Posted on September 26, 2018 in Divorce

When a married couple decides to get a divorce, their assets will be divided between them. In Illinois, this can be done between the two parties out of court, but if an agreement cannot be reached, then the court steps in with a system called equitable distribution. This system intends to divide properly fairly, but it does not mean that all assets are divided equally. Some of the factors used to determine how to divide marital property include:

• The distribution of wealth
• The length of the marriage
• The couple’s standard of living
• Future parental responsibility 
• The health, income, and age of the individuals 

With these factors, it is still important to take action before your divorce to protect yourself financially, because the outcomes of these decisions are often uncertain. 

Know Your Finances

Before the divorce process begins, it will help to learn as much as you can about your personal finances. Begin tracking how much you earn, how much you spend, and any future expenses. Start creating a budget focused around necessities such as food, shelter, and medical care for yourself and your children. Use previous statements, bank records, and records of expenses to plan for the future. All of this information will not only help you, but it can be used to demonstrate your financial needs to the court when dividing marital property. 

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 Posted on September 19, 2018 in Family Law

Establishing paternity benefits a child by giving him or her the right to receive support from and have a relationship with both parents. However, it is important for parents to understand how Illinois law defines and determines paternity.

What Is Paternity?

Paternity is the identity of a child’s legal father. This is established through the marital status of the parents, a Voluntary Acknowledgement of Paternity, a court-ordered DNA test, or adoption. If a woman is married or in a civil union within 300 days before the birth of the child, then her partner is presumed to be the child’s legal father. 

When paternity is established for a child, it gives him or her certain legal benefits based on their legal relationship with both parents, including:

• Inheritance rights
• Social Security benefits 
• Health and life insurance benefits

After establishing paternity, a child support case may be opened to ensure that the child receives financial support that will meet their daily needs. Paternity proceedings may also provide a father with the right to visitation, or parenting time, unless the court orders otherwise. 

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 Posted on September 12, 2018 in Divorce

It is normal for relationships to change, but it is when they change too much that couples may consider getting a divorce. Not all married couples decide to have children, but if they do, a divorce can become much more complicated. You may be able to resolve the various legal issues that must be addressed during divorce, but when it comes to the relationship with your ex, that is up to you. It is, however, in the best interests of your children to remain civil with each other while raising them together. 

Positive Relationships in Sole or Joint Custody Situations

Following divorce, parents may have joint custody of their children, or one parent may have sole custody. With sole custody, one parent is granted primary responsibility of the child, and the other has visitation rights (known as parenting time in Illinois). With joint custody, both parents share decision-making responsibility when raising their children. 

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 Posted on September 05, 2018 in Divorce

Getting a divorce is rarely an easy process, and it is further complicated when children are involved. A divorce with children brings up the topics of child custody (allocation of parental responsibilities), visitation (parenting time), and child support. By choosing the right attorney, you can alleviate the stress of planning your upcoming divorce while ensuring that your rights are protected as you and your ex-spouse plan for how to continue to raise your children together after the end of your marriage.

No matter the feelings between the parents, it is important to talk with children and discuss what divorce entails for your family. Depending on their emotional maturity, older children may have an easier time understanding divorce, but younger children often struggle to understand and adjust to the changes in their lives. Here are some guidelines for discussing divorce with children who are six years old or younger: 

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 Posted on August 27, 2018 in Divorce

“What did you do this summer?” This question is often asked when children go back to school, but for some children, summer was not all pool parties and playgrounds. For a child whose parents got a divorce over the summer, this question can be intimidating and stressful. A child who has divorced parents can exhibit certain behaviors and symptoms in school which can affect their education if not handled properly. The logistics of having a child in school can be complicated for any family, and a family with divorced parents can experience more stress and trouble than others. However, by following these tips, you can help your child’s school year go more smoothly:

1. Determine Who Will Pay for School Supplies

A new school year means new school clothes, shoes, uniforms, backpacks, and lunch boxes--not to mention the long list of school supplies. These costs add up quickly, so you should determine how they will be divided between you and your ex. If you already have a preset arrangement, stick to that. If not, dividing the cost in half is usually a good way to meet your child’s needs without causing conflict.

