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Posted on in Children

related adoption, foster parent, Illinois family law attorneyAdoption can be a wonderful opportunity, and one that is particularly appealing to adoptive parents who are actually related to the child. This type of adoption is known as a related adoption or a kinship adoption, and it is among the common method of adoption in the state. In fact, related adoptions are preferred by state agencies, as they are required to give preference to relatives when making adoptive placements for children in their custody. Adoption laws in Illinois specifically require state-sponsored agencies to make reasonable efforts to identify and locate a child&s relative when out-of-home placement is needed.

Federal and State Compensation

In order for a state to be eligible to receive assistance from the federal government for foster care and adoption programs, federal law, under the Social Security Act, requires that agencies within the state "consider giving preference to an adult relative over a non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant state child protection standards."

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prenuptial agreement, prenup, Arlington Heights Family LawyerWhen you make the decision to marry someone and share your life with him or her, the romantic love that you feel is often intoxicating. Your idealistic vision of the future make take over, and, as the wedding day gets closer, it may not even occur to you that you are entering into a business partnership as well as a romantic union. Throughout history, however, marriage has been an arrangement of shared property, while the romantic aspect of marriage has really only evolved relatively recently. Modern marriage, as combination of social contract and romantic love has led to the increased utilization of prenuptial agreements to protect the financial interests of each spouse.

For many, the concept of a prenuptial agreement is closely tied to a prediction of failure, as such agreements necessarily consider the possibility of divorce. This is often seen to be in direct contrast to the idea of marrying for love and living "happily ever after." As such, couples frequently struggle with the dilemma of making practical, yet seemingly cold preventive arrangements, or relying on love and trusting that things will be fine.

However, a large number of prenuptial agreements are drafted not only in anticipation of a potential divorce, but also as security in the event of a spouse&s unexpected death. Indeed, providing for your surviving spouse after your death is its own romantic (and responsible) gesture. When considered from this perspective, prenuptial agreements can actually bring harmony to your marriage by settling financial issues and keeping them from creating conflict during your life together and afterward.

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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:

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remarriage, Lombard, Illinois, divorce lawyer, divorce attorney, Downers Grove Family Lawyers, second marriage, multiple marriagesThis command performance may not guarantee you a gold star on the Hollywood Walk of Fame, but if considering marrying your former spouse, you would be sharing center stage with the likes of Liz Taylor; Marie Osmond; NeNe Leakes, Pink and even Judge Judy, just to name a few.

Will it be a marriage of infinite syndication? Probably not. Psychology Today reports that over 60 percent of all repeat marriages are prone to cancellation. Evidence shows that repeat marriages fail quicker than the premiere episode. Lois Tarter, author of  The Divorce Ritual and contributor to the Huffington Post, believes there are a few steps to be taken when contemplating Act II with your former spouse.
  • Time – take it. Make sure all emotional wounds have healed. Confront and resolve any outstanding issues before the anticipated wedding date;
  • Honesty is truly the best policy. Both of you will need to reestablish trust. Be open to accepting your responsibility for the failed first marriage;
  • Children – take them into consideration. Hold off just a bit before informing the kids of your reconciliation their emotions may still be in turmoil;
  • Counseling is likely a good idea. Consider individual, couples counseling or marriage classes. Keep all things topical on a regular basis. Avoid misconceptions and old habits.
If you are considering a second marriage with your former spouse, congratulations, break a leg. If you want to truly associate yourself with the likes of Liz, Marie, NeNe, Pink and Judge Judy, perhaps before taking your farewell performance, it may be in your best interest to contact an experienced Downers Grove family law attorney to discuss your options for drafting a prenuptial agreement to safeguard your financial assets, just in case your shining star fizzles out. The legal team at  A. Traub & Associates understands the cosmic complexities of marriage and divorce. If you find yourself in the throes of either we can help. For those facing the dissolution of a marriage we will take the time to listen and address all of your concerns. For those planning a walk down the aisle, even if it is the second time around, we can discuss all benefits of drafting a prenuptial agreement to safeguard your financial assets and provide you with peace of mind. We offer consultations to those residing in DuPage, Will, Cook and Kane Counties. Contact us at 630-426-0196 today to learn more about your options.

children of divorce, Lombard, Illinois, divorce attorney, family lawyer in IllinoisYou are thinking of meeting with a divorce attorney and wonder what impact your decision will have on your children. You understand the tension and uneasiness blanketing the house may soon dissipate and you and the kids can settle into a more harmonic routine. You worry a bit about how the kids will handle the absence of their other parent, but take some comfort in their resiliently. You are not expecting any changes in their behavior as all things fall into place.

