For many people, a divorce is a time of heightened emotions, including sadness over the end of your marriage, anger at your spouse’s behavior, and fear surrounding what will happen next. It can also be a huge source of stress, as you face the prospect of making important decisions that can affect the rest of your life, and possibly going through a lengthy trial or negotiation process. During this difficult time, it is more important than ever that you focus on your mental health while letting an experienced attorney help you navigate the legal proceedings. 

Strategies for Promoting Mental Health

It can be hard to put your mental health first with everything else competing for your attention during the divorce process, but here are some suggestions that might be beneficial:

When you are setting up your Illinois estate plan, it is important to consider more than just the laws that exist today. It is also a good idea to plan accordingly for rising interest rates. Of course, it is impossible to predict the future. However, there are some wealth-transfer strategies that could minimize the impact of estate taxes while also offering some additional tax breaks to trustees later on down the road.

Using Intra Family Loans

Some families opt to provide an intra family loan to their adult children, or they may transfer a promising investment to pass down an inheritance. Paired with a promissory note that requires the adult child to pay interest, the net returns of these investments are a tax-free transfer of wealth.

If you are getting a divorce and have limited financial means of your own, it is important to work toward a divorce resolution that allows you to support yourself and your children. Often, this means ensuring that your ex is required to make regular child support and spousal support payments after the divorce. However, these payments do not take effect until the divorce is finalized, which may put you in a difficult situation during the divorce process, especially if your spouse is unwilling to cooperate. If this applies to you, you may need to petition for temporary maintenance or support.

How to Petition for Temporary Support in Illinois

In the midst of the legal divorce process, you can file a petition with the court for temporary spousal support, temporary child support, or both. However, it is important to be sure that you have good reason to do so. With your petition, you will need to submit a financial affidavit explaining your need for support with fact-based reasoning. You will also need to submit documentary evidence supporting the affidavit, which may include your bank statements, tax returns, pay stubs, and evidence of any other income.

When creating an estate plan, most parents have the very best of intentions in mind. By taking the time to lay out their wishes, they are usually trying to not only manage their assets but also to provide for their heirs well into the future. Unfortunately, a lack of understanding of estate tax laws can lead to serious and significant mistakes—sometimes in the form of “tax bombs” for their children and grandchildren. You most likely have no intention of leaving behind unpleasant surprises for your heirs, so it is important to work closely with an experienced estate planning attorney to ensure that everything is arranged properly.

Tax Levies Will Vary

Tax levies—or the amount owed by an heir after receiving an inheritance or gift—can vary drastically, depending on a number of factors. Such factors include the size and value of the inheritance and how the asset was transferred to the heir. If, for example, a parent passes down an asset before his or her death, hoping to protect the asset from long-term health care costs or to avoid having the asset pass through probate court, the item can usually be considered a gift. Depending on the value of the gift at the time of the transfer and the amount originally paid for the item, the child may be required to pay gift taxes on the difference. The bigger the difference, and the higher the value of the item, the bigger that tax will likely be.

Advance Preparation May Protect Assets

Instead of using the gifting process to protect large assets from probate court or being chipped away at by long-term healthcare costs, individuals can utilize other planning and preparation tools to effectively manage their estate. One such example would be the use of a revocable living trust.

The decision to get a divorce is hardly ever easy, and it is understandable that you would want to pursue all other possible avenues before beginning the process of legally ending your marriage. You may even hold out hope for reconciliation if you and your spouse can find a way to work together to resolve your marital issues. If you feel that some time apart from your partner would be beneficial, a legal separation could be a good option, but you may wonder how, or if, reconciliation may be possible after you take this step.

Coming Together After a Legal Separation

A legal separation means that you and your spouse stay legally married but begin living separately. Depending on your financial and family situation, you may need to reach an agreement on spousal support, child support, and parenting time like you would if you were getting a divorce, but the option remains open for you and your spouse to end the separation if you both agree to do so.

Out of all the younger people who are considering creating a will, parents are most likely to see the value and importance of this legal document. In addition to knowing where their assets will be going, they want the added security of knowing who will be caring for their children in the instance that they can no longer do so themselves. Of course, this is a very difficult decision to make. The following tips are designed to help you on your journey.

