Posted on August 20, 2018 in Adoption

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 18, 2018 in Estate Planning

Some people are just born rich. They are fortunate to be part of a family with wealth going back several generations. Others manage the impossible and win the Powerball jackpot, becoming enormously wealthy virtually overnight. Most people, however, work very hard throughout their lives to accumulate the assets and property that make up their estate. You have probably made sound financial decisions and put in the hours to earn what you have, so when it comes time to decide what will happen to your assets upon your death, you have the right to do so.

Keep in mind, however, that while the right to make decisions about your estate is yours and yours alone, such decisions are not made in a vacuum. The choices you make are likely to have an effect on your family members and loved ones. Whether that effect is positive, negative, or neutral depends on your circumstances and how you handle them.

Eliminating Assumptions

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 Posted on August 15, 2018 in Divorce

If you and your spouse are having serious problems in your marriage, one of you may decide to find another place to stay while you figure out what to do next. You might, for example, stay with a family member so that you can gather your thoughts about how to proceed. This practice is so commonplace that most couples would not even consider a divorce while still sharing a home.

Just because something is a common practice, however, does not mean that it is a legal requirement. In fact, it may come as surprise to learn that Illinois law does not require any period of separation in most divorce cases.

Knowing the Law

Prior to 2016, a couple seeking a divorce on the grounds of irreconcilable differences-colloquially known as a “no-fault divorce”-was required to live separate and apart for two years before the divorce could be finalized. By agreement of the parties, the separation period could be lessened to six months. While Illinois courts found that “living separate and apart” could theoretically occur under the same roof, most cases saw one spouse or the other move out the marital home for at least half a year prior to the divorce being finalized.

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 Posted on August 14, 2018 in Estate Planning

In the comedy show Parks and Recreation, there is a scene where Ron Swanson is being lectured about how his impressive estate is not covered by a will. He replies that he does have a will and that he wrote it when he was eight years old. To the horror of his financially-savvy colleague, Ron pulls out a small folded note with a few scribbles on it. If you have thought about creating your last will and testament, you may have wondered if you can simply write the instructions down in a notebook or on a piece of paper. The answer varies depending on where you live, but it is important to note that Illinois wills must meet certain criteria to be legally binding.

States Vary on Rules Regarding Handwritten Wills

The enforceability of a handwritten will depends on state law. Many states do accept handwritten wills that meet other criteria, but each state’s laws vary with regard to witness requirements. The purpose of having witnesses sign off on people’s wills is to ensure to the court that the will’s creator, called a testator, signed the will of his or her own volition. Testators must have the mental capacity to understand what they are signing and cannot be coerced into signing a will. Having witnesses also helps guarantee that the signature on the will is that of the testator and is not forged. Nevertheless, in some jurisdictions, witnesses are not required to be present for a handwritten will to be legal. This is known as a holographic will. Two witnesses must be present when the will is signed in other jurisdictions.

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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 09, 2018 in Divorce

Although it is not required, the majority of women who get married change their last name to match that of their new husband. This can lead to an unexpected challenge if the marriage ends. If you are planning to end your marriage through divorce, you may be wondering what you should do about your last name. Some women choose to keep their married name post-divorce while others go back to their maiden name. Still, others come up with completely unique solutions to the dilemma of what to do with their last name as a newly-single woman. Whatever you decide, make sure to consider both the short-term and long-term effects on your personal and professional career.

The Decision to Keep Your Married Name Is Completely Your Own

Except in very rare circumstances, the choice of whether a divorcing woman changes her last name from her married name to something else is completely up to that woman. The vast majority of divorce decrees do not include requirements about names. The decision is a deeply personal one and can be influenced by a wide variety of factors. One thing many women consider is what the name symbolizes to them. For some, keeping their ex-husband’s name may bring up too many painful emotions. Other women are able to separate the name itself from the memories of their marriage or for other reasons do not feel negatively towards their married name.

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 Posted on August 06, 2018 in Estate Planning

If you have started the process of planning for your family’s future through a comprehensive estate plan, you have probably considered where many of your possessions will go. Perhaps your car will be gifted to a grandchild, while your home will be sold and the proceeds split between your children.

When deciding what will happen to physical property, many otherwise-dutiful estate planners forget about their digital assets. Have you considered what should happen to your personal documents and data stored online after you pass away? What about your social media accounts? The world is becoming more and more digitized with each passing day, and it is important we account for this in estate plans.

What Exactly Is Considered a Digital Asset?

Digital assets refer to items such as:

• Email and documents stored in “the cloud”;
• Marketplace accounts on websites like Amazon, eBay, or Craigslist;

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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 August 01, 2018 in Spousal Support

If you will soon be getting divorced, you may believe that you have the right to receive spousal support-also called maintenance-payments from your soon-to-be-ex-spouse. Spousal support, unlike child support, is not automatically assumed to be necessary in every Illinois divorce. Under Illinois law, the court must take each case individually to determine if a maintenance award is actually needed to promote an equitable outcome. This means that if you think you are entitled to support, you will probably need to ask for it explicitly.

Marital Misconduct Is Not a Factor

Unless you and your spouse included behavior clauses in a prenuptial or postnuptial agreement, the court will not consider the conduct of either party when deciding whether to award maintenance. While your spouse’s behavior may leave you feeling like he or she owes you some type of restitution, the law in Illinois specifically prohibits marital misconduct from being a factor in maintenance proceedings. Spousal support is meant to help you meet your financial needs and obligations, and is not intended to be used as a punitive measure against your spouse.

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 Posted on July 26, 2018 in Estate Planning

One of the most important steps of creating a last will and testament is choosing the personal representative-or executor-who will oversee and manage your estate after you pass away. This individual will have several important responsibilities, so it is important that you choose someone who is competent and able to handle the job. There is no perfect way to choose the right executor, but there are some guidelines you should keep in mind as you create your estate plan.

Responsibilities of the Executor

The legal representative named as the executor of a will has several duties. Firstly, he or she must estimate the value of the deceased person’s (testator’s) estate. A list of property and assets including bank accounts, retirement accounts, real estate property, fine art or expensive jewelry, stocks and bonds, and other items must be drafted and assessed during probate. Additionally, the executor must pay the deceased person’s taxes and debt as well as file a personal income tax return on their behalf. He or she will also have to pay estate taxes and distribute the testator’s remaining property to beneficiaries as per the directions stated in the will.

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