Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Wheaton Office
630-426-0196
Text Us Now
630-426-0196
Subscribe to this list via RSS Blog posts tagged in Illinois divorce lawyer

children, communication, Lombard divorce lawyersAs a parent, you probably feel like you spend half of your day repeating yourself to your children. Despite their best intentions, it can be challenging to get your message across for a variety of reasons. In many ways, talking to your children about an imminent or ongoing divorce is much the same. It is not a conversation that you will have one time, never to be revisited or brought up again; in fact, the reality is quite the opposite. You will want to be sure that the lines of communication between you and your children remain open throughout the divorce, which can help you all better adjust to the upcoming changes.

Share, But Not Too Much

Once you begin to discuss divorce with your children, make sure that they know that they can ask questions and talk to you about what is on their mind whenever they need to do so. Their questions are likely to address what may have happened between you and your spouse, and how their lives will be affected. You will need to tailor your answers to match each child’s age a maturity level, and to only share information that you know they are prepared to handle. For example, you may be able to tell your teenage daughter about more complex relationship concerns, while a younger child may just need to know that you and your spouse will not be living together anymore.

...

amicable divorce, divorce law, Arlington Heights divorce attorneyA few weeks ago, a post on this blog talked about "divorce selfie" trend that seemed to exemplify the amicable nature of many modern divorces. For many couples, the decision to end their marriage, while difficult, does not end their ability to work together toward a common goal. An amicable, uncontested divorce can save a couple the hassle and expense of having to sort out their differences in court and greatly streamline the entire process. Regardless of how cooperative you and your spouse can be, however, it is still important to seek the assistance of a qualified divorce attorney for a number of reasons.

Divorce Is Often Complicated

Even though you and your spouse may agree on most of the concerns inherent to the divorce, spelling out an acceptable divorce agreement can be difficult. The division of property, for example, is just one area that can be incredibly complex, with valuations needed for homes, vehicles, retirement accounts and more. While you may not have any disagreements over who is getting what, an attorney can help you develop a legally sound arrangement that clearly designates each and every allocation.

...

domestic violence programThe Chicago Police Department responds to almost 500 domestic violence calls every day. In 2013, approximately 1,500 of those calls involved aggravated domestic battery, where the abuser attacked his or her victim with a gun, knife, or other dangerous weapon.

The City of Chicago recently expanded a pilot domestic violence program that has been in effect since last year. The program takes a more proactive response approach by police, prosecutors and social services agencies and providers.

The program was first introduced to the Chicago Police Department’s 14th Division. The aim of the program is to enable law enforcement to identify households which may be at an elevated risk of domestic violence and serious injuries in order to coordinate a rapid response. An assessment form was developed which asks questions that help determine if a victim is at elevated risk of injury. Patrol officers use these assessment forms when responding to domestic violence calls. If the victim’s answers indicate a serious risk, the department has put protocols in place which activates an immediate investigation.

...

inheritance in divorceFor the majority of people who get married, the assumption is that it will be "’til death do us part." Despite the high rate of divorce, most couples think they will beat the odds and live happily ever after. Typically, all the assets a couple acquires during the marriage are pooled – income, gifts, inheritances, etc. are all shared between the two spouses. The reality is, however, that at least half of marriages do end in divorce, with an even higher rate if the marriage is a second or third marriage.

Most divorce negotiations involve how finances and property will be divided between the couple, but what happens with the inherited assets? Unfortunately, in many circumstances, unless there was an agreement in place before the divorce, those assets just may be included in the marital estate. A person may be able to keep that expensive piece of jewelry their grandmother left them, but the value of that piece becomes part of the marital estate and the other spouse is entitled to receive something of equal value in their share of the marital estate. The same may be true for inherited real estate property, stocks and bonds, and cash.

There are ways a person can protect those inherited assets in the event their marriage does not work out. The first step is a prenuptial agreement. Engaged couples should consider prenuptial agreements for many reasons, and this certainly is an important one. A prenup can clearly outline that in the event of a divorce, inherited assets go to the spouse they were intended for and not considered part of the marital estate.

...

Posted on in Divorce
right of first refusalChanges to the Illinois family law that went into effect in January mean divorced co-parents will need to notify their ex-spouse any time they plan to leave their children with a caregiver for more than four hours. This could have a serious impact on long-standing child care arrangements, particularly in situations where a couple has been divorced for a longer period of time.

According to Illinois HB 2992, parents who share joint custody of their children must offer their ex-spouse the opportunity to care for the couple’s children temporarily before seeking third-party care for any period more than four hours. As long as the co-parent lives within a reasonable distance, they must be offered the opportunity to provide care before a babysitter can be hired and before the child can be left with grandparents or at a daycare facility.

