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Recent Blog Posts
Child Custody and Medical Marijuana Use
Lots of people use marijuana. As more and more states legalize cannabis use for medicinal and recreational purposes, more adults openly admit to using the plant to relieve their stress and pain. In family court, marijuana use is a touchy subject. In Illinois, it is legal to use cannabis medicinally through the Illinois Medical Cannabis Pilot Program. Possession of a small amount of marijuana has been decriminalized throughout the state, but this does not mean it is actually legal to possess and use marijuana without a valid prescription. Simply using marijuana will not result in having your parental rights terminated, but it is important for you to understand that many judges are biased against marijuana use and that it can impact your parenting plan. If your former partner alleges that you are addicted to drugs or that your cannabis use negatively impacts your ability to parent your children, work with an experienced family lawyer to show the court the truth.
What Is Battered Wife Syndrome?
Battered wife syndrome, also known as battered woman syndrome, does not only affect women. It can affect any domestic violence victim, male or female, who lives with an abusive partner. Domestic violence knows no gender.
Despite the law and the medical community recognizing that a person of any gender can perpetuate and suffer domestic violence, the term “battered woman syndrome” is still frequently used to describe the psychological effects domestic violence can have on a victim.
The Stages of Battered Wife Syndrome
When an individual faces domestic violence, he or she can internalize it and feel like he or she caused it to happen. This internalization and sense of responsibility for the violence is battered wife syndrome. Generally, it follows this pattern:
What Is Spiritual Abuse?
Many people are familiar with the various types of domestic violence, such as physical abuse, psychological abuse, and financial abuse. Not quite as many are familiar with the term “spiritual abuse,” which refers to the use of religion as a way to control another individual’s actions and diminish his or her agency. Spiritual abuse can be perpetuated by a church leader against a congregation member, a parent against a child, or a spouse against a partner.
Signs of Spiritual Abuse
Spiritual abuse can be difficult to recognize because it often invokes religious principles as justifications for violence and control. Individuals who practice any religion can face spiritual abuse. In a marriage, spiritual abuse can arise out of the gendered power imbalance many religions perpetuate.
Legal Separation: The Financial Benefits Explained
Over the years, legal separation has gained popularity. This has nothing to do with love and everything to do with money. A legal separation is a court order that specifies the rights and responsibilities of each spouse while they remain married yet apart. This can be a “loophole” from losing lots of money in a divorce case. Though there are other reasons for separation, such as religious beliefs or hope for improvement in the future, many have discovered the money-saving capabilities that legal separation can have and decided this was the best option for them and their family. Read about the various financial stipulations that a legal separation can eliminate before deciding to choose divorce.
- Social Security Benefits: By law, a marriage must last at least 10 years to receive social security benefits that coincide with your spouse. Though these benefits do not begin until you reach 62 years of age, many couples think of this before signing the divorce papers, especially those who are close to the finish line. Many couples will choose to be legally separated until the 10-year mark, then use their legal separation agreement as an outline for their divorce.
Pros and Cons of Divorce Mediation
Divorce mediation is an alternative to battling out your divorce agreements through the court system. This is a good choice for those who find that they can talk their divorce through in a peaceful and non-argumentative manner. Couples who decide that mediation is best for them are not those going through a divorce because they have personal issues with their spouse, but rather it is for couples who amicably agree that their marriage is no longer the best option. Selecting mediation as your divorce method forces both partners to put emotions aside and be mature about every aspect of the ending to their marriage. It is done in a neutral setting with a lawyer present and encourages both parties to talk out their differences rather than arguing in front of a judge. While divorce mediation does have benefits, it can also result badly for some couples.
Tips to Help a Father Win Custody
In the past, mothers have had the power in the custody courtroom. The mother is often given custody as a result of female stereotypes and age-old parental roles. She is seen as nurturing, selfless, and “the primary parent” whereas fathers can be seen as careless and unfit to care for a child on his own. Though times have changed and these parental stereotypes have been proven inaccurate, fathers continue to fall short in the courtroom.
