Posted on February 02, 2018 in Divorce

When a couple’s relationship breaks down and they decide to end their marriage, they are likely to experience a number of strong emotions which may make it difficult to remain civil with one another. However, when spouses have children together, they should remember that divorce is not the end of their relationship, since they will both be parents of their children for the rest of their lives. By taking steps to establish a good foundation for co-parenting during divorce, they will be able to provide a good environment for their children for years to come. Here are some helpful tips for working together with your ex to co-parent your children:

1. Maintain consistency between both homes - Even if your style of parenting is different from your ex-spouse, it is best for children if their parents are on the same page about issues such as rules for behavior, school expectations, and methods of discipline. Work together with your ex-spouse to find parenting strategies you can agree on.

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 Posted on February 01, 2018 in Divorce

There are many reasons why a couple’s marriage may break down. In some cases, the two spouses simply got married before they were ready for the commitment. Other times, one of the spouses is unfaithful and causes hardship in the marriage through his or her infidelity. However, one of the biggest causes of marital stress is money. Couples argue about whether to spend or save money, what to spend it one, or how their money should be managed.

Financial Stress Causes Friction in Relationships

A study conducted by the American Psychological Association found that about 75 percent of Americans are experiencing financial stress at least some of the time. Furthermore, almost a quarter of U.S residents are experiencing extreme financial stress. Couples do not have to be living paycheck to paycheck to experience this stress. Many financially-secure couples also experience the stress of not knowing which money decisions are right for them and their family.

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 Posted on January 31, 2018 in Divorce

When you are facing a divorce, you are likely overwhelmed with the changes you are experiencing in your life and uncertainty about your future. Since finances are a major concern during this time, you may wonder if you can save money by representing yourself in your divorce case. However, even in an amicable divorce, it is essential to have an attorney on your side. Consider the following six reasons why you need a divorce lawyer:

1. Providing legal representation - One attorney cannot represent both spouses, so if your spouse has already hired an attorney, he or she will not be looking out for your interests. Moreover, you will be at a disadvantage, even if you and your spouse are in agreement on most of the issues which need to be resolved. With your own attorney on your side, you can be sure that your rights and interests will be protected throughout the divorce process.

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 Posted on January 30, 2018 in Estate Planning

Although it is not necessarily a pleasant thought, even young parents who are in good health should not hesitate to start creating an estate plan. Parents of minor children need to plan for the possibility that they may pass away before their children reach adulthood. Because those under 18 years of age do not have the legal standing or rational thinking ability to make decisions about their care and finances, an adult must act on their behalf.

When parents of minor children create an estate plan, two of the concerns they should address are who will be the guardian of their children should they pass away and who will manage their children’s assets. By planning for the worst, parents can have the peace of mind knowing that if something ever happened to them, their children would be raised and cared for by individuals that the parent’s themselves selected.

Planning for the Future

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 Posted on January 26, 2018 in Divorce

The major life changes that accompany the end of a marriage can be overwhelming, even in the most amicable breakups. Whether you have made the mutual decision to move on from a relationship that is no longer working or have been unexpectedly served with divorce papers, you are likely not fully prepared for the upheaval that divorce will bring to your life. But while divorce can be stressful and full of complicated emotions, you can complete the process more efficiently and effectively by taking the following steps:

1. Manage your expectations - Your divorce will require some major changes to nearly every aspect of your life, from your finances, to your living situation, to your relationship with family and friends. When you are realistic about what you expect your post-divorce life to look like, you can then set goals for what you want to accomplish and work toward them throughout the divorce process.

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 Posted on January 23, 2018 in Powers of Attorney

Research shows that only about half of Americans have any estate planning documents in place. Those without a last will and testament and other critical estate planning documents risk having their estate decisions made for them if they pass away or become incapacitated. One vital piece of estate planning that is important for anyone to have is a power of attorney. A durable power of attorney is a legal document which gives someone else the authority to act on your behalf if you cannot do your yourself.

Types of Power of Attorney

A general power of attorney assigns an agent which will be responsible for the medical decisions, legal choices, personal banking, investment, insurance and real estate transactions of the person signing the document (the principal) should they become incapacitated. A special power of attorney allows the principal to be more specific. He or she can narrow down the types of choices the agent(s) can make. It is possible to have several different powers of attorney for different purposes. An individual may choose their spouse or family member to make medical decisions on their behalf, but he or she may choose another individual to make financial or business decisions in the event they are incapacitated.

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 Posted on January 19, 2018 in Divorce

Divorce is difficult at the best of times, but it can become much more of a headache when one spouse is argumentative and prone to provoking conflict. You are likely ready to move on with your life after the end of your marriage, and the last thing you want is an ex who keeps dragging you back into old arguments and coming up with new things to fight about.

If your ex is making things difficult during and after your divorce, consider the following factors:

1. You can set boundaries. While you and your spouse were used to being able to confide in each other and talk about anything during your marriage, those days are over. Moreover, if you do not want to discuss your personal life with your ex or listen to their complaints, you do not have to do so. Keeping conversations business-like, avoiding emotional discussions, and hanging up the phone or walking away if things get heated are good ways to keep from letting your ex push your buttons.

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 Posted on January 17, 2018 in Family Law

No one wants to think about their own mortality, but it is an issue that must be faced eventually. This is especially true if you have minor children. Provisions must be made for them in case the unthinkable happens. While it may seem alarmist, it is actually quite common to draw up a plan or mechanism to ensure that your children are well cared for if you are suddenly removed from the proverbial picture. The most often used method of guaranteeing that stability is to set up a guardianship, but there are other possible options.

Superior Rights Doctrine

As one might assume, if you are married to your children’s mother or father (or once were), Illinois courts will usually grant custody to him or her under the so-called “superior rights doctrine.” There is a general presumption that a biological parent is the best person to raise children, and this will often be followed as long as the parent has not been found unfit. However, there is one doctrine that carries more weight than the superior rights principle, and that is the best interests of the child. Illinois public policy explicitly states that the best interests of the child are the primary concern when ruling on issues in family law, such as parenting time or allocation of parental responsibilities.

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 Posted on January 15, 2018 in Estate Planning

Many of us have seen celebrity disputes in the news regarding a deceased person’s estate. For instance, after music legend Michael Jackson died in 2009, his family became embroiled in financial and legal arguments regarding his last will and testament. Jackson’s siblings-who were not named as beneficiaries-claimed that pop icon’s will was fake. Another dispute arose when Anna Nicole Smith’s billionaire husband J. Howard Marshall died. In a series of dramatic court cases, Smith was at first awarded but then denied a share of her late husband’s estate. Smith died just a year after her late husband and the argument was not resolved.

Celebrities are not the only ones to experience the tension of an estate dispute. Every day, families whose names we do not know experience the pain and trauma of arguments over inheritance. There is no way to eliminate the risk that your estate plan will be challenged by a family member, but there are some steps you can take to minimize the risk:

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 Posted on January 12, 2018 in Family Law

The term “parental alienation” refers to the process through which a person psychologically manipulates a child into having ill feelings toward their parent. This most often occurs when parents divorce or separate. Parental alienation is a form of psychological abuse and it can be devastating to both the child and his or her parents. There is even evidence to suggest that a child who has been manipulated in this way will have a higher chance of mental and physical illness. Parental alienation is inexcusable.

Why and How Does Parental Alienation Occur?

Parental alienation most often happens to children whose parents are separating or divorcing. Of course, it can also be an issue for children of parents who were never married to one another. When the parents are in conflict, they can start to bring their child or children into the conflict. A parent who is jealous or angry toward the other parent begins to encourage their child to take “their side.”

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