Posted on November 22, 2024 in Estate Planning

Blended families, where one or both parents have children from a previous relationship, are not unusual in America. The unique dynamic between stepparents and stepchildren makes the distribution of assets after a family death less straightforward than it can be for traditional families. Ensuring that stepchildren are treated as fairly as biological children and that the surviving spouse’s rights are protected can be a challenge.

Without a clear estate plan, there can be a higher risk of confusion, disputes, or unintended disinheritance among family members. If you have a blended family and are thinking about what you want to leave behind for your loved ones, speak with a qualified DuPage County, IL estate planning lawyer who can help you draft a detailed plan.

Why Does Estate Planning Matter for Blended Families?

Estate planning involves decisions about what will happen to your money, property, and other belongings after your death. For blended families, it can be especially important to have all of this written down because children from previous relationships, a new spouse, and stepchildren might all have a claim to your assets.

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 Posted on November 19, 2024 in Child Custody

As technology advances and becomes more and more involved in daily life, it can be challenging for unmarried parents who disagree about how their child should use social media. One parent might have serious concerns about how social media could endanger their child’s well-being, and the other might be concerned that limiting the child’s freedom could harm the child as well.

When two parents feel passionately about different sides of an argument, it can be a recipe for disaster. If it feels like you and your ex are in an endless battle about your child’s social media use, speak with a skilled Lombard, IL joint custody attorney about ways to resolve it.

Joint Legal Custody and Parenting Plans

The majority of divorced parents in Illinois have some sort of joint legal custody arrangement. That means both parents get a say and need to agree on important decisions that can affect their child. Social media is one of the areas parents need to agree about. If one parent wants to give the child the freedom to make his or her own informed decision and the other wants to restrict social media use, this is a problem that needs to be resolved.

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 Posted on November 19, 2024 in Divorce

When parents divorce, one of the hardest parts for them to figure out can be how to collaborate to raise and care for their children after they are separated. A growing trend called birdnesting offers a creative solution. Birdnesting means that the children stay in one home, while the parents take turns living in that home. This arrangement can be challenging and uncomfortable for some, so it is crucial to examine your dynamics with your ex before attempting it. However, if it can work for you, birdnesting can be an excellent way for families to address the emotional and practical challenges of divorce. Speak with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.

What is Birdnesting?

In a typical divorce, children need to adjust to living in two different homes - one with each parent. This means moving back and forth between homes and adjusting to different rules and routines, which can be challenging.

Birdnesting changes this by allowing the children to stay in the same home throughout the divorce process. Instead of the children moving between parents' homes, the parents rotate in and out of the family home. Each parent has a schedule showing when they are supposed to stay in the home with their child, and when they need to stay somewhere else because it is the other parent’s turn.

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 Posted on November 18, 2024 in Child Support

Child support arrangements are made to ensure that a child’s needs can be provided for, regardless of the financial situation of the parent responsible. Often, if one parent focused more on developing a lucrative career and the other was a stay-at-home parent, the working parent pays child support to the non-working parent. The goal is to ensure that parents can cover food, clothing, education, healthcare, and other costs for the child when they are together.

However, the purpose of child support is quite clear from its name. It is meant to cover the child’s needs, not the other parent’s. Illinois law aims to ensure that both spouses, regardless of their finances and employment, can maintain something close to their previous standard of living. That is why a couple’s marital assets will be divided fairly and why spousal support can also be ordered.

However, child support funds are intended to benefit the child. If you believe your ex is using your child support payments for her needs, speak with an experienced Illinois child support attorney to understand your options.

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 Posted on November 13, 2024 in Divorce

When couples go through a divorce in Illinois, they need to divide their marital assets in an equitable way. That means that the value of all their property, assets, and debts is calculated and then anything they own as a couple will be divided fairly between both spouses.

 Unfortunately, some spouses have been known to spend and waste assets in such a way that the total amount that will be divided is significantly less than it should be. This is known as the dissipation of assets, and it can have serious legal consequences. If you are worried your spouse is squandering your marital assets and you will be left with much less than you deserve after your divorce, speak with a skilled Illinois family law attorney to learn about your options.

How Is the Dissipation of Assets Defined?

Illinois law defines the dissipation of assets as "the use of marital property for a purpose unrelated to the marriage at a time when the marriage is undergoing an irretrievable breakdown." Irretrievable breakdown means it is clear that the marriage is ending. The divorce is not yet finalized, which is why the assets have not yet been divided, but the spouses know that the divorce is happening.

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 Posted on November 11, 2024 in Estate Planning

As digital assets like social media profiles and cryptocurrency become more common, it is becoming more important to make arrangements for them in an estate plan. Illinois actually has laws that specifically address digital assets, but it is a fairly new aspect of estate planning. Many people fail to consider their digital portfolio, and this can create problems if beneficiaries cannot access online accounts or property. If you want to include your digital assets in your estate plans, speak with a knowledgeable Lombard, IL lawyer who can explain your options and offer relevant guidance.

What Are Digital Assets?

Any type of online property or content that someone owns or controls is considered a digital asset. Some of these are quite valuable. Common examples of digital assets include:

• Online accounts: Social media profiles, email accounts, and cloud storage accounts that could include personal files, photos, and documents are all digital assets that you can bestow on a beneficiary in your estate plan.

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 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.

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 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:

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 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.

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 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.

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