Posted on March 07, 2018 in Paternity

The allocation of parental responsibilities, commonly called child custody, can be a complicated part of family law. When a couple who is unmarried has a child, there are different rights and responsibilities applied to each parent than if the couple is married. For example, a woman who gives birth to a child immediately has custody of that child. If an unmarried father wishes to claim legal paternity of the child, he must do so through one of several established ways.

Rights and Responsibilities of Unmarried Mothers

Mothers are automatically considered the primary custodian of a child they bear. This means that they have authority over decisions related to their child’s welfare as well as the responsibility to care for the child. More specifically, they have the right to make decisions about school, childcare, geographical moves, healthcare, religious affiliation, sports, summer camps, travel, and other aspects of the child’s life. It should be noted that there are some extreme cases in which a mother does not get custody of a child she gives birth to. For example, mothers who were found to have been using illegal drugs while pregnant can be disallowed immediate physical or legal custody of their child.

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 Posted on March 05, 2018 in Divorce

While all divorces are stressful and time-consuming to some extent, some divorces are more complex than others. One example of a highly complex divorce is one in which one spouse simply refuses to cooperate. He or she may attempt to hide assets in order to be awarded more of the marital property or tell lies about the other spouse in order to slow the divorce process or gain custody of children. In high-conflict divorces, spouses engage in hostile confrontation instead of legal negotiation about issues like spousal maintenance, child support, parenting time, or property division. High-conflict divorces require an attorney who is experienced at finding solutions to seemingly-unsolvable problems. In addition to hiring a dedicated attorney, spouses in the midst of a high-conflict divorce may find relief through the following suggestions.

Focus on the Future and Let Go of the Past

Complex divorces, like those which involve a totally uncooperative spouse, can be laborious. In addition to the legal processes that may need to take place, there is also a lot to process emotionally. Many spouses going through a high-conflict divorce are absolutely shocked that the person they once loved could purposely make their lives so difficult. Experts suggest that anyone ending their marriage allow themselves to grieve. Divorce is not unlike the death of a spouse in that although the other spouse is not technically gone, he or she may act like a completely different person once faced with divorce. Many divorcing individuals find that therapy helps them to grieve the end of their marriage and the loss of their partner.

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 Posted on February 26, 2018 in Divorce

If you have been considering divorcing your spouse, you probably have many fears and concerns about how this will affect your life. Going from being a part of a married couple to being a single person is a difficult transition – especially for those who have been married for a long time. Some unhappy spouses end up staying in a marriage they are not happy in simply because they are afraid of being alone. Fortunately, there are ways that you can help alleviate post-divorce loneliness.

Do Not Hesitate to Ask for Help

Divorce is one of the most stressful life events that exist. In fact, according to the Holms-Rahe Stress Inventory, it is second only to the death of a spouse in terms of the stress it brings. However, as many people can attest, staying in an unhappy marriage can be equally stressful. Do not be afraid to ask for help. Many people who get divorced find that joining a divorce support group or employing the help of a therapist greatly helps them navigate post-divorce life.

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 Posted on February 23, 2018 in Spousal Maintenance

The decision to get a divorce is among the hardest you will ever have to make. The process of divorce will likely present a large number of considerations for you to address. You and your spouse will need to decide who will get what assets, how you will parent your children after the divorce, and how to create new lives for yourselves. In many divorce cases, maintenance—also called spousal support or alimony—can be especially difficult to determine. It is impossible to place a value on your marriage, but the reality is that if one of you will struggle to make ends meet while the other is financially stable, maintenance may be necessary. If necessary, the court can make decisions about spousal support, but you and your spouse can also develop your own agreement that meets your needs while avoiding contentious courtroom proceedings.

Commitment to Cooperation

Anyone who says that divorce is easy is either lying or trying to sell you something. Divorce is almost always challenging, but more couples than ever before are approaching the process with a spirit of cooperation. In cases such as these, the spouses may have realized that their lives are better apart, but they still love and care for their partners and do not have any desire to create unneeded problems. If this describes your situation, you will probably be able to come to an agreement on maintenance quickly, efficiently, and without added stress.

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 Posted on February 21, 2018 in Divorce

Nearly all of us know at least one person who would describe his or her relationship status as “separated.” In everyday language, we generally take that to mean that the person is legally married but no longer living in the same home as his or her spouse. The situation may be a “trial separation” or the first action taken on the road toward a divorce. This type of an arrangement occurs so frequently that many people actually believe that separating is a prerequisite for a divorce. Such is no longer the case, at least for those who plan to get divorced in Illinois.