This new clause is commonly known as "right of first refusal," and may lead to a significant change in families where the custodial parent usually leaves a child with grandparents or babysitters while running errands or a parent’s night out. They will now be required to notify their ex-spouse of their plans and give their co-parent the opportunity to care for the child during that time instead. An exception may be made in emergency cases. If the co-parent does choose to accept the additional time, they will be responsible for providing any transportation that may be required, except in cases where a different arrangement is agreed upon between both parties.

If you are a co-parent sharing joint custody and have questions about how this may impact current custody agreements or child care arrangements, we can help. Contact an experienced Arlington Heights family law attorney at A. Traub & Associates today for a consultation. Our qualified team of attorneys understand the importance of communication in child custody issues and will work diligently to reach a clear and concise resolution to your situation.

same sex coupleWith more and more states enacting same-sex marriage laws, there will also be same-sex divorces that take place. For many divorcing same-sex couples, child custody will also be a major issue to negotiate.

Many same-sex couples become parents by using either surrogate mothers or sperm donors. For couples who use surrogate mothers, often the surrogate’s eggs are fertilized with one or both of the male couple’s sperm and the baby is then the biological child of one of the spouses. With female couples, often one of the women are impregnated with a sperm from a donor and carries and delivers the baby, making her the biological mother of the child.

A new study has revealed that the biological parentage of children in same-sex relationships has, in the past, played a major role in how the courts are deciding who gets custody of the children. The author of the study, Dr. Abbie Goldberg, found that because there are no definitive laws that protect non-biological parents, they ultimately have no say in whether or not they will be allowed to stay a part of the child’s life that, up until the relationship breakup, they were considered the other parent.

...

Posted on in Children

how divorce affects childrenMultiple studies have all concluded the same thing: divorce is bad for children. But that is not to say that parents should stay together "for the sake of the children" since other studies have shown that can be just as emotionally damaging to children as well.

However, being aware of how children are negatively affected by divorce may help parents navigate the child through the healing process with as little emotional impact as possible. The following are some of the more recent studies over the past several years that have revealed some of the negative effects of divorce on children:

  • A study conducted last year by the University of Toronto found that children of divorced families begin smoking in much greater numbers than children with married parents. Women from divorced families were 39 more times more likely to begin smoking before they turned 18 years old and men were 48 percent more likely to begin smoking. There were 19,000 American people who participated in the survey.
  • Another study conducted at the University of Alberta concluded that children who came from divorced families had a greater chance of being prescribed Ritalin than children who live in households with both parents. The study looked at 5,000 children who were not on Ritalin and lived in two-parent households. Over a six year period, 13.2 percent of the children had their parents divorce. Almost half of those children were prescribed Ritalin, compared to only 3.3 percent of children whose parents were still together.
  • In 2011, the University of Wisconsin-Madison concluded in their study that children who come from divorced homes often fall behind other children in social skills and math scores. They are also more likely to suffer from low self-esteem, anxiety, and stress.
  • A 2005 study at the University of Utah found that children who come from divorced homes are more likely, as adults, to get divorced themselves. Researchers found that if one spouse had parents who had divorced, the couple was twice as likely to have a failed marriage. If both spouses had experienced their parents divorcing as children, then the odds that they would get divorced tripled.
If you are considering a divorce and are looking for an experienced Arlington Heights family law attorney, contact A. Traub and Associates for a consultation today.

joint custody after divorceDivorce is painful, sometimes unexpected, financially and emotionally draining and, most often, difficult on the children involved. Fortunately, the concept of shared joint custody between two responsible parents is on the rise.

For those residing in Illinois, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) recognizes joint custody as one of the two basics forms of child custody, the other being sole custody.

When it works well, joint custody permits continuing involvement of both parents in the lives of their children, providing them with a more encouraging outlook for the future.

...

cheating dating websiteThe online dating website Victoria Milan is marketed specifically for people who are seeking "discreet affairs." The site has conducted several surveys of its users to help gain insight in what clients who sign up are really thinking.

The site, which has users from all over Europe and North America, conducted a survey of U.S. clients to find out which city has the most active online users. And the winner is Chicago, where clients spend 25 percent more time on the dating site than clients in the rest of the country. Los Angeles came in at 21 percent higher than the rest of the country’s users, New York City at 18 percent, Houston was at 11 percent and Dallas came in at nine percent.

In another survey the site conducted, two-thirds of those survey admitted they would not cheat if it wasn’t for the internet. Sixty-six percent of users said that the internet gives them easy opportunities to stray, with all the social media sites that are available.