Researchers, Daniel S. Shaw and Erin M. Ingoldsby of the University of Pittsburgh disagree. These colleagues have researched the conceptualizations of the impact of divorce on children and how they tend to adjust to the overall situation. By highlighting sections of their Children of Divorce you may gain a better understanding of the behaviors on the horizon as your children adjust to the new family dynamics. Externalization Problems

This is the most consistent finding when it comes to how a child may process the situation and brings to the surface personal difficulties with delinquency, aggression and disobedience.

Internalization Problems

Although this is less compelling than the evidence of externalization issues, research suggests difficulties are more common in girls than their male counterparts. Female children of divorce are more likely to experience depression, anxiety and personal feelings of distress.

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Posted on in Divorce

military divorce, divorce lawyer, reason for divorce, Illinois attorneyMilitary life can be difficult, particularly during wartime. As couples are forced to spend time apart and deal with the stresses that deployments present in addition to normal marriage challenges, it can sometimes strain a marriage to the point of divorce.

According to a recent RAND Corporation study, the divorce rate among military families increases directly in relation to the length of the deployment. Researchers found that more cumulative months of deployment increased the risk of divorce among couples, particularly for female service members. Though it is believed this may be because cumulative deployment is harder to adjust to in couples where the service member is female, this was not specifically addressed by the study. While any deployment increased the risk of divorce in military families, deployments to war zones in Iraq and Afghanistan resulted in a higher rate of divorce than those deployed elsewhere. The divorce rate was also higher for couples married before the terror attacks on September 11, 2001. Those couples were 28 percent more likely to divorce than military couples who married after the attacks. Researchers believe this may have been because couples married after 9/11 were more prepared for the challenges posed by military life than those who were married earlier. Interestingly, the risk for divorce is lower among military families that had children. Military life is not easy under any circumstances, but deployments into a war zone can be incredibly stressful. Unfortunately, sometimes a marriage cannot be saved no matter how hard both parties try. If you are considering filing for divorce, having a qualified attorney on your side can help. Contact the experienced family law attorneys at A. Traub & Associates, Attorneys at Law today. They can help ensure that the divorce process goes as smoothly as possible for you and your family.

Posted on in Divorce

The holiday season is full of activity and good cheer as people head out to numerous gatherings with family and friends. For people who have recently divorced, however, this season can lead to feelings of alienation, isolation, and loneliness as they try to cope with the realities of being surrounded by loving couples at parties and gatherings. Others may be strained financially due to the legal costs of the divorce process and feeling stressed about buying gifts.

surviving the holidays after divorceIt does not have to be that way, however. According to Forbes, the stigma that once accompanied divorce has all but disappeared. Almost everyone knows someone who has divorced or is filing for divorce, and most people understand both the feelings of relief and the grief as well as the financial strain that can accompany the life change. Instead of lamenting over your single status this holiday season, consider celebrating this chance to start over instead.

There are a number of ways you can keep your spirits up during the holidays. One of the easiest is by finding ways to fill your time. Don’t avoid getting together with friends and family members just because you are newly single. Make arrangements to spend some time with other single or divorced friends, and spend time with supportive family members. If your spouse ended up with many of your household goods, consider throwing a holiday divorce shower. Create a registry for items you now need for your household and when someone asks how they can help, let them know about it. For divorced parents who find themselves without their children, consider using the kid-free time to take a grown up holiday vacation or some other activity that isn’t necessarily kid-friendly.

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Couples who are hoping to make a difference in the lives of children in Illinois have a number of options available to them through the Illinois Department of Children and Family Services (DCFS). While many people consider adoption before other options, agreeing to foster a child or taking guardianship can also provide an option under Illinois family law. Before choosing, it is important that potential parents understand the difference between these three options.

Illinois foster care, guardianship, adoption lawFoster Care

Agreeing to foster a child can make a huge difference in their life. In this option, families agree to give a temporary home to a child who has been removed from their home due to unsafe conditions. While this option is intended to be temporary, it can have an enormous impact on the child’s life. In some cases, it may not be possible for a child to be returned to their former home. Foster parents may be given the option to adopt the child if this happens.

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On October 28, 2013, the state of Illinois, led by Attorney General Lisa Madigan, filed a lawsuit against Adoption Network Law Center based in California. The defendant is an online adoption agency that has broken numerous state laws by advertising and soliciting online adoption customers from the state of Illinois. The attorneys here at Angel Traub and Associates are carefully watching this case in order determine what effects it will have on adoption law in Illinois.