Know the Why Behind Your Will

Sometimes, even the best-intentioned parents can put off making arrangements in advance because they mistakenly assume that the person they want to care for their children will automatically step up and be given these rights. Unfortunately, this is simply not the case. When there is no will (or when a guardian is not named in it), anyone can step up for the job, including extended family members that you may not consider suitable. In the event that more than one person comes forward, the judge would consider a variety of factors and then decide who will be given the responsibilities.

Accept That No One Else Will Compare to You

Probably the hardest step in choosing the right guardian for your child or children is to accept that no one will ever do the job quite the same, or as well, as you. There will be things about each person that may cause you to reconsider, but you must remember that the idea is to choose the person you feel will be best suited to responsibly, lovingly, and permanently care for your children. The following are points you may wish to consider:

When you think of adoption, chances are that you envision a situation in which a child in need is welcomed into a home and family that will love and care for them. It is true that most adoptions involve a child under the age of 18, but in Illinois, it is also legal to adopt an adult under certain circumstances. This process may not only cement a family relationship that the adopter and adoptee already feel on an emotional level, it can also provide the adoptee with important benefits under Illinois law.

When Can an Adult Be Adopted?

According to Illinois law, a person over the age of 18 can be adopted by someone who is related to him or her, such as a step-parent, grandparent, aunt or uncle, cousin, or sibling, or by someone with whom the person has lived for at least two consecutive years. If you wish to adopt an adult and you meet one or both of these criteria, you can file a petition with the local county court to do so at any time. Unlike with the adoption of a child, you will usually not be required to undergo a home investigation, nor will you need to obtain the consent of the adoptee’s current legal parents. Rather, you will only need to be sure that the adoptee himself or herself consents to being adopted.

In life, there are few absolute truths; the fact that things change is one of them. When such change includes divorce or remarriage, other aspects of your life—including your estate plan—must be adjusted to accommodate. Failure to do so can result in negative consequences, particularly for those who stand to inherit. So, if you are planning a major life change, it is important to know how you can address it accordingly in your Illinois estate plan.

Estate Planning After a Divorce

After a divorce, all of your financial documents must be reviewed and updated as needed. This, of course, includes all aspects of your estate plan, including your health or financial powers of attorney, beneficiaries, life insurance policies, and retirement accounts. Keep in mind, however, that these changes should be done according to the agreement made during your divorce. In some instances, the judge may rule that your ex-spouse remains a beneficiary on certain policies or accounts—possibly as security for maintenance or child support payments. Clarify these agreements whenever possible, and always request written confirmation from insurance companies or life insurance companies to ensure they have received your change requests.

Also, remember to make considerations regarding any family members of your ex-spouse. Under Illinois law, any provisions in your will and many other estate planning documents that pertain to your spouse are automatically voided when your divorce is finalized. However, this is true for your spouse only. Any provisions that you made in your estate plan regarding your spouse’s family will remain in effect until you change them. Failure to do so could mean that your in-laws will inherit a portion of your estate upon your death, and there will be little anyone can do about it at that point.

In most cases in which a child has two known, living parents, Illinois courts will determine that it is in the child’s best interest for both parents to share custody. In fact, in 2016, the state of Illinois changed the laws and language surrounding child custody so that the term “custody” is no longer officially used. Instead, these decisions are now referred to as the allocation of parental responsibilities and parenting time, out of recognition of the benefits of a cooperative arrangement. However, there are still situations in which a parent or another party acting on the child’s behalf can legally challenge the other parent’s rights to parenting time and parental responsibilities.

When Can a Parent Be Denied Parenting Time or Responsibilities?

First and foremost, an Illinois court will seek to establish a parenting agreement that serves the child’s best interests. It may be considered in the child’s best interests to restrict or deny one or both parents’ rights to parenting time and decision-making responsibilities if the parent:

Every day, our world becomes increasingly reliant on digital technology. In many ways, it has made life easier to manage. We can transfer money from savings to our checking accounts through our phones. We can deposit checks with the simple click of a button. We can change our investments in the blink of an eye. But, there are some blind spots when it comes to technology and the way we use it, especially when it comes to estate planning.

Overlooked Assets

One of the biggest issues with the digital era is that there are so many accounts in so many places, from social networks to music and video libraries, and even smartphone-accessible investment accounts. Sometimes, those planning to pass on their assets forget to list some of their accounts. In other instances, they simply did not understand the importance of their account. Alternatively, they may acquire the account after creating their estate plan and forget to update their plan to add it. Regardless of the reason, the end result of a forgotten account is the same: money that should have gone to one’s heirs is left on the table.

