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Hillside, IL 60162
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Recent Blog Posts
Emotional Detachment from the Legal Aspects of Divorce Could Improve Financial Outcomes
Ending a marriage can be painful and emotionally difficult. In fact, many parties experience depression, anxiety, grief, anger, and stress while going through the divorce process. Unfortunately, these same emotions can cause friction between the parties, which can drag out the process and increase costs. Thankfully, some steps can be taken to minimize the risk of this happening. One of the most crucial steps is learning how to detach the legal aspects of divorce from the emotional aspects.
Approach Divorce Like a Business Transaction
At its core, the legal aspect of divorce is like a business transaction; two parties come to the table with their requests and then negotiate a deal that can hopefully satisfy all involved. When examining it from this standpoint, an argument over the wedding china can seem arbitrary. However, some spouses do argue over things – such as possessions – that do not matter. That is often because they are struggling with their feelings of betrayal, sadness, or loss. So, rather than let emotion dictate your decisions in divorce, consider why you want something in the settlement.
Avoiding Common Mistakes in Your High Asset Divorce
Divorce can be contentious and painful for anyone, but couples who have a high net worth can be especially at risk for compounding issues. Some divorces may even place the parties at risk for financial devastation. Learn how to reduce your risks by understanding how to avoid some of the most common mistakes made in high asset divorce.
Settling for the Sake of Settling
High net worth divorce negotiations can be draining, arduous and contentious – so much so that even the most patient of individuals may be tempted to accept an early settlement offer. Unfortunately, doing so may mean leaving behind money or assets that you may have otherwise been entitled to in your divorce. Avoid making this mistake by consulting with your attorney before accepting an offer.
Failing to Consider Tax Consequences
Parenting in a High Conflict Divorce – Examining the Potential Benefits of Parallel Parenting
Most divorce information sources highlight the benefits of cooperative parenting, but this model is not right for every family. In fact, some parents and children may benefit more from the parallel parenting model. The following outlines the parallel parenting model and explains what it is, when it may be the most appropriate solution, and how parents can make it work for their family.
What is Parallel Parenting?
Like cooperative parenting, the overall goal of parallel parenting is to ensure the child has a close and healthy relationship with each parent, but the method by which parallel parents reach their goal is nearly the opposite to that of cooperative parents. One of the biggest differences is the level and type of interaction between parents; cooperative parenting encourages active communication, but parallel parenting strives to reduce contention by minimizing contact. It essentially encourages each parent to work on their relationship with the child, rather than their relationship with one another.
Surviving Post-Retirement Divorce
While the divorce rate has been declining in most age groups, those over the age of 50 are getting divorced in record numbers. The percentage is now so high, in fact, that it has more than doubled over the last two decades. This phenomenon has been dubbed the “gray divorce.”
In some ways, these later-life divorces could be considered a positive thing; it means baby boomers are living longer and are more confident in their ability to enjoy a happy life on their own. Yet there are some important concerns that should be addressed. The following explains.
Considerations That Should Be Made
Unlike younger couples who have time to recover from the financial hit of divorce, those pursuing divorce after or near retirement age can be at serious risk for divorce-induced poverty. This issue can be even further exacerbated by the fact that retiring couples generally only plan for one set of expenses - not two. As such, couples should carefully consider how they will move forward with the divorce process prior to filing.
New Study Suggests 50/50 Parenting Time is Best for Kids
At one time, fathers lacked fairness in family court. Mothers were considered the nurturers, and thereby more critical for child development. Then studies started showing that the absence of fathers negatively impacted children. Now studies are showing that dads are not only important to development - they are equally important as mothers. Further, a recent study has indicated that a 50/50 parenting time plan is the most beneficial for children. The following explains how you can make this arrangement work for your family.
Remember Your Child Still Loves Both of You
In the midst of divorce, parents can easily get lost in their own emotional turmoil - their grief, anger, pain, and regret. This can cause parents to behave in ways they might not have under different circumstances. Yet children are at far more risk for negative effects during the divorce process. They may take ownership of the breakdown of the marriage. Some may regress, significantly so, and could become clingy. Alternatively, they may attempt to push one or both parents away.
