Recent Blog Posts
Coping with Divorce: Five Strategies Suggested by Experts
If you are considering ending your marriage, you probably have a thousand different concerns. Will I be too lonely living by myself? How will the divorce affect my children? How will I tell my friends and family? Unfortunately, there is no way of getting through a divorce pain-free, but there are some steps you can take to help you cope with the emotional burden of ending a marriage.
Strategy 1: Do Not Take It Personally
It is reasonable to assume that if your marriage was unhealthy, the divorce will not be the most cooperative or collaborative process either. Often, couples getting divorced continue to struggle with the same issues they struggled with when they were married. If your spouse attempts to sabotage efforts to end the divorce efficiently and amicably, do not take it personally. Someone acting out in childish or hurtful ways toward you does not reflect on your character; it reflects on theirs.
4 Interesting Facts About Divorce and Marriage
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
Key Estate Planning Documents That Are Often Overlooked
When one thinks of estate planning, the main legal tool that most often comes to mind is the last will and testament. Of course, having a will in place is tremendously important. Not only does a will give you the peace of mind that your possessions and property will end up in the right hands after your death, it also helps your loved ones wrap up your estate much more quickly and efficiently than would otherwise be possible. Even though wills are vital, they are not the only estate planning documents we should be concerned about. As you plan for your future, make sure not to overlook these other important legal and financial implements.
Advance Health Care Directive
An advance health care directive is a plan that is made ahead of time in regard to a person’s health care. Illinois law allows citizens to create four different types of advance directives: a medical power of attorney; a living will; mental health treatment preference declaration; and a Do-Not-Resuscitate (DNR)/Practitioner Orders For Life-Sustaining Treatment (POLST). Depending on your circumstances, you may wish to use more than one of these types of documents to plan for your future.
Proposed Amendment Could Prevent Gay Couples From Adopting
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.
The Basics of a Stepparent Adoption
If your spouse has a child from a previous relationship, you know how sensitive and complex issues related to parenting can be. While you may not be the child’s biological parent, it is understandable that you would wish to offer a positive, reliable adult influence for the child-not to mention an authority figure with whom the child is comfortable sharing concerns and problems. With time and effort, you are likely to find a sense of family starting to develop. In some situations, the bond becomes so strong that the stepparent is willing to take on the legal responsibilities of parenthood through the adoption process.
Is the Adoption Appropriate?
When you are thinking about a potential stepparent adoption, you must be aware that the decision to adopt affects the child as much or more than it affects you. You might ready, willing, and able to accept the duties of a legal parent, but that is not enough to make the adoption the right choice. If the child has a healthy, productive relationship with a second parent-other than your spouse-there is little reason to try to cut that parent out of the picture, and a stepparent adoption would probably not serve the best interests of the child. If, however, there is effectively no second parent or the other parent has shown to be uninterested in being a parent, your adoption might serve the child well.
What You Should Know About Living Trusts
When you are beginning to prepare an estate plan, it is important to remember that you are not just planning for the time after your death. An estate plan is necessary for more than just the rich-though that designation can be quite misleading. An estate plan is an outline set up by anyone-including those in lower- and middle-class income sectors-that determines what will happen to one’s assets and property. For those who may tend toward the higher end of the socioeconomic spectrum, it may be in your best interest to establish a living trust, which is a tool that can be used to manage your assets while you are still alive. Among other benefits, living trusts can useful in protecting certain assets and maintaining eligibility for government financial aid programs such as Medicare and Medicaid.
Two Types of Living Trusts
There are two main types of living trusts: irrevocable and revocable. The vast majority of living trusts are revocable, meaning that they can be amended or revoked at any time by the creator. When you create a living trust, the assets you select are transferred to the trust and ownership is in the trust’s name rather than in the name of an individual. Your designated trustee then administers the trust, meaning that the trustee makes decisions for the leveraging, sale, or gift of any assets in the trust. Most people name themselves the trustee of their own living trusts, meaning that there is essentially no difference in the way that one administers his or her own assets-only that they are now technically owned under the umbrella of the trust.
Step-Parent Adoption in Illinois
One of the most common forms of adoption in the United States is step-parent adoption. This type of adoption takes place when either the child’s biological mother or father is married to someone other than the child’s biological parent and that person wants to assume legal rights and responsibilities of the child. Step-parent adoption can be a step that some families take to solidify their relationships with one another, or to establish two parents for a child if one biological parent is not involved in the child’s life.
Factors to Consider
It is important to understand that a related adoption is a little different from an unrelated adoption. In some ways, it can be easier to adopt a child that is related to you, but it can also have its challenges. Some factors to consider in step-parent adoptions include:
- In Illinois, children can only have two legal parents, so if a step-parent wants to adopt their spouse’s child, the child’s other biological parent must relinquish their parental rights to the child.
Talking with Your Children About a Remarriage
As a divorced parent, you have probably had to work through a number of difficult discussions with your child. You may have been the one to break the news of your divorce to him or her and, in the time since, you may have answered dozens-if not hundreds-of questions about the future. Now, as you consider getting remarried, you will need to address difficult topics with your child once again.
Every Family Is Different
Your approach to talking with your child about remarriage will depend on a number of factors, including how long it has been since your divorce, the role of the other parent in the child’s life, and your child’s age and maturity. The relationship between your child and your new partner is also a major consideration. For example, if your child was very young at the time of your divorce and has come to see your new partner as a member of the family already, the conversation may much easier in many regards. By contrast, if you only recently got divorced and your child is extremely close with your ex-spouse, your child may not be prepared to accept a new stepparent so willingly just yet.
Undue Influence by a Beneficiary Can Invalidate a Will
The time after the death of a loved one is almost always difficult, even if the death was preceded by a lengthy illness or years of health problems. When you are dealing with the grief and other emotions associated with loss, it can be especially troubling to learn that your loved one’s will was recently changed to benefit a particular beneficiary in a way that seems suspicious. If you have a reason to believe that the beneficiary-or anyone else-tricked or forced your loved one into amending his or her will, you may have the grounds to contest the will based on undue influence.
The Importance of Voluntary Testaments
Every person has the right to decide how his or her assets will be distributed on the person’s death. It is very important, however, for those decisions to be voluntary. A person who has been deceived or coerced into making certain choices about his or her property is not making them voluntarily. He or she is being manipulated.
5 Financial Mistakes You Should Avoid During Divorce
One of the most common things people worry about when they are going through a divorce is how it will affect their finances, and for good reason. According to a study conducted by the U.S. Government Accountability Office, women experienced a significant drop in their income after divorce--nearly 41 percent, on average. This can be due to a number of factors, but there are dozens of mistakes you can make when getting a divorce that could negatively impact your finances. Here are some common mistakes you should be sure to avoid:
1. Not Being Prepared
One of the most common mistakes that people make with their finances during divorce is not being prepared for the divorce itself. Divorce is a long and demanding process, so being prepared is crucial. Before you begin the process, you should consult with both financial experts and an experienced attorney to make sure you are making the best decisions.
2. Not Having Sufficient Records