Posted on August 31, 2020 in Child Custody

For children of divorce, the coping process often continues long after the divorce is finalized. Their parents’ separation is a major, usually permanent change in their lives, and it is only natural that they may struggle in the months and years that follow. One area that often suffers is the children’s educational goals and performance, but parents can help by showing support and understanding. The following are a few examples of how co-parents can encourage their kids to keep up with their schooling after divorce.

Tips for Helping Your Children With School

A new school year is just beginning, and whether your divorce is recent or a few years in the past, this is likely to be a challenging time for your children. Here are some ways you can help:

• Understand that your children may struggle. After a divorce, a drop in a child’s academic performance is common, as he or she may struggle to stay motivated or focused on schoolwork. Try to avoid putting too much pressure on your kids or getting upset about lower grades, and instead make an effort to ask your children what kind of support they need to succeed.

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 Posted on August 27, 2020 in Wills and Trusts

Trust and estate litigation is a unique area of law, and it usually requires the services of an experienced estate planning attorney. This is because trust and estate litigation does not conform to the model of a typical lawsuit. The issues involved are generally motivated not by the specifics of a trust and how it is set up, but by the emotional content of the family baggage and conflict behind the dispute.

Danger Ahead: Unresolved Family Issues in a Court of Law

The most unique aspect applicable to many cases dealing with trust and estate law is that the clients are usually contending with a situation that is occurring in the context of an unfortunate family tragedy-that is, the death of a loved one. This adds a different dynamic to the needs of the client and how they will be best served by legal representation.

Among the initial concerns in a will or trust dispute are, in many cases, unresolved family dynamics. These unresolved issues (often years or decades in the making) must be addressed under very difficult circumstances, such as when somebody has recently passed away, and in the challenging forum of the courts. The attorney you retain to represent your interests needs to be sensitive to the family issues and be capable of resolving them in such a way that maintains family unity and prevents it from becoming fractured by bitter litigation.

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 Posted on August 27, 2020 in Family Law

Domestic violence is a serious offense, and Illinois law treats it accordingly. One of the worst elements of the COVID-19 pandemic is how stay-at-home restrictions have led to a rise in domestic violence cases. Many people who relied on the flow of everyday life before COVID-19 to help avoid abusers now find themselves in dangerous situations. However, not all domestic abuse claims are true, and you should be prepared to develop a strong defense if you are accused of domestic violence. Whether an accuser does not fully understand the scope of domestic violence law in Illinois or he or she is making false accusations, the outcomes can still be serious. A domestic violence attorney who is well-versed in all aspects of family law will increase your chances of winning your case, so begin working with one as soon as you can.

Worldwide Domestic Violence Rates

Domestic violence rates have risen not just in the United States, but across the globe. For example, at the beginning of the COVID-19 outbreak, domestic violence hotlines in Spain experienced an 18 percent increase in calls. French police reported a 30 percent increase in domestic violence rates in April. The term “Intimate Terrorism” was coined to reflect experts’ observations that during prolonged confinement, abusers are using nearly the same tactics people would use when holding others hostage. Even the divorce proceedings that many victims were relying on to get them out of these dangerous environments were delayed because of the pandemic.

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 Posted on August 24, 2020 in Mediation

Many divorcing couples recognize that although it is no longer the right decision for them to stay married, they both continue to share the goal of providing the best possible life for their children. This desire to co-parent effectively can be a major motivating factor toward pursuing a cooperative divorce, rather than allowing the process to devolve into destructive conflict. If you and your spouse are hoping to work together to establish a parenting plan that works for everyone in your family, divorce mediation may be the right choice for you.

Why Is Divorce Mediation Beneficial?

In divorce mediation, you and your spouse are able to make your own, cooperative decisions regarding the terms of your divorce. A neutral mediator guides the process so that discussions stay on track and both spouses have the opportunity to voice their perspectives. If mediation works for you, you may be able to reach a faster resolution and reduce expenses when compared to a trial, and you are also able to keep your divorce proceedings out of the public eye. Mediation can resolve a variety of issues in your divorce, including the division of property and spousal support, but it can be especially helpful for child custody and visitation.

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 Posted on August 19, 2020 in Estate Planning

In the state of Illinois, couples and life partners currently have more options for how they can legally define their relationship than ever before. Same-sex marriage has been recognized throughout the state since 2014 and across the country since 2015. While some couples may wish to have the legal recognition of marriage, others may not. This may be the case in a variety of relationships, regardless of the partners’ genders. What couples who do not wish to marry must understand is that "common law marriage" is not recognized by the state of Illinois. This distinction has a serious impact on the need that unmarried couples in Illinois have for estate planning.

What Is Common Law Marriage?

