child’s life. In some cases, it may not be possible for a child to be returned to their former home. Foster parents may be given the option to adopt the child if this happens.

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Harsh Consequences May Loom for Online Adoption Agencies Soliciting in Illinois

 Posted on December 06, 2013 in Adoption

On October 28, 2013, the state of Illinois, led by Attorney General Lisa Madigan, filed a lawsuit against Adoption Network Law Center based in California. The defendant is an online adoption agency that has broken numerous state laws by advertising and soliciting online adoption customers from the state of Illinois. The attorneys here at Angel Traub and Associates are carefully watching this case in order determine what effects it will have on adoption law in Illinois.

Illinois adoptionState of Illinois v. Adoption Network Law Center

The defendant, Adoption Network Law Center, is a California based online adoption agency and one of the very first websites that comes up in "online adoption" searches in Google. On their website, Adoption Network Law Center promises simple adoptions for a fee. In the State of Illinois' lawsuit it is alleged that Adoption Network Law Center is not certified by the Illinois Department of Children and Family Services (IDCFS) to provide adoption services, and thus is in violation of the Illinois Adoption Reform Act. Preceding the lawsuit, the attorney general sent cease and desist letters to Adoption Network Law Center and similar online adoption websites. Adoption Network Law Center did not stop advertising in Illinois, and as a result the above mention lawsuit was filed.

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New Law Allows Gambling Earnings to Be Taken to Pay Child Support

 Posted on December 03, 2013 in Child Support

Illinois is known throughout the country for being one of the toughest places to recover child support judgments. The difficulties of maneuvering the Illinois court system are legendary, with many parents spending years and countless amounts of money trying to recover back due child support payments with no avail. A new law has been passed though, which provides a viable option for parents to reclaim child support payments. On August 12, 2013, Governor Pat Quinn signed into law a bill that will allow race tracks and casinos to garnish prize money earned at these establishments and allow it to be applied to past due child support payments.

child supportEarlier this year, the state of Illinois reported that over three million dollars of past due child support was owed to local Illinois parents. Illinois is a highly litigious state with an extremely complicated court system that can be daunting to the average citizen. The situation of recovering child support can be even more complicated when the party owing child support is self-employed, a job-hopper and/or resides in a different state. The attempt to recover child support can be an extremely expensive and time consuming process that guarantees no actual payment, even when arrest warrants and judgments are issued against the party owing child support.

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Joint Custody in Illinois

 Posted on November 30, 2013 in Divorce

joint custodyIllinois law directly acknowledges that neither separation nor divorce should affect either party’s parental rights or responsibilities, unless the court finds a good reason to do so.  However, the top priority for family courts in this state is to ensure that custody arrangements are in the best interest of the child or children involved.  In determining the best interest of the child, courts look to many different factors, such as:

  • The wishes of the parents;

  • The wishes of the child;

  • The nature of the child’s relationships with each parent and siblings;

  • The mental and physical health of each parent;

  • The child’s adjustment to new home or school environments;

  • The possible threat of abuse by a parent;

  • The parent’s willingness to encourage the child’s ongoing relationship with the other parent.

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More Grandparents are Raising their Grandchildren

 Posted on November 25, 2013 in Divorce

Everyone had a different experience growing up. Whether you had one parent, two parents, or another legal guardian, your childhood was unique. Recently, there has been a rise in a new kind of family unit, one where grandparents are the primary caregivers of their grandkids.

A new research study by US2010, a project that is reviewing changes in American society, uncovered this news. The ongoing research is managed by sociologist John Logan and funded by Brown University and the Russell Sage Foundation. Their data showed that over 7.5 million children in the United States lived with their grandparents in 2011. That averages to one in every ten children across our nation.

The factors that have lead to this increase over the last 25 years are vast. AARP expert on multi generational and family issues, Amy Goyer, cited the recession as the primary cause. It is mutually beneficial for many generations to share housing costs and other expenses. Grandparents are cheap and easy babysitters that can allow parents to work longer hours and keep a better portion of their paychecks. There are other contributing factors such as:

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Who Keeps Family Pet after a Divorce?

 Posted on November 22, 2013 in Asset Division

People often consider pets to be family members.  That deep affection means that cats and dogs can be sore subjects during divorce cases.  Who should have custody of the family pet when they family has split?  The fact is that legally, pets are often looked at as property when dividing assets during a divorce.  There are certain facts that can be influence the decision of where Fido ends up.

The owner of the pet is often given precedence in any pet custody case.  It is similar to the determination of separate property or marital property.   If the pet was purchased before the marriage, then it may be considered a separate asset not subject to division.  But the initial purchase won’t be the only way to pay for a pet; there are also considerations about who pays for the pet&s food and medical expenses.

The other way that custody is decided is based on who provides care for the animal, much like when determining child custody.  That could mean that the person who takes the animal to the vet or the person who takes the animal for walks can have an easier time claiming pet custody.  Another way to show who the primary caregiver of a pet is who cares for the animal during the split.

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Choosing a Guardian for Your Children

 Posted on November 18, 2013 in Guardianships

The idea of both you and your spouse dying before your young children become adults may seem unfathomable.  Every day, however, illness or accidents leave children without a parent.  If you have not chosen a guardian, the courts would determine guardianship.  The courts may not choose the person you would have chosen.  Do not risk this scenario.  Using guidelines and proper legal counsel can make the decision easier.

Who Do I Choose?

Choosing a family member may seem like the natural choice but it may not always be the right choice. You should weigh the suitability of your family members as you would any potential guardian.  Here are some things to consider when determining a potential guardian:

  • Do they share your religious beliefs?  If not, would they be willing to support the religious choice you have made for your children?

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