Recent Blog Posts
Serving Divorce Papers on a Spouse Living Abroad Under the Hague Service Convention
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.
Illinois First Responders Face Additional Challenges When Getting Divorced
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.
Five Things to Do After a Parent Passes Away
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.
Estate Planning During Natural Disasters or Pandemics
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:
How Can a Special Needs Trust Benefit a Loved One?
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.
Can I Get Visitation With a Child Who Is Not Mine in Illinois?
When parents are married, the court does not generally intervene in their division of household and child-raising responsibilities. When two legally recognized parents in Illinois are not married, they have a parenting plan that outlines how parental responsibilities are allocated and how much parenting time, otherwise known as visitation, each will be granted. However, not all families are the same, and in certain cases, people who are not the child’s parents can request visitation. This article will review some non-parent relatives who can be granted visitation rights under certain circumstances. If you want to pursue non-parental visitation, contact a knowledgeable Lombard, IL child custody attorney to learn more.
Illinois Grandparents Seeking Visitation
Grandparents can petition Illinois courts for visitation with their grandchild. As in all matters that impact a child, the court will only consider this request if it can be convinced that it would serve the child’s best interest. Grandparents can seek visitation only under certain conditions. For example, if the child’s parents were never married, do not live together, or one has been missing or dead for at least three months.
Legal Aspects of Planning Your Own Funeral in Illinois
When people think about estate planning, trusts and wills often come to mind. There is a big focus on setting up arrangements in the present to leave assets behind for loved ones in the future. However, a major topic that is sometimes overlooked is funeral planning. While contemplating one’s own death is not generally a favorite pastime, preplanning a funeral can be an excellent way to ensure you get the final sendoff you want without loved ones needing to scramble to make proper arrangements. If you are ready to think about planning your funeral, a qualified DuPage County, IL estate planning lawyer can offer useful guidance.
Why Should I Plan My Funeral?
When you plan your future funeral, you get the benefit of having arrangements that are:
- Customized: You can tailor your service to suit your preferences. Whether you have opinions about religious aspects, aesthetic factors, musical choices, or anything else, they can all be incorporated into your funeral.
When Exes Disagree About Homeschooling in Illinois
Most parents send their children to school, but homeschooling is growing in popularity. It is a big commitment to take responsibility for your child's education rather than entrusting it to trained teachers. While certain standards must be met, the teaching parent is largely free to tailor a curriculum to the child’s needs.
Homeschooling can be beneficial, but it has its drawbacks too, with limited socialization and potential for lower-quality teaching. It can become a problem for parents who share custody but are not on the same page about education. If your ex opposes your homeschooling your child, an experienced DuPage County, IL family law attorney can help navigate this.
Illinois Parental Responsibilities Explained
Child custody in Illinois is divided into two categories:
Business Succession Planning in Illinois Estate Plans
When it comes to estate planning, many business owners often overlook the importance of business succession planning. However, this type of planning ensures that your personal or family business continues to thrive even in your absence. Contact a lawyer to explore why including business succession planning in your estate plan is vital, especially for Illinois entrepreneurs.
Protecting Your Legacy
One of the primary reasons for business succession planning is to protect the legacy you have built over the years. A well-structured plan ensures that your business continues to reflect your vision and values. Business succession planning also ensures:
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The continuity of operations – A clear succession plan prevents disruptions in business operations during transitions.
Does Illinois Require a Parent Education Class for Divorcing Parents?
The state of Illinois requires parents to complete a court-approved parent education course whenever they establish a first-time parenting plan. This applies to both married parents going through a divorce and couples who were never married but are now requesting a custody ruling by the court. In some cases, the court may require parents to take the course again if there has been a request for modification to the original court-approved or court-ordered custody plan.
If a parent does not complete the course, his or her parenting time could be impacted. Your Illinois family lawyer can help guide you through which class is appropriate for your situation.
How Do the Classes Work?
The purpose of the class is to provide parents with the information and tools to help them co-parent in a cooperative manner and to help them provide support for the child as the family navigates through the divorce/breakup process.
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