Illinois adoptionState of Illinois v. Adoption Network Law Center

The defendant, Adoption Network Law Center, is a California based online adoption agency and one of the very first websites that comes up in "online adoption" searches in Google. On their website, Adoption Network Law Center promises simple adoptions for a fee. In the State of Illinois' lawsuit it is alleged that Adoption Network Law Center is not certified by the Illinois Department of Children and Family Services (IDCFS) to provide adoption services, and thus is in violation of the Illinois Adoption Reform Act. Preceding the lawsuit, the attorney general sent cease and desist letters to Adoption Network Law Center and similar online adoption websites. Adoption Network Law Center did not stop advertising in Illinois, and as a result the above mention lawsuit was filed.

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Illinois is known throughout the country for being one of the toughest places to recover child support judgments. The difficulties of maneuvering the Illinois court system are legendary, with many parents spending years and countless amounts of money trying to recover back due child support payments with no avail. A new law has been passed though, which provides a viable option for parents to reclaim child support payments. On August 12, 2013, Governor Pat Quinn signed into law a bill that will allow race tracks and casinos to garnish prize money earned at these establishments and allow it to be applied to past due child support payments.

child supportEarlier this year, the state of Illinois reported that over three million dollars of past due child support was owed to local Illinois parents. Illinois is a highly litigious state with an extremely complicated court system that can be daunting to the average citizen. The situation of recovering child support can be even more complicated when the party owing child support is self-employed, a job-hopper and/or resides in a different state. The attempt to recover child support can be an extremely expensive and time consuming process that guarantees no actual payment, even when arrest warrants and judgments are issued against the party owing child support.

Under the law, Illinois gambling locations are required to post signs that alert gamblers to the fact that prize money earned could be garnished for any persons whose name appears in the Department of Healthcare and Family Services system. The earnings are then given to the Department of Healthcare and Family Services, who will then distribute the earnings to the parents owed past due child support. The sponsor of the bill, Dunlap Republican Sen. Darin LaHood, believes that the law will allow for around one million dollars to be recovered within the first year of being enacted.

The Illinois Gambling Law is a big feat for those parents seeking to recoup past due child support. Typically, a judgment can be entered for past due child support, but that is no guarantee that the owing party will be forced to pay, or even has the means to do so. The law takes money that the defendant has recently earned, and gives it directly to the parent of the child who is owed money. Call today to discuss the effects this law will have on your current child support situation with one of our family law attorneys here at Angel Traub and Associates in Arlington Heights, Illinois.

Posted on in Divorce

joint custodyIllinois law directly acknowledges that neither separation nor divorce should affect either party’s parental rights or responsibilities, unless the court finds a good reason to do so.  However, the top priority for family courts in this state is to ensure that custody arrangements are in the best interest of the child or children involved.  In determining the best interest of the child, courts look to many different factors, such as:

  • The wishes of the parents;

  • The wishes of the child;

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Everyone had a different experience growing up.  Whether you had one parent, two parents, or another legal guardian, your childhood was unique.  Recently, there has been a rise in a new kind of family unit, one where grandparents are the primary caregivers of their grandkids.

A new research study by US2010, a project that is reviewing changes in American society, uncovered this news.  The ongoing research is managed by sociologist John Logan and funded by Brown University and the Russell Sage Foundation.  Their data showed that over 7.5 million children in the United States lived with their grandparents in 2011.  That averages to one in every ten children across our nation.

The factors that have lead to this increase over the last 25 years are vast.  AARP expert on multi generational and family issues, Amy Goyer, cited the recession as the primary cause.  It is mutually beneficial for many generations to share housing costs and other expenses.  Grandparents are cheap and easy babysitters that can allow parents to work longer hours and keep a better portion of their paychecks.  There are other contributing factors such as:

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Posted on in Divorce

Marriage and Family Therapist Virginia Gilbert says that there are many symptoms of PTSD that affect divorcing and divorced individuals. An afflicted person might have health issues, nightmares, obsessive thoughts, and generalized anxiety that presents as hyper vigilance. When there is extra tension or a history of violence in your relationship, it’s not uncommon for the emotional stress to manifest physically.

Gilbert has tips for those in these types of situations. She states that it’s vital to focus on what you can control. If your ex is abusive, struggling with an alcohol or drug addiction, or mentally ill, you can create high levels of anxiety by worrying constantly about what he or she might do. Instead, focus on the fact that your choice to get a divorce is what is best for you, and keep reminding yourself about what’s in your realm of control and what is not.

Getting support from others and compartmentalizing your life can help significantly when handling these challenges. In high-conflict situations, it’s easy to let the divorce become the primary aspect of your life, but force yourself to add other activities and downtime to your schedule. It’s not healthy for you emotionally or physically to become consumed by the divorce. Choose one or two friends that you can speak to and rely on them when things reach fever pitch. Find a meditation technique or exercise that helps you clear your mind, as interacting with the spouse can tend to flare anxiety and PTSD symptoms.