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 Posted on August 20, 2018 in Adoption/Guardianships

Military life is not always the most stable--those who are in the military or grew up in a military family can attest to that. But now, more adoption agencies and child welfare groups are recognizing that military families are just as capable of providing a loving and welcoming home for children as any other family. Though being in the military does pose unique circumstances, it also means that you may be able to receive certain benefits when adopting a child that are not available to anyone who is not in the armed forces.

Complications With the Adoption Process for Military Families

Military life is unique and brings with it many specific circumstances that other families may not experience or have to deal with, especially when they are going through the adoption process. These include:

• Moving: The family member who is in the military will periodically be reassigned to different military bases, which is called a permanent change of station (PCS). This can be troublesome to families who are in the adoption process, because adoption laws vary from state to state. While it is easier to complete the process while you are in one duty station, it is not impossible to complete an adoption during a move--it just might take a little longer.

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 Posted on August 10, 2018 in Child Custody

Everyone knows that divorce is hard on all of those who are involved - especially the kids. Even if you try to keep them out of the fighting and the negotiations, you may not realize how much your children actually pick up on. They can sense when there is tension between their parents, but they often do not know what to do about it, and this can cause them a great deal of stress. One way that divorced parents may be able to help their children cope with the changes to their lives is by using a unique co-parenting arrangement called “nesting.”

What Is a Nesting Arrangement?

This type of co-parenting agreement occurs when a divorced couple keeps the family home, and the children reside there 100 percent of the time--it is the parents who come and go. A separate living space, such as an apartment, is rented so the parents have somewhere to go when the other parent is at the house with the children. Or, in some cases, each parent will have their own living space to go to. This type of arrangement puts the focus on making the children comfortable with the parents’ divorce and alleviating the stress that children feel when they are constantly hauled back and forth between residences.

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 Posted on August 03, 2018 in Divorce

Breaking up is hard to do, and when you have been married and spent years of your life with another person, ending your relationship can be even harder. Divorce can leave many people with feelings of depression, anxiety, and loneliness, but there are things you can do to help yourself through the transition period after a divorce:

1. Allow Yourself to Grieve

This is probably the most important step to healing after a divorce. While you are not mourning the loss of your spouse’s life, you are mourning the loss of a relationship. Your marriage was a very significant relationship, and ending it will require you to completely reconfigure your life. Even if you were the one who wanted and initiated the divorce, you still should allow yourself time to fully comprehend the changes you are experiencing.

2. Get Professional Help

Often, people find it therapeutic to share their feelings with someone who can help them look at their thoughts in an analytical way. Getting help from a therapist or counselor who is well-versed in family law and divorce can benefit you greatly. Seeing a therapist can help you work through your emotions and begin the healing process.

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 Posted on July 24, 2018 in Divorce

First comes love, then comes marriage, then comes...divorce? When you got married, you might have thought you would live happily ever after, but the truth is, divorce is not uncommon, especially in the United States. Though divorce happens for myriad reasons, and no one couple’s relationship is the same as the next, there are some interesting trends to note in divorce and marriage.

1. Divorce Rates Have Actually Decreased

According to the Centers for Disease Control and Prevention (CDC), marriage rates have actually decreased since 2000, when the rate per 1,000 people was about 8.2. In 2016, the U.S. marriage rate was at 6.9 per 1,000 people. Divorces have also been decreasing steadily since 2000, when the divorce rate was at 4.0 per 1,000 people. In 2016, the U.S. saw one of the lowest divorce rates ever at 3.2 per 1,000 people.

2. Where You Live Could Factor Into How Successful Your Marriage Is

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 Posted on July 17, 2018 in Adoption/Guardianships

For some people, having a child naturally is not in the cards. Many married men and women have trouble conceiving and turn to adoption as a choice for starting a family. Many gay and lesbian couples also choose adoption as a way to grow their family, rather than using other methods, such as a surrogate or donor sperm. However, a bill that is being considered by the U.S. House of Representatives could result in gay and lesbian couples, among other groups, having a more difficult time finding a child to adopt.

Bill Disallows the Federal Government to Discriminate Against Agencies

The 2019 Labor, Health and Human Services, and Education funding bill is in its drafting stages right now, but a recent amendment to the bill, which was passed by the House Appropriations Committee, says that state and local governments cannot discriminate against child welfare service providers based on their religious beliefs or moral convictions. Republican Rep. Robert Aderholt introduced the amendment, which was passed on a vote of 29-23.

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