Dad Data
Joint custody is the most common decision made because it is thought that a child should be raised by both of his/her parents. Joint custody may allow for both parents to be in the child’s life, but not necessarily in equal amounts. Illinois ranks in the bottom five states for the amount of custody time allotted to fathers. These children only spend an average of 23.1 percent of their time each year with their dad, giving the mother the other 3/4 of their time. The United States may be moving towards eliminating gender bias; however, the state of Illinois is in 47th place in the U.S. for the amount of custody time fathers are provided.
The Benefits of Domestic Adoption
Choosing to adopt a child is a life-changing decision for both the potential parents and the child. Though you may have made up your mind about adopting, the process involves much more than just a signature on paper. One of the first choices that must be made is the type of adoption you wish to have. Common misconceptions about domestic and international adoptions often lead people into selecting the latter; however, many people fail to realize that international adoption is not always the best choice for every family.
Cost
Many people believe that international adoption costs far less than domestic adoption, but this is often not the case. According to Adoptive Families’ 2016 survey, the average cost to adopt from China was $36,070, Ethiopia was $38,667, and South Korea was $46,412. These are three of the most popular countries to adopt from, with China taking the lead at 2,354 adoptions to the U.S. in 2015. That same year, the average cost for domestic adoption through an attorney totaled $34,594.
What Are the Grounds for Annulment in Illinois?
When an individual is unhappy with his or her marriage, the obvious solution is for him or her to file for divorce. In some cases, the individual has another option: annulment. An annulment is different from a divorce in that it officially breaks down an invalid marriage, rather than legally dismantling a legitimate one. Annulments are rare in Illinois, but a judge may award one when an individual provides sufficient documentation to show that he or she is in an invalid marriage.
If you are in an invalid marriage, meaning that the marriage is not legally binding for some reason, an annulment is a way to officially recognize that the marriage is invalid and relieve you of any obligations you face related to it. In most cases, each party simply reverts to the lifestyle he or she led before the marriage, complete with his or her separate assets, after an annulment. When necessary, the court may create a property division or spousal maintenance order for a couple annulling their marriage. Any children born into an invalid marriage have the same rights as children born to married and unmarried parents.
Ways to Make Integrating Your New Blended Family Easier
When you marry another single parent, you create a blended family. Whether you both have your children living in your house full-time or the children move in and out of the home according to their parenting time schedules, you and your spouse are the heads of a new family unit. Integrating your children into your new blended family is not always easy. The tips below can help you make the transition less stressful for you, your spouse, and your children.
Create New Family Hobbies and Traditions
Every family has their special traditions and hobbies they enjoy. Now is the time to cultivate the family traditions you and your spouse will enjoy with your children. Determine a few fun, age-appropriate activities the whole family can enjoy and make them part of your routine. They do not have to be expensive or complex – just enjoyable.
Maintain Consistent Household Rules and Expectations
Be Proactive About Planning your Post-Divorce Financial Future
Divorce is the legal process of dismantling a marriage, and as such, the divorce process involves many financial decisions like dividing a couple’s marital property and determining whether spousal maintenance is necessary and appropriate. For the individuals getting divorced, the divorce process can be expensive. It also involves individual planning on each partner’s part to ensure that he or she does not face financial hardship after the divorce. Your discussions with your lawyer should cover every financial topic related to divorce, such as the tax obligations that come with certain marital assets and how to divide your retirement accounts through a QDRO. On your end, take the following initiatives to make the divorce process as financially straightforward for yourself as possible.
Completely Sever Yourself from Your Spouse Financially
Before the divorce is finalized, work with your spouse to close all your joint accounts. If he or she is an authorized user on your credit cards, remove him or her from them. You might choose to divide your outstanding credit card debt yourselves by transferring it to two new, separate credit cards. This is also the time to determine how to divide your shared investments.
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