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Posted on in Uncategorized

These days, digital dating is becoming more popular every day. According to the Pew Research Center, one in ten Americans has made use of an online dating site or mobile application. Especially if you are recently separated or divorced, online dating can reduce some of the anxiety about getting back into the dating world.

Online dating is certainly not new anymore, but as it becomes used more widely across multiple generations, it’s helpful to have a few tips in the back of your mind to make the most out of your experience. Follow this advice to get your feet wet in the world of online dating:

Take Time To Get To Know Someone

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It is often thought if a marriage lasts ten years or longer, the likelihood of divorce is less. However, according to a report in the Huffington Post, a few factors can challenge marriages that have lasted decades.

 Nothing in Common

After the children have left home for college, many couples feel that they don’t have much in common anymore. The marriage is now less about parenting and more about being friends and companions. This is where the true connection between the couple is bared and unfortunately, sometimes there is not enough there to keep both spouses in the relationship.

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Assuming that prenuptial agreements are only being used by those individuals with extreme wealth is a mistake. A survey conducted by the American Academy of Matrimonial Lawyers demonstrates the increasing requests family attorneys are getting to draft these documents.

Of the attorneys surveyed, two-thirds reported seeing an increase in the number of prenuptial agreements completed in the past three years, but nearly half also noted that there are more women requesting the documents these days. The shift in awareness and requesting behavior could be due to a higher level of financial awareness on behalf of both men and women; being shaken by the recent economic collapse might clue people in to what they have to lose as well as make them more conscious about how to protect it.

The same attorneys participating in the survey remarked that the top three issues most often covered in prenuptial agreements were alimony, separate property, and division of property. Other recent research has indicated that more people believe that prenuptial agreements are a crucial component of pre-wedding plans, however unromantic they may seem.

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Doug and Chris Maulden-Locke, from Virginia, moved from Maryland and then back to Virginia again during the process of adoption. The couple waited to get through the pre-adoption background checks for eight months before finding a baby in just 10 days. The couple had to go before a Maryland judge for the final adoption approval, a process that has been challenging for same-sex couples before. With the unique nature of pursuing adoption as a same-sex couple, hiring an adoption attorney is more important than ever.

In some jurisdictions around the country, it’s rare for judges to approve adoptions where same-sex couples are involved. Slowly, however, judges and jurisdictions are paving the way for these individuals to bring a new child into the homes of loving parents. Although decisions used to be made on a judge-by-judge basis, the greater cultural trend of valuing the potential societal value of qualified same-sex adopted parents is making it easier for these couples to grow their families.

In Illinois, there are several requirements to be an adoptive parent. These individuals can be single, married, or divorced. In some cases, these individuals or parents may already have birth children, but those who do not are also eligible to adopt. These parents must be able to financially manage the addition of a child to the family (no strict income requirements are in place, however). The adoptive parents must be free of criminal histories that would stop the adoption licensing process, and they must have space for another child in their home. Home ownership is not required.

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As prenuptial agreements become more and more popular, many married people may be thinking that they wish they could have a prenup. But it’s not too late; a prenuptial agreement created after a couple is married is called a postnuptial agreement, but is, essentially, the same as a prenup.

People who choose to enter into a postnuptial or postmarital agreement do so for many reasons. One reason is if one spouse creates a business, the business partners may ask the spouse to sign and agree not to make a claim on the business should the other pass away or if they become separated. This will prevent a fight over the company from occurring if the couple divorces, and prevent a fight between the business partners and spouse if the spouse who took part in the business passes away.

Spouses may also choose to sign a postnuptial agreement if they have separate properties, which they use to buy a joint property. The agreement will ensure that the spouse with the separate property will still get the same benefits that he or she would have if the properties had stayed separate rather than purchasing joint property.

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Posted on in Child Custody

When a person is in a situation in which he or she does not know the father of a child, many questions and concerns arise. Although the mother is more likely to know who the father is, she may not always know, and a father may not believe that he is or is not the father.

 Father and son- your family law attorney can help you with paternity questions.A simple fix to the solution is to get a paternity test. Some parents choose to do this before the child is born and others choose to wait until after the birth. Sometimes, parents just choose to believe that someone is the father even though they are not completely sure. Once a test is complete, though, many people still have questions.

The American Pregnancy Association took the time to answer a few questions about paternity tests:

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Posted on in Domestic Violence

Abusive relationships have been around as long as relationships have been around. The reason that there are more statistics about abusive relationships today, is that in the past is that the abused victims today are doing something about it. People are not taking the abuse and there are others outside of these relationships to help them get out.

LucyIt’s not easy, once you are in an abusive relationship, to get out. The best option is to stay away from abusers all together. But how do you know if your new significant other is going to abuse you? Usually, you don’t, and that’s why so many people get stuck.

DomesticViolence.org helps to explain who these abusers are and how to spot them:

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