Posted on February 11, 2019 in Divorce

When two people get married, their financial situations change. The same is true in divorce. In Illinois, spouses who earn less money typically receive spousal maintenance (formerly known as spousal support or alimony). Here is a look at how spousal maintenance is calculated.

What Is Spousal Maintenance?

Spousal maintenance protects the individual in the marriage who makes less money and who would, therefore, be at an economic disadvantage in divorce. For example, one spouse may have stopped working to raise the family while the other maintained a high-paying career. Maintenance is meant to maintain the standard of living for both former partners.

When the divorce process begins, spouses usually wonder how much maintenance will be paid and for how long. Spouses can reach a spousal support agreement on their own, or the court will base a determination on:

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 Posted on February 07, 2019 in Estate Planning

If you have aging parents, you have probably already noticed a certain amount of role reversal. As children grow to adults and parents get older, it sometimes becomes the child’s job to help his or her parents manage life’s challenges. If you have worried that your parents do not have adequate estate plans in place but are unsure of how to broach the subject, experts have some tips to help.

The Risk of Dying Without a Will

Although they are arguably one of the most important documents a person could write, many people pass away without ever having written a will. When the world famous singer Aretha Franklin died last year at age 76, she had no will or trust to direct how her assets should be handled. Her lawyer explains that he encouraged her to draft a will or trust for years, but she never did. Her four children must now endure a public probate process which could take years. Passing away without a will leaves private decisions up to strangers and impersonal state laws. It can also have a negative financial impact on the decedent’s estate and his or her surviving family.

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 Posted on February 05, 2019 in Asset Division

The annual military divorce rate is not as high as many people believe. The divorce rate has remained at 3 percent over the last four years. Numerically speaking, 21,290 of 689,060 married troops divorced in 2017.

The legal issues surrounding military marriage and divorce can be difficult to understand, as military law is different than civilian law. Over the past few years, many changes have been made regarding military pension and its division with divorcees.

The Frozen Benefit Rule

This law is meant to benefit military members of all branches. This includes the Army, Navy, Air Force, Marines, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service’s Commissioned Corps. The law comes into effect for military personnel going through a divorce. Under this law, a member’s rank and pay are frozen at the time of their divorce. This means the pension received by the individual’s former spouse will match the rank and pay that the member was receiving at the time of the divorce. Therefore, if the military member receives a higher rank, the former spouse will not receive additional compensation.

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 Posted on February 04, 2019 in Divorce

Often when people fall in love, they get married to show their commitment to their partner. It is a significant gesture and an even bigger step in a relationship. A wedding is supposed to be one of the happiest days of your life, so after a divorce, it may feel hard to love and accept yourself.

There is no right or wrong way to feel during or after a divorce. Everyone has different experiences depending on the length of the marriage and if children are involved. In some cases, a divorce may be the best thing for everyone, although it may not feel that way at the time.

Even if your divorce is a mutual decision, it is still normal to feel rejected or depressed after separating from your spouse. Here are some tips to help manage your divorce emotions.

Emotional Health

Your marriage, at one time or another, was a loving and happy relationship, so it is important to allow yourself to mourn the loss. Even if you are glad to be divorcing your spouse, there may still be a void from your relationship with them. Most people, divorce or not, can benefit from therapy. Consider working out your feelings with an unbiased party who can help you channel your emotions in a positive direction.

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 Posted on January 25, 2019 in Estate Planning

There are many misunderstandings about wills and estate planning in general. People incorrectly assume that they do not need to worry about estate planning until they have retired or that only the rich need a last will and testament. The reality is that having a will is beneficial to people of all ages and lifestyles. Passing away without a will means that strangers will decide how your property and wealth is managed and distributed to heirs instead of you. Although it can be difficult to make decisions about what will happen after you die, creating an estate plan put you in control of the assets you worked so hard to earn. The following are the most compelling reasons to stop procrastinating and get started on your will today.

Choosing a Guardian for Children if You Pass Away

If you are a parent of minor children, have you ever considered what would happen to your children if you passed away suddenly? Even a family with two parents can be struck by an unexpected tragedy which leaves the children parentless. A will allows you to name a legal guardian or guardians for your children if the worst happens. Parents who pass away and did not name a legal guardian for their children leave that decision up the court.

