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Recent Blog Posts
Factors in Illinois Stepparent Adoption
Years ago, the nuclear family typically consisted of a mother, a father, and their biological children. Today’s nuclear families come in all different “shapes and sizes,” including single-parent, blended, same-sex, and extended families. Given the high rate of divorce and remarriage in the United States, it should come as no surprise that stepfamilies have become fairly common, with one or both spouses bringing children from a prior relationship into the marriage. Unfortunately, in many of these cases, the biological parent of the children has either passed away or is not an active part of the children’s lives, and the stepparent essentially steps into that absent parent’s role. Many families decide to take steps to make that role a legal one.
Stepparent Adoption
Under Illinois law, there are several factors that must be met in order for a stepparent to adopt their spouse’s child. The first factor is that the stepparent must be legally married to the child’s biological mother or father. This also applies to same-sex couples.
Unenforceable Prenup Provisions
Many engaged couples now make sure that they have a prenuptial agreement on their wedding to-do list. And while most prenups are fairly standard, it is still important to have an experienced family law attorney working with you when putting it together. This is because there are certain things that Illinois law does not allow in prenuptial agreements and could declare the contract void if you ever do divorce.
A valid prenuptial agreement can include the assets and debts that each spouse has, what will be considered marital property and what will be considered separate property, how marital expenses will be paid, how any student loan expenses will be paid, and whether there will be any spousal support should the parties divorce in the future. There should also be a provision regarding any arbitration or mediation requirements. The following are some of these items that are unenforceable.
What Is Bird’s Nest Custody, and Would It Work for My Situation?
The issues that need to be decided between a divorcing couple can be difficult. One of the most difficult is deciding how custody of children will be shared. In Illinois, child custody is divided between the allocation of parental responsibilities and parenting time. Parents must agree – or the court will decide for them – which parent will be responsible for major decisions in a child's life, including their education, medical treatments, and religion, as well as how parents will divide the children’s time between them.
One of the most difficult parts of parenting time scheduling is the emotional burden, as well as the physical burden, it puts on children. They go from one parent’s house to the other, with a bedroom, different clothes, and toys in each home, and it can be exhausting for them. This is why many parents are turning to “bird’s nest” custody where the children live in the same home all the time, and it is the parents who take turns living there.
Separate, Marital, and Commingled Property in an Illinois Divorce
When a married couple decides to end their marriage, one of the decisions that will have to be made is how their assets and property will be divided. Illinois is an equitable division state, which means that all the couple’s assets will be distributed equitably and fairly, which may not necessarily mean equal. In order to successfully and fairly negotiate a divorce settlement, it is important to understand the different types of assets and property you and your spouse may have.
Separate Property
Separate property is that which one spouse owns as an individual. In an Illinois divorce, the courts do not include separate property in any assets or property that needs to be divided as long as those assets or property remain separate during the marriage. Generally, separate property can include:
- Any assets or property the spouse had prior to the marriage
- Any income or profits that the spouse gains from separate property – i.e., rent
Why Choose a Mediator Who Is an Attorney for My Illinois Divorce?
A mediator does not have to be a lawyer. In the state of Illinois, a mediator is not legally required to have any type of license or certification. But do you want to trust your divorce to someone who is not familiar with the law or the legal process?
Family law attorneys make great mediators because they understand what can unfold in court and they are knowledgeable about the law. Electing to end your marriage is not an easy decision but an experienced divorce mediation attorney can help you focus on conflict resolution and craft an effective mediation agreement.
Benefits of an Attorney-Mediator
The stakes can be high in a divorce. You may be fighting for custody of your children, pets, spousal support, or property division. But rather than face expensive litigation, mediation is a process in which couples meet with an impartial third party to discuss their differences without going to court. For this process to work, there must be good faith and cooperation.
I Think My Spouse Is Hiding Assets in Our Divorce. What Should I Do?