Proper Terminology

It is important, first of all, to understand that the Illinois statutes that govern divorce legally recognize just one type of separation. A legal separation is a formal declaration that is similar to divorce in most aspects, except that it leaves the spouses still married to one another. It is sometimes used by those who are morally or religiously opposed to divorce, as well as those whose divorce is expected to drag on for months or years. This is not what most people mean when they say they are separated.

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 Posted on February 16, 2018 in Divorce

The divorce process can be time-consuming and extremely expensive, especially if the proceedings drag on for many months or possibly years. In some situations, hiring a divorce attorney may be among a person’s largest expenses, but there are a number of other factors that can dramatically increase the costs of a divorce. While some people may be tempted to forgo hiring a lawyer, handling your divorce on your own can actually increase the cost of your divorce over the long-term, as mistakes made during the process could cost you thousands of dollars in property and support considerations. Fortunately, there are some other things you can do to keep control the costs of your divorce.

Communicate and Plan

While it may be difficult to tell your spouse that you want a divorce, most divorces involve spouses who are able to be civil to each other—at least at the beginning. Bitterness and acrimony tend to develop as the proceedings become heated. If, however, you and your spouse realize that a divorce may lie ahead, the two of you can start discussing tentative plans before filing your petition. By remaining calm, cool, and collected, you may be able to reach basic agreements regarding property division, parenting responsibilities, and other matters in advance, which can dramatically decrease the amount of work your lawyer and the court will need to do.

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 Posted on February 14, 2018 in Annulments

Annulments are a legal option for ending a marriage that many never consider. Annulments happen less frequently than divorces or separations, but they are still useful legal tools in some circumstances. Although an annulment has the same result as a divorce in that it dissolves a marriage, annulments take a different approach. An annulment is a legal process which declares a marriage to be invalid. If a marriage is annulled, it is like it never happened. Not just anyone can file for an annulment and there must be sufficient reasons to justify invalidating a marriage.

Reasons One Can Seek a Declaration of Invalidity of Marriage

The state of Illinois refers to an annulment as the “declaration of invalidity of marriage.” When someone files for a declaration of invalidity of marriage, they must report the reason for the request. Section 301 of the Illinois Marriage and Dissolution of Marriage Act list the possible reasons someone can apply for an annulment. Some of these reasons include:

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 Posted on February 09, 2018 in Prenuptial Agreements

A prenuptial agreement is a legal document which a couple drafts and signs prior to getting married. Prenuptial agreements, also called “prenups” are intended to set forth directives regarding the spouses’ income and assets in the event that the spouses separate or divorce, or if one of the spouses passes away. Prenups vary in their specifics based on the couple’s circumstances, but generally include provisions about marital property and non-marital property, spousal maintenance or alimony, inheritance rights of children from other relationships, debts, and the financial responsibilities and rights of both spouses during the marriage.

Social Media Clauses Can Help Protect Online Reputations

The internet has dramatically changed the way we live and work. Many individuals have careers which rely on the online reputation they have worked hard to create. Social media is often a large part of the way some entrepreneurs, entertainers, or other business owners grow their brand.

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 Posted on February 08, 2018 in Divorce

If you are considering or have decided to divorce your spouse with whom you have children, one of your main concerns is probably how the divorce will affect the children. While it is true that divorce is never easy on a family, many parents find that being separated from their spouse gives them the opportunity to become closer with their children. Studies have consistently shown that having divorced parents in no way means that a child will automatically resent his or her parents or do worse in school. In fact, for some children living in a house filled with tension and feuding, a divorce is a welcome relief.

If you have decided to get divorced and are wondering how to tell your children, you should know that there is no way to have a perfect stress-free conversation. No matter what you do or say, there may be tears shed or feelings hurt. However, by following the guidelines set forth by relationship and child experts, you can minimize misunderstandings and help the conversation go as smoothly for everyone as possible.

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 Posted on February 06, 2018 in Spousal Maintenance

There has always been some confusion regarding spousal maintenance or alimony. Each state has its own rules and procedures for determining who should get spousal support and how much payments should be. However, one rule which is, for now, the same across the country is how maintenance payments are taxed. For the last 75 years, maintenance or support payments have been deductible for the payer. The recipient of the support is responsible for paying income tax on the funds. After Dec. 31, 2018, this will no longer be the case.

Maintenance Payments No Longer Deductible

Under the Tax Cuts and Jobs Act, spousal maintenance will no longer be deductible for the payer, and taxes will not need to be paid on it by the recipient. This could mean that those who get divorced in 2019 may be paying a much higher amount in spousal support than those who get divorced in 2018. Because spousal maintenance is paid by the spouse with a higher income to the spouse with a lower income, it made sense to place the tax burden on the person receiving funds. The lower-earning spouse generally has a lower tax rate than the higher-earning spouse.

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