Posted on July 10, 2018 in Adoption

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.

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 Posted on July 10, 2018 in Family Law

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.

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 Posted on July 07, 2018 in Estate Planning

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.

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 Posted on July 05, 2018 in 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

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 Posted on July 03, 2018 in Child Custody

If you are a parent who is in the midst of a divorce, you probably have many questions about the future. “Where will I live?” “Will I be able to make enough money?” “What will happen to my kids?” As you probably know, the laws regarding child custody have undergone substantial changes in the last few years. The changes were designed to reduce competitiveness and friction between divorcing or unmarried parents and to encourage cooperative parenting. But what if your former partner is uninterested in taking responsibility for your child? Or, what if it scares you to leave your children with him or her? Fortunately, it is still possible for you to seek an amended version of what used to be called “sole custody” of your child.

New Names for Legal Custody and Physical Custody

At the beginning of 2016, sweeping reforms to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) took effect. The updates largely eliminated the term “child custody” and replaced it with the more nebulous phrase “allocation of parental responsibilities.” Under the amended law, parental responsibilities are divided into two primary areas. “Significant decision-making authority” replaced the previous concept of legal custody, and “parenting time” replaced the old idea of physical custody. Sole and joint custody were two different types of legal custody arrangements as they were established to clarify which parent or parents had the responsibility to make important decisions about the child’s life.

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 Posted on June 29, 2018 in Wills and Trusts

When you consider what life will be like for your loved ones when you are not around to care for them, you may have serious concerns about family members who rely on you for the most care. You may have a child, a sibling, or even a cousin with a disability or other special needs. These needs may leave the person unable to adequately look after themselves. If you have been caring for a person with special needs, your death could lead to serious challenges for him or her, and your best option may be to create a special needs trust in the name of your loved one.

A Powerful Tool

Also known as a supplemental needs trust, a special needs trust is an instrument that places assets under the care of trustee to be utilized to help provide for a person with special needs. The most unique aspect of a special needs trust is that the funds contained in the trust are not considered to be "available assets" for the disabled individual, which means they cannot impact the person’s eligibility for Medicaid, Supplemental Security Income (SSI) and other income-based government programs.

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 Posted on June 28, 2018 in Divorce

When you are navigating the process of divorce, you and your spouse must be open and honest about your individual finances and those you share as a couple. Without both parties being forthcoming, you will not ever be able to divide your marital property as prescribed by Illinois law. Even the court will not be able to make such decisions without all of the necessary information.

Unfortunately, is not uncommon for one spouse to hide property and revenue streams in an effort to keep them away from the asset division process. While it may be possible to track down these assets before a judgment is entered, sometimes the property will remain hidden until the divorce has been finalized. If you have recently gotten divorced and you just found out that your ex was being deceptive during the process, you can still take action to remedy the situation.

Getting Your Divorce Reopened

The first step in addressing the issue of hidden assets after a divorce is to enlist the help of a qualified divorce lawyer. Your attorney can help you with filing a petition for relief from the judgment of divorce in its current form. Essentially, your petition will state that the judgment should be set aside and the case should be reopened in light of the newly discovered assets. It is much easier to have your case reopened within the first 30 days of the entry of the judgment, but the law allows your case to be reopened at any time if there is a sufficient reason to do so.

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 Posted on June 28, 2018 in Divorce

Divorce is an emotionally daunting experience, but it can also be financially daunting, especially when it comes to the assets you own. Splitting your assets during divorce can be a lengthy process, and it can become frustrating if you and your ex-spouse get into bitter arguments about who gets what or how certain property should be allocated. Illinois law dictates that marital property is subject to equitable distribution, and non-marital property is not. In a nutshell, marital property includes any assets that were acquired during the marriage. It is important to understand how to divide certain assets, including the following types of marital property:

1. The House

The easiest way to divide this real estate asset is to sell your house and split the money. This works if neither spouse has a particular attachment to the home, and it offers an easier, less stressful way of dealing with what is often one of the most valuable marital assets. Before you sell your home, you should get the house appraised, ensuring that you know exactly what your property is worth.

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 Posted on June 26, 2018 in Estate Planning

People can get uncomfortable when discussing the role finances play in how successful or fulfilling a marriage will be. However, the simple fact is that money is consistently found to be the number one cause of stress in marriages. Studies have even shown that couples arguing over finances is the top predictor of divorce. Marriage is a financial partnership as much as it is a romantic partnership. If you are tying the knot this summer or have recently wed, read on to learn the steps newlyweds should take to protect their financial future.

Update Beneficiary Designations

Getting married can be quite the challenging and chaotic undertaking. Between choosing the venue, inviting guests, hosting the reception, and finding places for all those wedding gifts, some newlywed couples forget that there are certain financial steps they should take as well. Many unmarried individuals have their parents chosen as beneficiaries on things like life insurance policies and retirement accounts. When those individuals get married, they will need to change the beneficiary to their new spouse-presuming they wish to do so, of course. If the beneficiary designation is not modified and a tragic accident occurs, the surviving spouse will not receive any of that life insurance policy's payout. After getting married, each spouse should review financial accounts such as 401ks, brokerage accounts, IRAs, and bank accounts and update beneficiary designations as needed.

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 Posted on June 20, 2018 in Child Custody

Many studies have shown that children do best with both parents in their life. Of course, this is not true for situations involving abuse or domestic violence, but generally, removing one parent from a child’s life is damaging to the well-being of that child. Fortunately, many parents who get divorced or who never marry are able to work out a shared parenting arrangement which includes both parents as full participants in their children’s’ lives. Unfortunately, a new study shows that Illinois fathers are at the bottom of the list when it comes to how much time they spend with their children.

Study Analyzes Shared Parenting Schedules Across the Country

The study, which was piloted by a software company that makes apps for divorced and separated parents, involved a compilation of data regarding the most common parenting time arrangements in each of the fifty states. Through a survey of legal professionals and judicial standards across the country, the researchers were able to calculate the average amount of time parents spend with their children. The study only included cases in which both parents wanted custody of their children, and there were no extenuating circumstances, such as long-distance separation or criminal convictions.

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