Posted on October 31, 2024 in Divorce

Increasingly, couples in the U.S. are a combination of spouses born in America and spouses born in another country. Divorce can be a complex process under the best circumstances, but when your spouse resides in another country, the steps involved in filing for divorce can be very difficult to handle by yourself..

If your spouse is living abroad and is in a country that is a signatory to the Hague Service Convention, there are specific international guidelines that must be followed for serving divorce papers. Fortunately, you do not have to figure out this complicated process on your own. An experienced Illinois family law attorney with A. Traub & Associates can help you manage every aspect of your divorce from start to finish, providing peace of mind during this challenging time.

What is the Hague Service Convention?

The Hague Service Convention is an international treaty established to streamline the process of serving legal documents across borders. It standardizes the way divorce papers and other legal documents are delivered to parties in foreign countries, ensuring they receive proper legal notice. With over 75 member countries, the Hague Service Convention outlines specific procedures that must be followed for service to be valid. Not following these steps can lead to delays and complications, potentially resulting in a requirement to restart the service process.

Continue Reading ››

 Posted on October 29, 2024 in Child Custody

When parents get divorced, one of the most important tasks they need to accomplish is creating a parenting plan. This outlines how they will continue raising their children once their marriage is over. It includes details about who will pay for what, who will make certain decisions on behalf of the child, where the child will sleep, and more.

Most parents want to make sure their child’s best interests are being met, but it can be hard to prioritize that when you are in the process of getting a divorce. If you want to learn more about successful methods for creating a parenting plan, speak with an experienced Arlington Heights, IL divorce lawyer.

What Is a Parenting Plan?

"Parenting plan" is the term for the guidelines of how co-parents share parental responsibilities and rights after a divorce. It helps parents navigate complex issues that can come up when unmarried parents try to raise a child. The key components include:

Continue Reading ››

 Posted on October 25, 2024 in Divorce

Illinois firefighters, police officers, and emergency medical caregivers are real-life superheroes who handle more than their fair share of challenges at work. Unfortunately, the unpredictable and demanding work schedule of these jobs also means that first responders often face additional challenges in their relationships. Emergency response employees have higher rates of divorce and, when they get divorced, they must deal with unique concerns as a result of their job. If you are a first responder and you are wondering if divorce is the right path forward for you, call our team of Illinois divorce attorneys who understand the unique issues you face and who are ready to help.

Why Are First Responders at Greater Risk of Divorce?

First responders are at higher risk of marital challenges because they work long hours, frequently face dangerous situations, observe traumatizing events, and often struggle with substance abuse and mental illness. In addition to the typical challenges a married couple deals with, these issues can be very difficult for the first responder and his or her spouse to manage.

Continue Reading ››

 Posted on October 18, 2024 in Estate Planning

On top of the grief of losing a parent, there are important legal and financial matters that need to be addressed. Unfortunately, managing a parent’s affairs while simultaneously grieving their loss can easily feel overwhelming. Taking things one step at a time can help, and an Illinois estate planning attorney can help. If you have recently lost a parent, here are five important things you should do after their passing to ensure everything is handled properly.

Get Copies of the Death Certificate

One of the first things you will need to do is get multiple copies of your parent’s death certificate. This document is crucial for handling many tasks, such as closing bank accounts, claiming life insurance, and transferring property. You can request death certificates from the funeral home or directly from the county clerk’s office where your parent passed away. It is a good idea to get at least 10 certified copies, as various institutions will require them to settle your parent’s affairs.

Continue Reading ››

 Posted on October 17, 2024 in Divorce

It can take a couple a long time to conclude that the only path forward for them is divorce. After years of trying to make it work, going through couples or individual therapy, reading books and listening to podcasts by relationship experts, and living through an unhappy marriage, some people might feel impatient to put this all behind them once they are ready to split up. Many wonder how long a divorce takes to finalize. The answer is that it depends on several factors, including what the couple needs to divide, how the spouses communicate, and which divorce method they choose. This article will describe the more common options for divorce in Illinois and how long you can expect each to take. Consult with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.

5 Types of Divorce Explained

Different types of divorce appeal to different couples based on factors such as the dynamics between the spouses, the marital estate that needs to be divided, whether they have children and more.

Continue Reading ››

 Posted on October 15, 2024 in Divorce

Most people are familiar with many of the steps a couple needs to go through to finalize their divorce. They need to decide who will get what, when their child will be with either spouse, and how much child support or spousal support will be paid.