Determining Child Support Amounts for Special Needs Children
Statistics indicate that some 6,000 children are born with Down syndrome each year. Around 11 percent of school-aged children have Attention Deficit Hyperactivity Disorder (ADHD), and approximately one out of every 68 children are diagnosed with autism. Then there are many others who are with born with a heart defect, spina bifida, cerebral palsy, or other defect, illness, or condition.
What happens when the parents of these special needs children divorce?
In some ways, the process is the similar to all divorces. Yet there are also some notable differences, particularly when it comes to how child support is determined. If you have a child with special needs and are concerned about how child support will be determined, the following information may be able to help you better understand the process.
Illinois Child Support Laws
More Shared Parenting Time Could Improve Outcomes for Children
Historically, divorce meant that children lost the close connection they had with at least one of their parents. This was often true, even in cases where both parents would have been considered fit to care for the child. Why did this happen, and have things changed? Fortunately, there are ways to improve the outcome of a divorce for your child.
How Divorce Has Changed
There was a time when fathers were given almost no explicit rights to their children. As a result, society saw an increase in troublesome childhood behavior. Many started to struggle in school. Suicide rates increased, fewer children were completing school, and more children and young adults were running away and becoming homeless.
Data from several different federal agencies, including the U.S. Centers for Disease Control and Prevention, U.S. Census Bureau, and the Department of Justice have connected many of these issues to single parenting. This is not to say that there is a direct correlation between divorce, single parenting, and troubled children - the link could be merely coincidental in some cases. Further, there could be deeper issues within such homes, such as a history of domestic violence or poverty.
Illinois Children of Divorce Can Address Their Rights of Residency in Custody Cases
As we begin the New Year, it appears that the divorce rate for American couples remains in perpetual motion. Per the American Psychological Association (APA), a leading scientific and professional organization, the U.S. divorce rate is between 40 to 50 percent.
It is also estimated that 50 percent of all children in this country will experience the divorce of their parents before turning 18 years old. Based on state law, age, and maturity level, the majority of these children can voice their wishes as to which parent they would prefer to live with.
A Child's Say in Where He or She Lives
In Illinois, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), divorcing parents are urged to actively participate in shared joint allocation of parental responsibility (formerly known as child custody). However, when a child is between 14 to 17, he or she can address a judge regarding their primary residential preference.
Who Acts For You When You Cannot?
If you had to be away at the time of an important transaction, or if you suddenly became incapacitated, who would act in your place? Fortunately, there is a legal document that lets you name someone to act for you in situations like these - the "power of attorney."
There are different kinds of powers of attorney. A standard power of attorney lets you appoint someone to handle financial affairs. You can grant power over all your property, or limit the authority to handling a certain task. A standard power of attorney ends when you die, become incapacitated, or on a set date.
A durable power of attorney is like a standard power of attorney, except it stays valid even if you become incapacitated. Durable powers of attorney are often used to help avoid guardianship proceedings - because someone has already been appointed to handle your affairs, a court won't have to.
A durable power of attorney for health care lets you authorize someone to make your medical decisions if you cannot.
Powers of attorney are valuable planning tools. Laws regarding them are complex, so you should seek legal help in making or changing one.
When Insurance Companies Do the Wrong Thing
Insurance companies often claim that with them, you're in "good hands," or that they are on your side, "like a good neighbor." But when you need to make a claim, the opposite is sometimes the case, and it's therefore important for accident victims to get legal help promptly. Here are some real-life cases that show how insurance companies sometimes try to delay - or avoid - paying valid claims.
- Joe R. was badly hurt when the motorcycle he was a passenger on got in an accident. Under the law, Joe was entitled to collect money from the motorcycle driver's insurance company. But when Joe asked about the driver's insurance, the insurance company first said he was not covered. Then, after a long time passed, they told Joe he could receive money - but said the time limit for his claim had expired. Joe took the insurance company to court, and won.
- Julie H. was hurt when her car was hit by a drunk driver. The drunk driver's insurance company offered Julie a very small settlement though it knew she deserved a much higher amount. Julie took the insurance company to court, and won her damages plus an extra amount to punish the company for not promptly settling her claim for a fair amount.
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