In 2016, the state of Illinois changed the term “custody” into “allocation of parenting responsibilities” in order to separate parenting responsibility issues such as education, religion, living arrangements etc. from parenting time. When a divorce occurs, it can be especially traumatizing for the children involved. Parents should always consider how their actions and the decisions they make both during and after the divorce will affect their children. Parents can sometimes come to an agreement over these custody issues on their own if the divorce was amicable, but other times when a decision cannot be reached or disputes arise, the courts need to step in and evaluate the possible solutions. Courts always try and do what is in the best interest of the child when it comes to determining custody related issues, so they will first examine the specific facts of each individual case before rendering their decision.
Divorce: It’s that dreaded word that no one wants to hear, yet half of marriages today will experience it. Not only does divorce bring with it the emotional heartache and stress, but it comes with the overwhelming job of dividing up all assets between you and your spouse. This division of property can become especially complicated when you and your spouse shared investments. These can include your home, vacation properties, real estate, businesses or corporations, stocks, bonds, retirement plans, and any other financial investments you and your spouse made during the course of the marriage. Read the rest »
As a grandparent, you play a big role in your grandchild’s life. You love them, support them, and even protect them. You are there when their parents cannot be, and in the event of a tragedy, you are there to also serve as a parent. You certainly aren’t alone. The Illinois Department of Children and Family Services reports that approximately 100,000 other grandparents in the state are raising their grandchildren.
Depending on the circumstances, you might decide that is best if you are more than just your grandchild’s guardian – you would like to adopt them. Any adoption is a complicated and drawn out process, but you don’t have to go it alone. Instead, utilize the compassionate and experienced family attorneys at Nottage and Ward, LLP to help you with the adoption process for your grandchild. Read the rest »
Divorce is certainly the last thing you think about when you and your spouse are exchanging vows. However, for whatever reasons, divorce happens. If you and your spouse have decided that divorce is the correct pathway for you, there are a few things that you’ll need to know about a same sex divorce in Illinois.
Q: First, is it legal?
After the federal ruling, same sex marriage became legal nationwide in 2014. Because same sex marriage is now legal that means that same sex divorce is now also legal. Read the rest »
In the state of Illinois, a domestic partnership is defined as an arrangement between two committed adults who share the same residence. It is not considered a marriage, but it does offer many of the same legal benefits, especially in regards to insurance and tax regulations. If you are in a devoted relationship, but don’t want to consider marriage, read the following information to learn more about domestic partnerships.
Do You Need the Protection of a Domestic Partnership?
For many couples, a domestic partnership is a more favorable, secular alternative to marriage. If you and your loved one are not married, you may not be able to make decisions in the event of a medical emergency or death. If your partner falls ill, you will not be able to receive paid sick leave under current laws. These issues can have disastrous consequences, but entering into a domestic partnership can prevent them from occurring. Read the rest »
A post-nuptial agreement is similar to a pre-nuptial agreement. The basic difference between the two is that a post-nuptial agreement is created after the couple enters a civil union or marriage, rather than before. The most common purpose of a post-nuptial is to assign the division of assets, should the couple decide to get a divorce or separate. The agreement can also be implemented in the event of a spouse’s death.
Some couples decide to forego signing a pre-nuptial agreement, which is only valid if entered before the couple gets married. In such a case, they still have the option to draft a post-nuptial agreement. This agreement assures assets are divided in terms that the couple agrees on. For example, property, finances, and vehicles can be assigned to either member to avoid a dispute in the case of a divorce. The agreement can help determine which items are marital property and which are personal property. Items like wills, trusts, child custody and spousal support can also be dictated in a post-nuptial agreement. Read the rest »
In the new year, Illinois has made major changes to its divorce and family laws. For the first time in years, Illinois has updated its Dissolution of Marriage Act, changing the way the state handles divorces.
The changes, which took effect at the start of 2016, include changes in terminology. Terms like “husband” and “wife” have been replaced with “spouses” to reflect changes to same-sex marriage law and to make the application of the law more equitable. Instead of the old phrase “child custody,” the law now uses “allocation of parenting time and responsibility” to clarify that the judge is focusing on what is in the best interests of the child, not what the parents demand. Read the rest »
The first Monday after the new year always means a significant increase in inquiries by people who are considering a divorce. The trend is so well-known that in Great Britain it even has a name: “Divorce Day.”
Here in the United States, studies have found that calls to divorce attorneys rise 20 to 30 percent in the first weeks of the new year. Some attorneys compare it to a “New Year’s resolution.” They note that for many people, the conclusion of the holidays–plus the potential represented by the new year–are enough of a push for them to seek the advice they need to make a change. Read the rest »
Every Sunday newspaper reports the happy anniversaries of couples who’ve been married twenty, forty, or even fifty years. But for every happy long-term couple, there is a couple seeking to split after decades of marriage.
During any divorce, the two most common negative emotions people experience are anxiety and fear. These are understandable feelings. You’re stepping away from everything you know, into a future where all the details – from your financial health to the time you spend with your children – are uncertain.
Here are several ways you can address feelings of anxiety or fear during a divorce: Read the rest »