Posted on June 27, 2022 in Divorce

Even in the most amicable divorces, the divorce process is not easy and it is normal to feel overwhelmed with emotions when the divorce is over. You may feel grief and relief at the same time, as well as periods when you vacillate between self-doubt and confidence that you made the right decision. Feeling and expressing these feelings is normal and healthy, but sometimes people get stuck in their grief and cannot process it in a healthy way. If you have recently gotten divorced or are considering divorce in Illinois, here are some tips to help you recover from the grieving period.

What is Divorce Grief?

People are often ashamed to admit how much grief they feel after a divorce, especially if they initiated the divorce proceedings. But divorce is a tremendous loss in many ways - your identity, your relationship with your children, your community, and even your friends may be lost or dramatically changed. And, of course, your spouse is no longer part of the picture, making the future uncertain. Grief is a natural process that allows us to work through our feelings of loss and move forward into the next stage of our lives, ideally with some room in our hearts for new experiences.

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 Posted on June 22, 2022 in Asset Division

Because many Illinois couples today get married well after they complete their education and begin building their net worth, many marriages begin when one or both spouses already own property. When one spouse outright owns or has a mortgage on a house and the other spouse moves in, the process of dividing the value of the house in a divorce can be complex and contentious.

The spouse who owns the house will generally argue that, since he or she owned the home prior to the marriage, it is his or her individual property. The spouse who lived in the home, often for many years or even decades, will argue that without his or her financial assistance or help around the house, the home - and the spouse who owns it - would not have the property value or equity ownership it has today. For a brief overview of how individually owned property may be handled in a divorce, read this blog and then get your specific questions answered by an experienced Illinois asset division attorney.

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 Posted on June 22, 2022 in Estate Planning

As a parent, you probably do not even want to think about what would happen if you were to pass away before they become adults. It can be a very upsetting idea. However, addressing the possibility head-on by making an estate plan that includes your children is the best way to set your mind at ease. People are waiting longer to have or adopt children, and it is fairly common for men to have children later in life. While all parents of minor children should have an estate plan aimed at providing for the children, it is particularly important for older parents. By creating a comprehensive estate plan, you can help ensure that if the worst were to happen, your children would be provided for. When protecting minor children in your estate plan is your main goal, it is important to work with an attorney so that you can be confident in your plan.

Tips for Protecting Your Children in an Estate Plan

Since you cannot leave everything directly to your minor children, there will be some strategizing involved in your estate planning. Some tips and things to consider include:

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 Posted on June 21, 2022 in Divorce

When Bill and Melinda Gates announced their intention to divorce, many people who hardly knew a thing about the couple besides their tremendous technological and philanthropic achievements were stunned. Despite the well-known statistics, people simply do not expect couples who are married for so long to get divorced. But many couples do divorce after spending two, three, and even four decades together. Experts say that changing social norms around why people stay in marriages and what reasons are acceptable for getting divorced have contributed to higher rates of divorce later in life. Here are five of the most common reasons couples get divorced after long-term marriages in Illinois.

Money

Many couples fight constantly about money. Because behaviors around money usually have more to do with innate character traits, conflicts around money are not easily resolved and tend to continue over time. When a couple has been married for decades, retires, and has the financial stability to separate from their partner, they may find that disagreements over money are simply too stressful to overcome any longer.

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 Posted on June 09, 2022 in Divorce

Once you know you are going to get divorced, planning for the future is only natural. Scheduling activities with your kids, deciding how to divide your personal belongings, and finding a new residence can all begin happening well before an Illinois divorce is finalized. But what happens if one parent moves out of the marital home and does not want to rent? Is it possible to purchase a home before a divorce is finalized so you can make the transition to life after divorce as easy as possible? Read on to find out.

Is it Legal to Buy a New House Before Divorce?

There is no law against buying a second home under your own name while you are still married. However, there are several reasons why doing so may not be a good idea. These include, but are not limited to:

• Dissipation claims - Using marital funds for reasons that do not benefit the marriage can expose you to asset dissipation claims. Even if such a claim is untrue, it can be expensive and time-consuming to argue that you did not dissipate marital assets when buying your home.