The Password Protected

Most accounts—whether they be social, personal, or financial—require that the owner set up a password to protect their account. Even when various accounts are connected, family members and estate executors must access the initial account. Unfortunately, if such individuals do not have the passwords, they are likely to experience a great deal of trouble gaining that access—so much so that the courts may not even be able to untangle the matter.

A divorce can not only change the lives of you and your spouse, it can affect your whole family dynamic. Your children will have to adjust to living in two different households, and the nature of your relationship with them may change, especially if you will not be spending as much time with them as you used to. However, your relationship does not have to deteriorate, especially if you continue to make an effort to foster love, trust, communication, and quality time with your children. Working with your co-parent can also help your children feel more at ease during this major life transition. 

How to Keep a Close Bond With Your Children

As you and your children acclimate to life after your divorce, here are some things to keep in mind that can help you maintain a strong relationship:

There is nothing wrong with a little do-it-yourself (DIY) work. In fact, there are few things that are quite as satisfying as a job that you have done well. However, there are times when a particular job is best left to the professionals. You would not try to completely rewire your house if you had no experience in electrical work. Similarly, estate planning should be done with the help of someone with working knowledge and experience in the industry. Granted, an estate plan gone wrong may not pose the same physical threat as an electrical DIY project, but there are still dangers that can and should be avoided.

The Importance of a Clear and Valid Estate Plan

When it comes to mistakes in estate planning, the future of your loved ones may be placed at risk. Efforts to save money in the short-term—such as using commercially available kits or DIY programs to create your estate plan—could end up costing your heirs more down the road. Unclear or improperly executed estate plans can take months, if not years, to hash out in probate court. All the while, your estate dwindles as a result of attorneys’ fees, taxes, court costs, and other administrative expenses. In some cases, this could take a sizable chunk out of your estate, which means you will be leaving behind a lot less than you had intended.

Common Mistakes Made in DIY Estate Planning

The opportunity for mistakes in estate planning are nearly endless. Some are more common than others, however. For example, many DIY estate planners use the wrong documents or make critical errors in their preparation. Others fail to accurately consider the tax implications of their estate. For example, a DIY estate planner may draw up a plan according to federal tax laws but fail to factor in how local state taxes will affect their estate. Or, they may attempt to consider both state and federal tax implications but improperly calculate their earnings or the value of their estate.

Divorce may be difficult for children of any age, but it can be especially confusing for toddlers who cannot fully understand their parents’ separation and the reasons for the change in their routine. If you decide to get a divorce while your children are still very young, you should be aware of the effects it may have on them and do everything you can to make the transition easier for them and continue providing them with a happy and healthy life.

Effects of Divorce on Young Children

Due to the stresses placed on your toddler both during and after your divorce, you may see some concerning changes in his or her behavior, including:

You do not have to be materialistic to become sentimental about a loved one’s possessions or to feel slighted by the contents of his or her will or estate plan. In fact, even the most down-to-earth people may feel a sense of injustice when a will or trust appears to have been altered, coerced, or otherwise manipulated. The good news is that if you have the right information and the right resources, you may be able to contest the will and put things right again.

Grounds for Contesting a Will

While any “interested party” may contest a will (siblings, children, spouses, etc.), the contesting party must have valid grounds for doing so. In other words, you cannot simply challenge a will because you feel like it was unfair, insulting, or mean-spirited. You can, however, contest a will if you believe one of the following is true:

When a married person decides to develop an estate plan, the person’s spouse will almost always be involved in the process. But, what happens if you are ready to start making a plan for the future and your spouse is not? You know your spouse better than just about anyone else does, so you probably realize that nagging him or her about it will probably not work. Begging or threatening is not likely to be successful either. There are, however, some things you can do to start the estate planning process despite your spouse’s reluctance. In doing so, you might just be able to convince your spouse that there is no time like the present to plan for what lies ahead.

Start On Your Own

Obviously, it would be best for everyone involved if your spouse decided to get on board before you start your estate plan, but if he or she continues to refuse, you should look for the things that you can do by yourself. For example, you can draft a will that addresses the assets that you own and specifies what will happen to them upon your death. If your solely owned assets are substantial, you might consider working with an attorney to create various types of trusts as well. Additionally, you can appoint a power of attorney for health care or property without your spouse’s input.
At this stage, you should also compile a list of your joint accounts and investments. If you outlive your spouse, there is a good chance that you will be responsible for these assets—especially if your partner never makes an estate plan. This will also be helpful to your heirs and loved ones if you and your spouse were to both die within a short period of time.

