Posted on June 01, 2022 in Divorce

Most people choose a person to marry in the belief that they will remain partners for life. But as we grow, we realize things about ourselves we did not know when we got married, which can make someone who was a good fit when we were younger far less of a good fit as time goes on. In addition, people and circumstances change, and many married people somewhat unexpectedly find themselves in another, much happier relationship before their Illinois divorce is finalized or even initiated.

While only you can decide the right course for your life, both in terms of whether seeking a new partner or a divorce is right for you, it is important to know that having a new partner can potentially impact the divorce process. If you are anticipating divorce and already have a new partner, read on to learn three things you should be aware of.

You May Not Receive Alimony

Alimony, known in Illinois as “spousal maintenance,” is only available to divorced spouses who need time to get on their feet financially after the marriage ends. If a divorcee moves in with a new partner right away, alimony payments are terminated or may never even be a possibility.

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 Posted on May 31, 2022 in Divorce

One of the hardest parts of getting divorced in Illinois is dividing marital property. Because Illinois divorce law requires marital assets to be divided fairly, rather than equally, there can be some question about what a fair division looks like. This is especially true when one or both spouses are high earners and share a high net worth. To avoid heavy financial losses in a divorce, some spouses try to hide assets to protect them from division.

There are many ways to hide assets and, once hidden, they can be very difficult to track down. In addition to hiding assets, spouses may also try to lay claim to private property by saying it is marital property. If you are getting divorced and are concerned that your spouse is hiding or manipulating assets, get help from an experienced divorce attorney who can recommend financial professionals who may be able to help.

How Does Asset Tracing Work?

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 Posted on May 23, 2022 in Family Law

Many would-be parents face a difficult uphill struggle when trying to create the family of their dreams. Thanks to modern technology, many options are available to help those who cannot conceive on their own, and the method you choose will depend on your preferences, your budget, your health, and many other factors.

One method that proves effective for many people is using a surrogate mother who carries a baby on their behalf. There is more than one type of surrogacy and many different agencies are available to help. However, the process can be legally complex and it is important to make sure you have an experienced Illinois attorney who can help you create an airtight surrogacy agreement. For answers to common questions about surrogacy in Illinois, read on - then contact one of the skilled family law attorneys with A. Traub & Associates.

What Are the Different Types of Surrogacy?

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 Posted on May 16, 2022 in Divorce

When you decide to hire a mediator to help you negotiate your Illinois divorce, there are many things you should look for. Experience, education and training, reasonable rates, and professional development are all important. But equally important is the ability to trust that your mediator is truly neutral and invested in helping you negotiate a fair divorce decree. You will discuss sensitive personal issues with your mediator and spend many hours with them, so it is important to choose someone trustworthy.

However, even after the most careful selection process, it may become apparent that your mediator has a conflict of interest that prevents him or her from being truly neutral in your case. If you are worried that your divorce mediator may have a conflict of interest, read on.

What Counts as a Conflict of Interest?

Mediators are the party primarily responsible for determining whether there is a conflict of interest that would prevent them from mediating a given case. But spouses, as well as their attorneys, need to be aware and on the lookout for conflicts as well. Potential conflicts of interest include anything that could limit the ability of a mediator to be completely impartial, including but not limited to:

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 Posted on May 09, 2022 in Divorce

One of the reasons Illinois couples in unhappy marriages often put off getting divorced is because of the fear of a high-conflict courtroom trial. While divorce trials have rightfully earned a reputation for being expensive, unpleasant, and dramatic, the truth is that very few divorces actually end up in trial anymore. Instead, couples are encouraged or sometimes even mandated to pursue mediation and work out their differences through conversation and compromise with the help of a neutral third party. However, mediation is not always successful and sometimes other factors, such as domestic abuse, can make a trial necessary.

Divorce Trials in Illinois Family Court

Trials are hard on divorcing spouses, but they are particularly difficult for children. They also take up important time and resources from county courthouses that are often overworked and have long waiting times for trial dates. For these reasons, judges usually want to see couples exhaust other options before bringing a divorce case to trial.