What some are surprised to learn is that debt amassed during marriage also needs to be divided during a divorce. If you are concerned you might get stuck paying for your spouse’s credit card debt in a divorce, contact a qualified Schaumburg, IL family law attorney to understand your options.

How is Debt Divided Among Spouses in Illinois?

Since Illinois divorce follows an equitable distribution model, assets and debts obtained during the marriage are to be divided fairly by the spouses. Equitable does not mean equal, so one spouse will likely end up receiving or paying more than the other.

Continue Reading ››

 Posted on October 09, 2024 in Family Law

According to Illinois law, both parents of any child have a presumption of equal parenting rights and responsibilities. The courts decide on a case-by-case basis how matters like visitation and parental decision-making will be divided, and consider many factors to determine which arrangement would best suit the child’s interests.

However, there is no gender-based automatic rule that mothers always get more time with the child and should always receive child support instead of fathers. If you are a father seeking maximum parenting time with your child, speak with an experienced Arlington Heights, IL child custody attorney about whether you could be eligible for child support payments within the framework of your divorce settlement.

Parental Eligibility for Child Support

While America has come a long way in terms of gender roles and the awareness of parental capabilities, there are still some societal norms and taboos surrounding the division of responsibilities inside a household. In practice, many families do not fit the outdated model of a mother staying home and raising the children while the father goes off to work and spends minimal time actively parenting. In some families, the mother is the main breadwinner, and the father takes on most parental responsibilities. In some divorces, fathers are awarded primary custody and are also entitled to child support.

Continue Reading ››

 Posted on October 08, 2024 in Estate Planning

Natural disasters and pandemics often make us realize how fragile life can be. Recent catastrophes such as the COVID-19 pandemic, Hurricane Helene, or devastating earthquakes around the world serve to illustrate that unexpected events can happen at any time.

These events not only affect our day-to-day lives but also serve as reminders of the importance of being prepared for the future. One of the best ways to prepare is by updating your estate plan. Having a solid estate plan can give you peace of mind that your family and loved ones will be cared for, no matter what happens, and our Wheaton, IL estate planning attorneys can help.

Why Estate Planning Is Important During a Crisis

Estate planning is not just for the wealthy. It is for anyone who wants to make sure their property, finances, and wishes are handled according to their desires if they pass away or become incapacitated. During a crisis, like a natural disaster or a pandemic, having a plan in place becomes even more critical. With an up-to-date estate plan, you can:

Continue Reading ››

 Posted on September 30, 2024 in Wills and Trusts

There are many types of trusts that can benefit a wide variety of situations. The special needs trust is one of these. In the past, parents with a disabled child were often forced to disinherit the child so government benefits could continue. The only other option was to leave money in a traditional trust with crossed fingers, hoping it would be properly used for the care of the disabled child.

Today, a special needs trust allows the disabled child to continue receiving necessary government benefits while still having money to increase their quality of life and cover any extra expenses. A special needs trust can be used for a person with physical or mental disabilities or a person with a mental illness. The laws that govern special needs trusts in Illinois can be found under Section 760 ILCS 5/15.1. If you believe a loved one could benefit from a special needs trust, a Lombard, IL estate planning attorney from A. Traub & Associates can help.

Continue Reading ››

 Posted on September 30, 2024 in Family Law

When married couples have a baby, the husband and wife are automatically considered the father and mother, with all the parental rights and obligations that brings. However, when a couple is not married when a baby is born, it is less clear-cut. The woman giving birth is automatically considered the mother, but officially recognizing a father requires various steps.

What you need to do, exactly, will depend on your circumstances and whether the man you believe is your child’s father is willing to cooperate. If your baby’s father refuses to acknowledge paternity, speak with a qualified Arlington Heights, IL family law attorney about how to prove it.

Establishing Paternity in Illinois

When both unmarried parents acknowledge their parental relationships, they can fill out a form called a Voluntary Acknowledgement of Paternity (VAP). Sometimes it takes time for the parents to get this done and they can submit it at any time, but if they fill it out in the hospital when the baby is born, the father’s name can be included alongside the mother’s on the birth certificate. This is a fairly simple process, with one major condition: it needs to be voluntary. If either parent does not want the father to be recognized as such, they cannot be forced to sign it against their will.

Continue Reading ››