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.

  Continue Reading ››

 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.

Continue Reading ››

 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?

Continue Reading ››

 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:

Continue Reading ››

 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?

Continue Reading ››

 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?

Continue Reading ››

 Posted on May 16, 2022 in Divorce

When you decide to hire a mediator to help you negotiate your Illinois divorce, there are many things you should look for. Experience, education and training, reasonable rates, and professional development are all important. But equally important is the ability to trust that your mediator is truly neutral and invested in helping you negotiate a fair divorce decree. You will discuss sensitive personal issues with your mediator and spend many hours with them, so it is important to choose someone trustworthy.

However, even after the most careful selection process, it may become apparent that your mediator has a conflict of interest that prevents him or her from being truly neutral in your case. If you are worried that your divorce mediator may have a conflict of interest, read on.

What Counts as a Conflict of Interest?

Mediators are the party primarily responsible for determining whether there is a conflict of interest that would prevent them from mediating a given case. But spouses, as well as their attorneys, need to be aware and on the lookout for conflicts as well. Potential conflicts of interest include anything that could limit the ability of a mediator to be completely impartial, including but not limited to:

Continue Reading ››

 Posted on May 15, 2022 in Estate Planning

When you are grieving the loss of a family member, the last thing you want to deal with is a problem regarding their estate plan. Even when estate administration goes smoothly, it can be emotionally difficult for the surviving loved ones. Unfortunately, sometimes concerns over a will’s validity do arise. Family members may get a rather unpleasant surprise when they get around to reading their decedent’s will in some cases. Sometimes the terms of the will are much different from what you expected to find. It could be that the will leaves everything to an individual or organization the family is not familiar with. Or, it could be that the will appears to have been signed well after the decedent became incapacitated. Whatever tips you off that your family member’s will is not valid, there are ways an attorney can help you challenge the will and potentially have it set aside.

What Are Some Signs that My Relative’s Will is Not Valid?

Continue Reading ››

 Posted on May 09, 2022 in Divorce

One of the reasons Illinois couples in unhappy marriages often put off getting divorced is because of the fear of a high-conflict courtroom trial. While divorce trials have rightfully earned a reputation for being expensive, unpleasant, and dramatic, the truth is that very few divorces actually end up in trial anymore. Instead, couples are encouraged or sometimes even mandated to pursue mediation and work out their differences through conversation and compromise with the help of a neutral third party. However, mediation is not always successful and sometimes other factors, such as domestic abuse, can make a trial necessary.

Divorce Trials in Illinois Family Court

Trials are hard on divorcing spouses, but they are particularly difficult for children. They also take up important time and resources from county courthouses that are often overworked and have long waiting times for trial dates. For these reasons, judges usually want to see couples exhaust other options before bringing a divorce case to trial.

Continue Reading ››

 Posted on April 29, 2022 in Estate Planning

You have probably seen at least one murder mystery movie where a wealthy individual is killed for their money, typically by an heir. It is a fairly common trope for impatient heirs to take matters into their own hands in order to get their share of a high-value estate faster. Sadly, this trope does sometimes play out in real life. You may have seen one of many true crime shows feature a terrifying episode where a person marries a wealthy individual, intending to murder their spouse and claim the entire marital estate. Certainly, few would want their killer to inherit anything at all. This is where "slayer statutes" come into play. In general, these laws prevent murderers from inheriting any part of their victim’s estate.

What if the Killer Does Not Get Convicted?

If the alleged slayer does get convicted of the murder, this establishes conclusive evidence that they are barred from inheriting. However, it is not necessary. To convict a person of a crime, the state must prove "beyond reasonable doubt" that the defendant committed the crime. However, to activate the slayer statute and bar the killer from inheriting, one need only show that it was more likely than not that the murder occurred as alleged.

Continue Reading ››