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 Posted on April 26, 2022 in Divorce

 Child support payments are an essential resource for divorced or unmarried parents in Illinois. While some people believe that a parent’s moral obligation to help his or her children may last forever, the law in Illinois says that a parent’s financial responsibility to his or her child does eventually end. Parents who are paying or receiving child support may be anxious to know when, exactly, that legal obligation runs out. As with many legal questions, the answer is, “It depends.”

When Does a Child Become an Adult?

The law says that children become legal adults, with all the responsibility that adulthood entails, when they are 18. However, a parent’s financial responsibility for a child does not automatically end when their child turns 18. If the child is still in high school, child support payments may continue until the child graduates from high school or turns 19. Furthermore, while some child support orders include a specific date at which child support payments will end, other parents must go to court to request a termination of payments before they can stop.

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 Posted on April 18, 2022 in Divorce

Researchers have spent thousands of hours with married couples, analyzing their behaviors, communication patterns, and body language to try to determine whether certain actions are predictive of divorce. Perhaps unsurprisingly, there are actions that, when frequently engaged in by couples, make it easier to predict whether a marriage will eventually end. While nobody is perfect and everybody uses unhealthy communication strategies from time to time, if you recognize that the following behaviors frequently appear in your marriage, you may feel trapped and unhappy. If so, it could be time to speak with an Illinois divorce attorney.

Criticism

Part of personal growth and development is knowing when to change your behavior. Sometimes, spouses can be helpful for gently pointing out that certain things need to change. But when your spouse regularly attacks you or your character, you will likely feel criticized and demeaned - and nobody feels good about that. For example, if your spouse does not like the way you load the dishwasher and, instead of asking you to load it differently, accuses you of always being lazy or stupid, your spouse may be overly critical.

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 Posted on April 11, 2022 in Child Custody

All across Illinois, more and more parents are choosing to homeschool their children. In Chicago alone, nearly 25,000 fewer children were enrolled in public schools in the past two years than in previous years. While it is hard to obtain data specifically for the entirety of Cook County, Illinois does not require homeschooling families to register with the authorities and so the rates of homeschooled children are estimated to likely be even higher than the numbers suggest.

The question of whether or not to homeschool poses a potential dilemma for parents who are divorced. The choice to homeschool one’s children often has as much to do with closely-held beliefs around religion or cultural values as it does with fundamental questions about the competency of Illinois public schools. If parents disagree about homeschooling methods or the reasons for leaving the local public school, which parent gets to decide the best path for a child’s education?

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 Posted on April 06, 2022 in Family Law

One of the reasons that the divorce rate among younger couples in Illinois is beginning to decline is that many people are choosing to live together long-term instead of getting married. The risks of marriage may seem too great for the potential rewards, or a couple may simply be uninterested in the hassle and formality of a wedding.

Whatever the reason, living together still presents challenges in terms of who owns what property, especially if a couple shares financial responsibilities like home or vehicle ownership. If you are considering living together but not getting married, you will not be protected by marriage and divorce laws if you separate; you may, therefore, find a cohabitation agreement written with the help of an Illinois family lawyer useful.

Reasons for Writing a Cohabitation Agreement 

Couples who are married receive legal protections in the form of property rights, tax benefits, and paternity assumptions about any children that are born to them. However, unmarried couples who want similar benefits need written and signed cohabitation agreements. Some reasons to create a cohabitation agreement include: 

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 Posted on March 29, 2022 in Divorce

While many parts of getting divorced in Illinois are flexible, such as the exact details of how a particular couple will divide their marital property, other parts are more technical and, at the end of the day, all elements in a divorce decree must follow Illinois law. For simple divorces involving couples who have no children and no significant shared property, following the law may be easier because there are fewer complex issues to negotiate or legal statutes to interpret.

Many versions of online divorce software have cropped up in recent years to address divorce for couples who trust their ability to follow the law and handle the divorce process themselves. Divorce is not the only legal situation for which software exists - loan agreements, prenuptial agreements, wills and trusts, and tax returns can all be set up online. While the ease and simplicity of many of these services can be beneficial and inexpensive, potential divorcees should be wary of relying on internet software to handle the entirety of their divorce.

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