Before your marriage, you and your partner may have given significant time and consideration to the creation of a prenuptial agreement that clarifies each of your interests in and control over marital and non-marital properties. A thoughtful prenuptial agreement can be useful not only to smooth the process of a possible divorce but also to reduce uncertainty and increase comfort throughout your marriage. However, you may find in the years following your marriage that your original prenuptial agreement is insufficient or no longer relevant to your current situation. In this case, you may want to consider legally amending it.

Reasons to Amend Your Prenuptial Agreement in Illinois

As long as you and your spouse agree on the need to amend your prenuptial agreement, you can do so at any time. It is often a good idea to revisit your prenuptial agreement whenever there has been a significant change in your financial or family circumstances, such as:

Many people assume that estate planning is for the rich or for those nearing the end of their life. Is this really true, though? Does everyone need to create an estate plan, or is it just for certain people? Is there a correct time to start? Or are these just common misconceptions that get in the way of planning for the future? At our firm, we are here to help you better understand the purpose, intent, and timing of estate planning, and why you should consider creating one, regardless of your income level.

Not Just for the Rich

Despite the misconception surrounding estate planning, the process is not just for those that have a lot of money, property, or assets to leave behind. In fact, even those with relatively few assets can benefit from estate planning. There may be family heirlooms or sentimental items that your children or other heirs want. You may have final expenses, and you will almost certainly need someone you trust to close out your bank accounts, social media accounts, or other personal accounts. Additionally, if you have young children, it is important that you name a guardian for them to ensure they are raised by someone you trust.

No Time Like the Present

Waiting around to complete your estate plan is not a good idea. After all, tomorrow is not guaranteed, and the unexpected could literally occur at any time. Regardless of your age—be it 18 or 86—you should consider creating an estate plan now. While you are of sound mind, you can and should make decisions about whom should take care of your final matters, get your personal items, take guardianship of your children, and make medical decisions for you in the event that you become incapacitated in the future.

When a child’s biological parents are unable or unwilling to care for him or her, it is important to make other arrangements to provide for the child’s basic needs and well-being. In some cases, it is necessary for the Illinois Department of Children and Family Services (DCFS) to become a child’s legal guardian, at least for a time. However, most children benefit from a more permanent arrangement in a home with parents or guardians who love and care for them. Depending on the situation, this can be accomplished through adoption or guardianship, and there are some important differences between the two that you should understand if you are looking to become a child’s legal guardian.

Adoption Versus Guardianship in Illinois

Guardianship and adoption arrangements can both be made directly with the child’s biological parents or through DCFS. In both adoptions and guardianships, the parent or guardian assumes the responsibility to care for the child and provide for basic needs, and may assume the right to make important decisions on the child’s behalf, including education, medical treatment, and use of assets, provided that these decisions are in the child’s best interest. However, adoption and guardianship are different in a few key ways.

There is no question that every American adult should put some kind of estate plan in place to protect themselves in the event of the unexpected. Even a basic will could offer a level of direction and security for surviving family members and loved ones if a tragedy were to occur. Unfortunately, over half of all adults in the United States do not have any type of estate plan, including a simple will.

Many possible reasons exist as to why a person might not have an estate plan, but procrastination is certainly among the most common. Nearly everyone realizes that having an estate plan is probably better than not having one, but relatively few make estate planning a priority. Sadly, those who drag their feet often become the unknowing targets of scams run by individuals and entities looking to profit from the uncertainty and fears of those who are simply seeking the peace of mind that comes with having an estate plan.

The decision to get a divorce affects your entire family, especially any children that you and your spouse share. Throughout the divorce process, you will need to resolve important issues related to your children, including child support, parenting time, and the allocation of parental responsibilities. However, your children may factor into other important decisions as well, such as the division of marital assets. As you decide on the properties that will remain with each spouse, you should consider how certain properties may help you be a better parent and help your kids adjust to the changes that divorce brings.

Marital Properties That May Affect Your Children

In general, a fair distribution of assets is important so that both parents can continue to financially provide for their children as best as possible. However, certain tangible or physical properties may be especially important to maintaining a sense of normalcy for your kids. Some of those properties include: