Chicago Illinois Divorce Lawyers

Anti-Gay Adoption Bill Shot Down by Civil Rights and LGBT Activists in Springfield

The Illinois Religious Freedom Protection and Civil Unions Act grants the rights of traditionally married couples to civil union couples, including the right to adopt. This caused quite a bit of controversy when Catholic Charities refused to offer civil union adoption services to same-sex couples. Although Catholic Charities, which was publicly funded though a private religious organization, has since withdrawn from the legal battle to continue receiving state funds while reserving the right to refuse adoption services, it is not the end of the battle between religion, same-sex civil unions, and state law.

According to ChicagoPhoenix.com, a bill that would have amended the Civil Union Act to allow religion-based child welfare organizations to refuse adoption services to civil union couples was killed in Springfield by civil rights activist groups such as the Illinois ACLU and LGBT groups such as The Civil Rights Agenda (TCRA). The bill, which was introduced in October, would have ultimately allowed religious adoption institutions to discriminate against lesbian and gay civil union couples. This bill is only one of several similar bills introduced since last year.

TCRA filed testimony before the Executive Subcommittee on Civil Rights vote stating that Catholic Charities has every right to discriminate against potential adoptive and foster care parents on the basis that their religious beliefs prevent them from placing children in same-sex civil union households. However, “as an agent of the State of Illinois, using public funds, it is against the law to discriminate based on sexual orientation.”

The executive director of TCRA, who is Catholic, is saddened and dismayed that Catholic Charities would refuse foster care and adoption services due to discrimination. Furthermore, the policy advisor for TCRA sees this bill, and similar bills, solely as an attempt to allow the Catholic Conference to continue its “agenda of bigotry and hate.” In the end, however, if a religiously-based adoption service wants to discriminate, they will have to sever ties with the state.

The Illinois civil union law is an important step forward in the fight for equal rights but, for some, acceptance unfortunately takes a while longer. As the attempts to subvert the Civil Union Act continue, it is imperative that the message of equality grows even stronger. If you have questions about the Illinois Civil Union Act or are considering entering into a civil union, the dedicated civil union lawyers in Chicago at Nottage and Ward can help. Call us today for a consultation at (312) 332-2915.


The Real Impact of Marriage and Divorce on Kids

According to Psychology Today, a popular blogger and best-selling author recently declared that divorce is selfish and immature, almost always bad for kids, a sign of mental illness, and something done by “dumb people” more so than well-educated people. These are very strong statements, but that doesn’t mean they are correct. Based on the aforementioned points, it can be concluded that a married couple, even an unhappily married couple, should stay together “for the kids.” This brings up an important question, however: Does divorce cause more damage to children than an unhappy marriage?

Divorce is difficult on everyone involved, including children, and children from divorced parents tend to experience more behavioral and/or school-related problems, but does that mean that parents should stay together even though they are unhappy? The short answer is no. Factors that create issues for kids during/after a divorce can also exist during a marriage. If there is a high level of conflict between parents, it will affect their children.

Divorce is not the worst situation for children; the worst situation is when unhappily married parents, especially those that experience high levels of conflict, stay together. Both psychologists and sociologists consistently find that children who are raised by parents who are unhappily married do worse than those whose unhappily married parents divorce. In this way, divorce can actually benefit your family.

The decision to divorce is tough on everyone, but it may be necessary to create the most positive situation for a couple and their children. If you believe divorce may be the best option for you and your kids, contact the experienced Chicago divorce lawyers at Nottage and Ward today at (312) 332-2915. We can help you understand your legal rights and options.


How Smart Women Find Happiness after Divorce

Divorce affects women in different ways. While some may do very well after divorce, others find it very difficult to move beyond the emotional pain and financial hardships. The circumstances of every divorce are different, but, according to The Huffington Post, the difference between women who do well after divorce and women who get stuck is that women who do well make the decision to be happy with themselves and their situation. This isn’t easy, but it is necessary if you want to get on with your life. There are five major steps that, as a smart woman, you should take to be happy again and get on with your life:

  1. Give “woe is me” feelings a shelf life. Self-pity can be very destructive and keep you from letting go of something that is in the past. Make the conscious mental shift from victim to survivor, or even warrior, and make future decisions with that mentality.
  2. Accept your post-divorce financial situation. Come to terms with your reduced lifestyle and reprioritize your finances or commit yourself to changing your lifestyle. The smartest women do not rely on alimony or maintenance from their ex-husband, or the finding of a new man, as a long-term financial solution.
  3. Create a 10-year financial plan. Take control of your finances after divorce. Meet with a financial planner and/or accountant to organize your finances and establish goals for the next decade. Though it may be overwhelming at first, this is a greatly empowering step.
  4. Accept that you cannot change your ex. The smartest women recognize that they will never be able to change their ex-husband and accept this with maturity and grace, understanding that this is one of the unfortunate realities of divorce.
  5. Focus on yourself and your future. After divorce, put all your energy into looking at your own life, both past and present and mistakes and successes, and determine where you want to be and who you want to be from now on. Many women lose themselves during marriage, divorce is an opportunity to find and redefine yourself.

Divorce may feel like the end of the world at first, but it is an opportunity for personal growth and maturity that many never get. If you feel that divorce is the best decision for your future, the dedicated Chicago divorce lawyers at Nottage and Ward can help. Call us today for a consultation at (312) 332-2915.


How a Friendly Divorce Gets You the Best Settlement

There are always stories of heated courtroom battles between divorcing couples, each with their own aggressive attorney fighting for what their client wants. In such cases, the best settlement for both parties is not typically the goal. The goal is to take away something the other wants. This not only makes the divorce drag on and incurs hefty legal fees on both sides, but, by the end of it, both spouses will likely still be unhappy with the outcome. When a divorce is amicable, it can be much easier and quicker to come to a settlement that is agreeable to both parties and less likely to give rise to future problems. This means that, for a divorcing couple on bad terms with one another, it may be worth the extra effort, as difficult as it may be, to work together.

According to PsychologyToday.com, the following eight guidelines can help you and your spouse amicably work towards an ideal settlement:

  1. Find a way to understand what happened in your marriage without succumbing to the blame game.
  2. Focus on the mistakes you may have made and how you could rectify them.
  3. Learn cooperative skills that will help maintain collaborative dialogue and facilitate shared decision making.
  4. Aim for a settlement agreement between generosity and fairness.
  5. Choose legal counsel that has experience in amicable settlements/mediation.
  6. Talk through your feelings of fear, shame and guilt, hurt, sadness, and anger with someone you trust.
  7. Remember that divorce is a gradual process.
  8. Always remember that there is life after divorce, and a friendly divorce can ensure that that life is not disrupted with recurring divorce issues.

At Nottage and Ward our Chicago collaborative law attorneys are committed to helping divorcing couples come to the best divorce settlement possible. A collaborative divorce is not always possible, but it is the ideal option. For a consultation, call us today at (312) 332-2915.


Resolving Tax Matters during Divorce Essential to Avoiding Problems after Divorce

Financial issues are common in many marriages and, in some, may even be severe enough to lead to divorce. But the financial problems may not stop there. Divorced couples often experience financial issues after divorce due to unforeseen tax implications which were not addressed in the terms of the divorce. This can not only result in ongoing animosity between the couple but also potentially cause serious tax issues. No one wants the Internal Revenue Service (IRS) breathing down their necks, so it is important to address the following tax matters in your divorce:

  • Deducting Legal Fees – Typically, you cannot deduct legal fees on your tax return; however, if the fees are related to the allocation or protection of income-producing assets, then the fees can be deductable. Before you file your tax return, know what you can deduct and what you can’t.
  • Filing Status and Exemptions – A very important issue to resolve during divorce settlement negotiations is who will be claiming the children, or who will claim which child. In addition, matters related to the “head-of-household” filing status and exemptions must also be resolved.
  • Child Support vs. Maintenance – Child support is not taxable to the parent receiving the payment and is not deductible to the parent making the payment. Maintenance, however, is deductable (for the payer). Not understanding the distinction between these terms for tax purposes can cause inconsistencies, such as one spouse treating child support as maintenance and deducting it while the other treats the support payments as child support, which can lead to an audit.
  • Division of Marital Property – Marital assets are usually divided equally in terms of value, however, it may not be equal in terms of tax liability. If both spouses are awarded assets worth $400,000 but one spouse is required to pay taxes on theirs while the other is not, then the division of property is not actually equal, despite the intentions of the parties.

If all relevant matters are not addressed during the divorce process, it is likely that both spouses will experience stressful problems in the future. At Nottage and Ward, our knowledgeable divorce lawyers in Chicago can ensure that all relevant issues are resolved so that once your divorce is over, it is actually over. To find out more, call us today for a consultation at (312) 332-2915.


Federal Same-Sex Marriage Ban Complicates Finances, Puts Spotlight on Inequalities

Many of the legal and financial ramifications of traditional marriage are automatic upon marriage. Even without a will, if one spouse dies, the other spouse is granted certain rights in the estate. Once married, each spouse has ownership rights to marital property. The parties also get all applicable health and employment benefits, can file joint state and joint federal tax returns, and are afforded many other financial and legal rights without taking any overt actions. Gay couples are not so lucky, unfortunately, and the financial issues that same-sex partners must face are a constant reminder that marriage equality is still far away, though it gets closer every year.

Many of the obstacles in the way of marriage equality for same-sex couples have been demolished by states through civil union and domestic partnership laws and even legalization of gay marriage. These are important steps toward the final goal of bringing change to the federal government and its Defense of Marriage Act (DOMA) With the ongoing financial hassles and denial of rights plaguing gay couples, the movement for change on the federal level is growing stronger.

Same-sex couples do not have the rights and protections that traditional married couples do, at least under federal law. Even if their union and certain rights are recognized in their state, it may not be in recognized in another state. Gay couples must take extra pains to document their relationship and assets on paper as well as establish other protections, such as drawing up a will to ensure that they are provided for in case of death. Additionally, taxes must be filed two different ways and they have to think about whether employers are going to follow federal or state laws when it comes to benefits. The one good thing about all these complications is that a growing percentage of the U.S. population is getting fed up with them; and when people are fed up, they push for change.

The ultimate achievement of marriage equality is worthy of the long process it takes to get there and it is getting closer every day. During such dynamic times, it is important to be well aware of your rights and options. If you are considering a civil union in Illinois or have questions concerning your rights as a civil union spouse, contact the knowledgeable Chicago civil union attorneys at Nottage and Ward for a consultation at (312) 332-2915.


Newt Gingrich Tries to Appease Public Concerns about Unsavory Marital Past

Since he began his campaign for the Republican Presidential Nominee seat, Newt Gingrich has faced much criticism for his marital past, but this criticism is not solely because he has been married and divorced multiple times and had affairs during those marriages. It is because he presents himself to be of strong moral character, when, in fact, his actions hint at something different. How can a man convince the American people of the importance of family values and the sanctity of marriage when his own values, based on his own actions, appear to be inconsistent with his public proclamations?

As the race continues, Gingrich is reminding voters that he has sought God’s forgiveness for the sins he has committed in his life, according the The Huffington Post. Whether or not voters believe he has wholeheartedly sought redemption for the wrongs he committed is uncertain. Gingrich’s second ex-wife recently went public with details of his actions during their marriage, including having an affair with the woman who is now his current wife, seeking an open marriage arrangement to continue the affair (which he continued anyway), and divorcing her when she became ill.

Gingrich’s relatively recent conversion to Catholicism in 2009 seems to have begun the story of sin and redemption, although that tale has been going on for a while, according to the article. He converted after almost 10 years of marriage to Callista, a life-long Catholic, his third wife, and the woman who was having an affair with Gingrich during his second marriage.

Being in the public eye can bring out the best or worst in people, and sometimes both. When each person is examining every detail of your life, it makes trying to seem genuine very difficult. Going through a divorce in such circumstances can be very stressful and intimidating, but by retaining the services of one of the discreet Illinois high-profile divorce lawyers at Nottage and Ward, you can be sure of efficient and effective representation. Call us today for a consultation at (312) 332-2915.


Illinois May Soon Offer Family Leave for Civil Union Spouses

One of the most difficult obstacles for civil union spouses to overcome in being awarded certain rights in Illinois is the federal Defense of Marriage Act, which defines marriage as the union between one man and one woman. The federal government affords certain rights and benefits under that definition to married couples, which are not afforded to same-sex civil union couples. According to WJBC, Illinois lawmakers are trying to work around this obstacle on the state level.

The Illinois civil union law states that civil union spouses are entitled to the same rights and benefits as those that are married, and so if the civil union law is to remain, certain measures should be taken. Illinois legislators are currently considering expanding certain medical benefits given to married couples to include same-sex civil union couples, more specifically, the benefit of medical leave. The proposed Family Medical Leave Act (HB 4724) would give employees 12 weeks of unpaid leave to tend to a child or sick partner. Though the proposed medical leave would only cover businesses with at least 50 employees, it is nonetheless a step in the right direction to combat the restrictions civil union couples face due to federal laws.

Same-sex civil union couples, domestic partners, and same-sex married couples across the nation face many challenges and will continue to do so while the federal government maintains its position. Equality for all couples is a long process but a worthy goal.

If you are considering entering into a civil union in Illinois or are already in a civil union and have questions about your legal rights, the committed civil union attorneys in Chicago at Nottage and Ward can provide you with the answers you need. Call us today at (312) 332-2915 for a consultation.


Relationship Status of Kate Gosselin and Ex Points to Common Cause of Marital Discord

By Chicago Family Law Attorney on February 29, 2012 - No comments

Kate Gosselin filed for divorce from then-husband and reality show co-star Jon Gosselin in June 2009 amid infidelity rumors. The reality show, which continued as “Kate Plus 8” after the divorce, ended in September 2011, according to The Huffington Post. It is not the circumstances of the divorce or the fate of the reality show that are the most telling, however.

Earlier this week, Kate Gosselin discussed her relationship with her ex-husband on “Dr. Drew’s Lifechangers.” The couple shares custody of their eight children. According to Gosselin, the couple has had a much more peaceful relationship. They each live their own lives and everything seems to be much better. She says that she believes their improved relationship is, at least in part, due to her ex’s recent employment, which has made him happier with himself. He is happier, the kids are happier after they see him, and that makes her happy.

In the current economic climate, job security and financial stability have been major factors in the success of relationships. Unemployment and financial stress create individual unhappiness, stress, and frustration, which, depending on how each person handles it, can cause problems in the relationship. If the situation lasts for a long time, a married couple may find that they can no longer be happy together.

There are many reasons why a married couple chooses to divorce, but regardless of why, it is often the last resort for a couple who just cannot stay together anymore. If you are considering divorce in Illinois, the experienced Chicago divorce attorneys at Nottage and Ward can help you take the necessary steps to restart your life. Contact us today to learn more about your legal rights and options at (312) 332-2915.


Your Facebook Profile May Be Used Against You in Family Court

By Chicago Family Law Attorney on February 27, 2012 - No comments

Social networking has become part of our day-to-day lives, and although some people infrequently engage in online social networking, others religiously share their thoughts, emotions, frustrations, joys, and, not to mention, pictures for every occasion. The most popular social media site to do all this is Facebook. The problem? What happens on Facebook does not necessarily stay on Facebook. If you are currently in the divorce process or in a child custody battle, what you have on your Facebook profile may be used against you, according to an article in The Legal Intelligencer.

Though the law journal article discusses how Facebook is used in Pennsylvania family law cases, the fact is that Facebook has become a relevant factor in family law cases in courts nationwide. The decisions a court makes concerning divorce, maintenance, child support, and child custody may all be impacted by what is on a party’s Facebook profile, although, if the separating couple files for a no-fault divorce in Illinois, proving that one spouse cheated on the other using Facebook pictures and posts will have little to no impact. Child custody cases may be a different story, however.

After a couple separates, they must avoid posting status updates and/or photos on their Facebook profile, at least until after the case is over. If one spouse brags on Facebook about how he or she has been siphoning marital funds into his or her own individual account, or how he or she did not declare certain income, those statements can be used by the other spouse to secure an appropriate maintenance amount. If one spouse has multiple photos of him- or herself being drunk on Facebook, those may be used against him or her in a child custody dispute.

If it is public information that anyone can read, then it may be used against you. At Nottage and Ward, we understand how stressful and frustrating divorce and child custody issues can be, but, as experienced Chicago family law attorneys, we urge our clients to protect themselves and their interests by avoiding revealing information or posting pejorative attacks on their spouses or the system on their Facebook accounts. There are a great many factors that may impact your family law case, and we can help you prepare for each and every one. To discuss your family law matter with one of our lawyers, contact us today at (312) 332-2915.


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