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 Posted on June 01, 2022 in Divorce

Most people choose a person to marry in the belief that they will remain partners for life. But as we grow, we realize things about ourselves we did not know when we got married, which can make someone who was a good fit when we were younger far less of a good fit as time goes on. In addition, people and circumstances change, and many married people somewhat unexpectedly find themselves in another, much happier relationship before their Illinois divorce is finalized or even initiated.

While only you can decide the right course for your life, both in terms of whether seeking a new partner or a divorce is right for you, it is important to know that having a new partner can potentially impact the divorce process. If you are anticipating divorce and already have a new partner, read on to learn three things you should be aware of.

You May Not Receive Alimony

Alimony, known in Illinois as “spousal maintenance,” is only available to divorced spouses who need time to get on their feet financially after the marriage ends. If a divorcee moves in with a new partner right away, alimony payments are terminated or may never even be a possibility.

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 Posted on May 31, 2022 in Divorce

One of the hardest parts of getting divorced in Illinois is dividing marital property. Because Illinois divorce law requires marital assets to be divided fairly, rather than equally, there can be some question about what a fair division looks like. This is especially true when one or both spouses are high earners and share a high net worth. To avoid heavy financial losses in a divorce, some spouses try to hide assets to protect them from division.

There are many ways to hide assets and, once hidden, they can be very difficult to track down. In addition to hiding assets, spouses may also try to lay claim to private property by saying it is marital property. If you are getting divorced and are concerned that your spouse is hiding or manipulating assets, get help from an experienced divorce attorney who can recommend financial professionals who may be able to help.

How Does Asset Tracing Work?

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 Posted on May 27, 2022 in Estate Planning

Quite a few people think that making a simple will is all they need to do to check "estate planning" off their to-do list. However, there is a lot more to a complete estate plan than a will. A strong estate plan should involve multiple documents for different purposes. Your estate plan should also include provisions for your own care in the event that you experience incapacity in your advanced age. Aside from that, a will alone cannot accomplish what your beneficiaries may need after you are gone. In most cases, a trust should be used to protect those you wish to benefit from your estate. Online do-it-yourself kits rarely contain everything you actually need in your estate plan. Your best bet is to work with an experienced estate planning lawyer to ensure that your estate plan is complete and comprehensive.

What Do I Need to Know About Building a Comprehensive Estate Plan?

Do not be intimidated by the list of documents you might need. An attorney can guide you through the decisions you will be asked to make as you build a strong estate plan. Keep in mind that you should:

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 Posted on May 24, 2022 in Divorce

While much has been written about going through a divorce with a spouse who suffers from narcissism, depression, or even psychopathy, borderline personality disorder (or BPD) is so common and unpredictable that many people who get divorced do not even know that their spouse suffers from a specific mental illness - they just know they cannot take it anymore.

Between one and five percent of the population has BPD and, for unknown reasons, most of them appear to be women. BPD often manifests with symptoms that are similar to those of other personality disorders - unpredictable mood changes, attachment difficulties, impulsiveness, and other difficulties with self-regulation. These behaviors can make it difficult to stay married, but can also make it very difficult to get divorced. If you know or suspect your spouse may have BPD, it is important to be prepared for the implications this may have on your Illinois divorce.

Why Is Divorcing Someone with Borderline Personality Disorder So Hard?

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 Posted on May 23, 2022 in Family Law

Many would-be parents face a difficult uphill struggle when trying to create the family of their dreams. Thanks to modern technology, many options are available to help those who cannot conceive on their own, and the method you choose will depend on your preferences, your budget, your health, and many other factors.

One method that proves effective for many people is using a surrogate mother who carries a baby on their behalf. There is more than one type of surrogacy and many different agencies are available to help. However, the process can be legally complex and it is important to make sure you have an experienced Illinois attorney who can help you create an airtight surrogacy agreement. For answers to common questions about surrogacy in Illinois, read on - then contact one of the skilled family law attorneys with A. Traub & Associates.

What Are the Different Types of Surrogacy?

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