"Common law marriage" is the term that generally defines the status of two people who agree to marry and live together but have not actually taken the legal steps required to procure a marriage license and register their union with the state. Each state sets its own guidelines for recognizing common law marriages. In Illinois, there is no recognition of such unions. Regardless of how long a couple has been together, Illinois probate law essentially treats unmarried partners as strangers to one another. Neither party is presumed to have any rights to the other’s property upon his or her death.

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 Posted on August 17, 2020 in Child Custody

During your divorce process, you likely devoted significant time and energy to establishing a parenting plan that was suitable to you and your ex-spouse and addressed your children’s best interests. However, as your children get older and all of your living situations change, it is sometimes necessary to revisit and modify your parenting plan to meet your current needs. One of the biggest changes that can affect a parenting plan is the relocation of one of the parents. If you or your ex are planning a major move, you should consider how you will need to modify your parenting plan to accommodate this substantial change in circumstances.

Modifying Your Parenting Plan After Relocation

It is important to note that when divorced parents share custody of their children, one of them may not simply move at any time. The relocating parent must provide the other parent with reasonable notice, usually at least 60 days, of his or her intent to move. Even then, the other parent can object, in which case, there will be a court hearing to determine whether the relocation will be permitted. One of the most important factors the court considers is the impact the relocation will have on the existing parenting agreement.

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 Posted on August 14, 2020 in Estate Planning

Make no mistake about it, estate planning is not just for the excessively wealthy. Anyone-even those with smaller estates-can have their assets eaten up by various types of taxes and other obligations, especially if the items being passed down have appreciated greatly since they were acquired. However, there are some solutions that could allow you to keep more of your money within your family regardless of the current tax laws.

Tip #1: Check and Update Beneficiaries Frequently

It is surprising just how many people end up having no beneficiary or a previous spouse listed on life insurance policies, investment accounts, and even their wills. To an extent, it is understandable-life is busy, things change often, and before you know it, years have passed and you still have not gotten around to updating your beneficiaries.

Unfortunately, if you pass away while your accounts or policies are still in limbo, your assets will go to probate as “intestate.” This time-consuming and expensive process can very quickly eat up your assets and leave a much smaller estate for your loved ones than you had hoped. To make sure this does not happen, review your beneficiary information after any major life event, including the birth of children, marriage, or a divorce.

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 Posted on August 10, 2020 in Child Custody

Whether they are divorced from their children’s mother or were never married, biological fathers usually have rights to some involvement in their children’s lives and responsibilities to contribute to their well-being. However, there are many situations in which a non-biological dad may also want to seek fathers’ rights after the relationship with the child’s other parent has ended. For example, you could have been part of a same-sex or opposite-sex couple in which a child was conceived through artificial insemination. You could be an adopted father or stepfather, or you could have raised a child believing you were the biological father and later found out otherwise. From a legal standpoint, these situations are not as clear-cut, but a recent Illinois court ruling has established that non-biological parents can have parental rights under certain circumstances.

Illinois Appellate Court Ruling on Non-Biological Parental Rights

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 Posted on August 10, 2020 in Estate Planning

If you asked your children and grandchildren how they think you should divide your assets in your estate plan, you will almost certainly get many different answers. Some of your family might suggest dividing everything equally-most likely without any idea of how to figure out what constitutes "equally." Others might defer to you entirely since after all, it is your property that is being discussed.

Ironically, the people in your life who say that you should do what you want with your estate plan are likely to be the ones who get upset when they realize they did not receive the inheritance they expected upon your death. Fortunately, an experienced estate planning lawyer can provide the guidance you need to stop family fights about your estate plan before they even begin.

Decide on Your Priorities

According to the law in Illinois, you absolutely have the right to do whatever you wish with the assets and property that comprise your estate. However, it is a good idea for you to at least think about how your decisions are likely going to affect your surviving family members. You may reach the conclusion that you do not care who you upset with your choices since you will not be around to hear about it. Again, you have that right. On the other hand, it may be more important for you to take steps to promote family unity and stable relationships in the wake of your passing. There is a good chance that your estate planning choices could affect your family positively or negatively after your death. You should choose wisely.

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 Posted on July 31, 2020 in Estate Planning

A marriage can have a significant impact on your estate plan. Married couples generally create an estate plan together- all or most of the marital assets are typically passed onto the surviving spouse. Only when he or she passes does the estate plan take effect. However, this is not always the case, particularly if one of the spouses has children from a previous marriage, or if there is a large age difference between the spouses. Moreover, if you are in the middle of a separation or a divorce, which can take over one year to finalize in many cases, it can have a significant impact on how you should handle your estate planning.

How Marriage Impacts Estate Planning

Marriage makes it easier for you to leave assets to your spouse after death. Even if you fail to do any estate planning or create a will, Illinois intestate succession states that a spouse inherits all of the intestate property. If there are children, then the intestate property is split between the spouse and children 50/50.

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