...

cost of divorce, Illinois divorce lawyer, Illinois divorce attorney, divorce financesYou have finally made the decision to get a divorce. Whether it is an agreed upon decision with your spouse or something you've decided on your own, there are several things you should do in order to help minimize the financial hit you could be facing.

According to financial advisors, one of the first things you want to get rid of is any joint loans and credit cards you have with your soon-to-be ex-spouse. Until your divorce is final, you and your spouse are both legally and financially responsible for each other’s debts, even if you had nothing to do with incurring the debt. If your spouse takes your shared credit card that and decides to go out and charge a whole new wardrobe on it, you are both responsible for the debt. Never assume that your spouse would not do something like that. Even the friendliest divorces can suddenly turn contentious.

Another mistake some people make is making all kinds of financial concessions in order to keep peace during a divorce in order to speed up the process. In some cases, couples opt for mediation rather than litigation, assuming that it will make the divorce process smoother. Mediation is best for couples who had a short marriage with few assets and no children, and couples with great communication skills. In other situations, litigation with attorneys for each partner may be a better option.

...

dating after divorce, children of divorce, Illinois divorce lawyer, Lombard divorce attorneySounds a bit strange, does it not? You are an adult, you have been married and you have been divorced. Currently you are on your own and now feel you are ready to take a chance on dating. Be prepared; your children may not be supportive of your decision.

According to Constance Ahrons, Ph.D, family therapist and author of "The Good Divorce" and "We’re Still Family," your decision to begin dating, no matter how long after divorce, is probably going to be received by your children with chilly resistance. It may also stir up a whole new cauldron of feelings for your offspring. In fact, your decision to begin dating may even be as traumatic an event as the divorce.

So how do you approach the subject? Try the following these tips and remember you are an adult and you are capable of making an informed decision.

...

Laughter, laughing, divorce, divorce rate, Illinois divorce lawyerAccording to Fun Trivia, laughing uses 53 of our muscles. Laughter, often revered as the best medicine, involves jiggling our facial, jaw and throat muscles, and ultimately tickling our Zygomatic and Risorius muscles. Did you ever consider that by flexing these 53 optimal muscles you could keep your marriage intact?

A new study conducted by University of Maryland sociologist, Philip N. Cohen, suggests that divorce rates will increase as our economy improves. The reason? Couples can finally afford to seek the services of an experienced divorce attorney to dissolve their marital ties and be financially secure in their decision.

So how could flexing these 53 muscles improve your chances of staying married as the economy improves? Co-authors, Amy Waterman and Andrew Rusbatch of "Save My Marriage Today!" offer the following advice.

...

social media, divorce, marriage, prenup, prenuptial agreement, premarital agreementWhen people think of prenuptial agreement clauses, what typically comes to mind are items such as property, financial assets and spousal support. However, due to how integral social media has become to our day to day lives, it is becoming more commonplace for couples to add clauses in their prenups regarding social media behavior.

These types of clauses are not just for celebrities or other people in the public spotlight. These types of provisions are for anyone who works in a business where their reputation is critical to success and could lose their job at even a hint of scandal.

Popular social media clauses include not posing any embarrassing or inappropriate photos or videos that could harm the other spouse’s reputation. This could also include what type of comments that a person makes.

...

Posted on in Divorce

cold feet, wedding, marriage, Arlington Heights divorce lawyer, family lawTwo separate studies have concluded that if a bride or groom develops "cold feet" before the wedding takes place, it could be a sign that there may not be a living happily ever after ahead.

During one of the studies, conducted by University of California, 232 newlywed couples were interviewed. In order to participate, all couples needed to meet the following criteria:

  • The marriage is less than six months old;
  • This is the first marriage for both spouses;
  • Neither spouse has any children;
  • Both spouses are over 18 years of age, but wives are younger than 35 years of age;
  • Both couples have at least a 10th grade education.

Of the 464 people the study interviewed, 47 percent of the men and 38 percent of the women admitted to being uncertain about getting married before the wedding. The conclusion of the researchers was that marriages where at least one spouse had doubts had poorer staying power after four years. Marriages where the wife had expressed doubts had two and a half times higher the divorce rate.

...

Posted on in Divorce

online divorce, DIY divorce, Lombard divorce attorney, Lombard divorce lawyer, IllinoisWith the advancement of the internet, it is possible to enjoy all the goods and services we have become accustomed to without ever leaving home. We can order our groceries, style a new wardrobe, do our banking, pay bills and chat with our doctor all from the convenience of our homes. However, the internet does not make us all experts on everything. It is not recommended that you file for divorce online, where scams and false information can be common.

If you are contemplating divorce, the American Bar Association hosts an informative research page providing answers to frequently asked questions and a divorce term glossary. Reputable sites can be helpful but beware of lesser sites offering a quick and affordable online divorce options.