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 Posted on January 23, 2019 in Divorce

Your adolescent child may be closer to being an adult than an infant, but your son or daughter is at a transitional time in their life when it comes to emotions and self-esteem. Teenagers may appear adjusted to the idea of their parents getting a divorce, but they often take it harder than younger siblings.

The World Health Organization classifies an adolescent as someone between the ages of 10 and 19. There are many things a child in that age frame can worry about, from acne to getting into the right college. The pressure to do well in school, maintain a social life, and participate in extracurricular activities can be overwhelming. On top of that, from puberty onward, there are physical and emotional changes that have a significant impact on a teenager’s life.

Telling your children that you and their other parent are getting a divorce is an intimidating task. After that conversation, it is important to keep a close eye on your older child’s emotional and physical well-being. They might not tell you they are having a tough time with the situation, but these signs will.

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 Posted on January 22, 2019 in Divorce

Abuse comes in various forms, and unfortunately, many people experience some form of abuse in a romantic relationship. The three most common forms of abuse are physical, sexual, and emotional abuse. While the definitions of physical and sexual abuse are fairly clear, emotional abuse can be difficult to detect.

Emotional abuse is classified as using a person’s emotions against them as a weapon of control. According to the National Coalition Against Domestic Violence, nearly half of women and men have experienced psychologically aggressive behavior by an intimate partner. Emotional abuse may not be easy to recognize, but it is one of the most common forms of abuse that occurs between partners and often leads to divorce.

Recognizing Signs of Emotional Abuse

Emotional abuse often breeds from the insecurity of one partner. The abuser often does not realize their words and actions are abusive. This is because emotional abuse usually starts small and continues to escalate as time goes on. The following are common signs of emotional abuse:

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 Posted on January 18, 2019 in Powers of Attorney

When creating your estate plan, it is vital to choose the right person to be your power of attorney, or agent. Powers of attorney have a tremendous amount of responsibility when it comes to estate planning, so choosing a representative who is accountable and trustworthy is imperative. A power of attorney document allows you to authorize someone to act on your behalf if you cannot do so due to illness or other incapacitation. The authority given to a power of attorney is largely dependent upon the document’s language. For help drafting a power of attorney document or for other estate planning assistance, contact a qualified estate planning attorney.

Types of Powers of Attorney

A non-durable power of attorney is designed to provide only a temporary solution. This document can be custom-made to authorize your agent to complete specific transaction. For example, you could give authorization to another person to sign a document that requires your signature if you are unable to do so yourself for some reason. A non-durable power of attorney terminates when you lose the mental capacity. Alternatively, a durable power of attorney is a more permanent solution which stays in effect even if you become incapacitated and cannot manage your own financial affairs. Both types of power of attorney can be designed to give your agent the level of authority you feel comfortable with.

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 Posted on January 16, 2019 in Divorce

When getting a divorce, one issue commonly discussed is which parent a child spends time with and when in the form of a parenting plan. Parenting plans break down custody and visitation, or parenting time in regard to separated parents, from daily schedules to special circumstances like holidays.

After a divorce, other family members such as grandparents may want to spend time with a child as well. The relationship a parent may have with the grandparents of their child can change after a divorce. A parent’s rights come first, and each state has its own legislation regarding people who are not parents of the child. In Illinois, grandparents may have the right to visit with a grandchild, depending on the circumstances, after a divorce. This is also the case for stepparents, great-grandparents, and siblings.

Grandparents Visitation Rights

After a child turns 1 year old, a non-parent family member may file a petition for court-ordered visitation. This may be granted if one parent:

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 Posted on January 15, 2019 in Family Law

Getting pregnant and having a child does not always go as planned. Families come in many different forms, especially those created outside of marriage. Being married and having children do not always go hand in hand, but it often makes paternity much easier to establish. Here we will discuss Illinois parentage laws and proving paternity.

Presumed Parentage

Like many other states, Illinois has a presumed parentage law. The term presumed parent means an individual who is recognized as the parent of a child until that status is rebutted or confirmed in a judicial or administrative proceeding. The presumed parentage law makes it much easier for married couples to legally name a child as their own. This law was recently updated to apply to both opposite-sex and same-sex couples.

Though the presumed parentage law makes things easier on married couples, it can complicate parentage outside of marriage because life is sometimes more complicated than simply saying, "I do." Just because an individual is married does not necessarily mean their husband is the father of their child. Infidelity sometimes plays a role in pregnancy. This law can help make things easier on married couples, but it can also make it easier for a mother to avoid having a paternity test.

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