In Illinois and across the nation, a divorce can have significant financial ramifications for all parties involved, depending on how both parties’ assets are divided. To gain the economic upper hand over their spouse, individuals may attempt to hide portions of their assets to keep money and other resources from being allocated to their partner during the divorce proceedings. If you believe your spouse may be hiding assets, consider hiring a knowledgeable divorce attorney with experience uncovering hidden assets.
How Can Assets Be Hidden?
In the state of Illinois, the law states that marital assets are eligible to be fairly distributed in divorce proceedings. However, this is only if the assets have not already been addressed by a valid prenuptial or postnuptial agreement. To secure a more significant percentage of the estate, a spouse may try to hide certain resources or revenue streams. The hiding of assets can take place before or during the divorce proceedings.
5 Tips for Divorcing a Narcissist
The term "narcissist" is used to describe someone who is excessively self-involved, lacks empathy, and has an inflated sense of self-importance. An individual with narcissistic tendencies may intentionally provoke arguments and refuse to cooperate. He or she may even use threats or intimidation to upset you. If you are divorcing a narcissist, it's important to be prepared for these behaviors. Here are five tips for dealing with a narcissist during a divorce.
Ending Your Marriage When Your Spouse Has Narcissistic Tendencies
The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V) lists the criteria for Narcissistic Personality Disorder. The criteria include things like grandiosity, sense of entitlement, and being unempathetic. Even if your spouse does not meet the clinical definition of narcissistic, even one or two narcissistic traits can make someone a nightmare to divorce.
Building Your Parenting Plan During a Kane County Divorce
When parents get divorced, they are encouraged to work together to build a parenting plan that describes child custody arrangements. Parents who negotiate an agreement about the allocation of parental responsibilities and parenting time can avoid the stress and expense of child custody litigation. If you are getting divorced and you and your spouse are struggling with custody decisions, consider working with a mediator or family law attorney who can help you negotiate an agreement.
Parenting Agreements in Illinois
There is no one-size-fits-all parenting plan, but there are certain elements that are typically included in Illinois parenting plans. These elements can help ensure that the plan is comprehensive and meets the needs of both parents and children.
A comprehensive parenting plan should address:
- Allocation of parental responsibilities - Parental responsibilities refer to the parents' authority to make decisions about the child's education, extracurricular activities, healthcare, and religious upbringing. In some cases, one parent has full authority to make any and all significant decisions about the child, such as where the child goes to school or the types of medical treatments the child receives. In other cases, parents divide or share parental responsibilities. For example, one parent may make decisions about the child's education while the other parent makes decisions about the child's healthcare.
What Happens to the Family Business in an Illinois Divorce?
According to national statistics, approximately 90 percent of businesses in the United States are family-owned. These businesses are often the heart of communities, providing jobs and revenue sources, as well as services and products. Unfortunately, with the divorce rate as high as it is, when a couple who own a business decide to end their marriage, the impact their divorce can have on the business can be a significant one. This is why it is critical to have a skilled divorce attorney representing you if a family business is part of your martial estate.
Asset Division in a Divorce
Under Illinois divorce law, when a couple divorces, their martial estate is divided in an “equitable” manner. This is different from community property states that divide a couple’s assets 50/50. With equitable division, each spouse will receive an equitable share of their estate, although the dollar amount will not necessarily be exactly the same.
What Happens to My Estate Plan During and After My Illinois Divorce?
It is recommended that every adult have an estate plan in place, no matter what their financial status is. An estate plan stipulates what the person’s wishes are when it comes to the distribution of their assets when they die. There are different tools that can be incorporated into an estate plan, including wills and trusts. Unfortunately, one of the things that often get overlooked during and after a divorce is updating an estate plan. So what happens to these plans while the divorce is going on and once it is complete?
What Happens to the Will?
Under Illinois law, just because a spouse has filed a petition for divorce, there is no impact that filing on the estate plan while the process is playing out. This means that a spouse remains the beneficiary of a will until the court has entered a divorce decree. If a spouse was named the executor of the will, that too would remain in effect.
The last thing many people who have filed for divorce would want is their spouse to have control and/or to inherit from their estate should they die while the divorce is pending. But this is exactly what can happen if a divorce is not going to resolve quickly.
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