Websites offering you a quick, affordable online divorce can prove perilous for the following reasons:

...

cohabitation, marriage, Illinois family lawyer, Illinois family law attonreyCohabitation before marriage is becoming more common than in the past. Nearly 50 percent of all women have chosen cohabitation, often putting off marriage for up to two years, according to US News & World Report.

Studies have shown that for some, this living arrangement has proven to be a better option. Today Health reported that cohabiting couples appear happier and hold greater self-esteem than their married counterparts. Why? It is believed that cohabitation allows for increased independence and personal growth while in a committed relationship.

Of course in any relationship, ground rules are important. If you are opting to cohabitate, these quick tips may establish your personal boundaries, leading to a healthy and happier existence.

...

maiden name, name change, marriage, divorce, Illinois family lawyer, Illinois divorce attorneyAccording to a study that spanned 35 years and was published in Social Behavior and Personality, just under 25 percent of women who married in the 1990’s kept their maiden name. In the 2000’s, this number leveled off at around 18 percent. More women in the Northeast (20 percent) keep their maiden names than women in the Midwest (4 percent).

When going through a divorce, women are given the option of keeping their married last name or going back to their maiden name. For women who are undecided at the time of the divorce, it’s important to make sure that it is clearly spelled out in the final divorce decree that they may do so in the future. Otherwise, it will be necessary to go back to court in order to have the divorce decree amended.

There are several things to consider when deciding which last name to use after a divorce. If there are children from the marriage, some women make the decision to keep their married name in order to still share the same last name with their kids.

...

divorce papers, serving divorce paperwork, Illinois divorce lawyer, divorce attorney,For those residing in Illinois, divorce papers can either be served in person by a spouse, or through a process server. It is best to retain an experienced Illinois divorce attorney to assist you in determining the best option for your situation.  Your attorney will request the filing of a Petition for Dissolution of Marriage or Precipice for Summons with the circuit court to begin the process.  

Illinois state law, Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5),  requires that any defendant of a lawsuit, which includes your spouse if you are the filing party, must be informed of any pending legal action. You must "serve" your spouse with a notice of divorce or service of process.

Illinois has requirements for this process and all must be satisfied before you can move forward with your divorce action. The following is a brief description of state requirements for informing your spouse of the divorce:

...

children of divorce, life after divorce, Illinois family lawyer, Illinois family law attorneyAccording to a study conducted at the University of Wisconsin-Madison, children whose parents are divorced may suffer from low math test scores. The study also revealed that divorce may hamper the development of interpersonal skills in children, as well as cause children to struggle with low self-esteem, sadness, loneliness and anxiety.

The results of the study indicate that children do not suffer with these issues before their parents’ divorce, despite what the home situation is. These problems tend to appear after the breakup has already occurred.

Author of the study, Hyun Sik Kim, studied data provided by the Early Childhood Longitudinal Study. The study tracked 3600 students from kindergarten through fifth grade, beginning in 2008.

...

child of divorce, children of divorce, Arlington Heights family law attorneyNo matter what age children are, divorce can cause them to experience a wide-range of emotions and fears about what will happen to them. Feelings of anger, confusion, sadness and guilt can weigh heavily as a child watches his family fall apart.

Parents can help transition children and ease the impact divorce can have. Here are steps that family counselors recommend parents share with their children:

  • One of the most important things to stress to children is that the divorce is not their fault. Many children think that it is something lacking in them that causes their parents to argue and think if only they were better at school, better in sports, better behaved, etc. It’s also important for children to know that isn’t their responsibility to "fix" the marriage. Details of issues between the parents should not be shared with the children.
  • Children’s feelings are their own and there is no right or wrong way to feel about the divorce. If parents fighting have been a family norm for a long time, children may even feel relief that the marriage is ending. Let them know no matter what they feel, it is okay.
  • Reassure children that both parents love them. Whatever feelings may have changed between Mom and Dad, that doesn’t change how much the parents love the children. And regardless of the fighting that is going on between you and your spouse, try to present a united front to your children.
  • Explain to the children that each parent expresses their love in different ways. Time spent, money spent, trips taken, etc. are ways that children sometime use to measure how much a parent "really" loves them. Sharing with child that these are things that are often determined by time and financial circumstances of the parent and do not reflect how much they are loved.
  • It’s critical for children to know that their relationship with each parent is private and independent. Parents need to respect the child’s relationship with the other parent and should never pry.
Even in the friendlies of divorces, child custody disagreements can turn into major issues that need to be negotiated. If you are considering a divorce, contact an Arlington Heights family law attorney to find out what your options may be.
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top