Posted on November 19, 2024 in Divorce

When parents divorce, one of the hardest parts for them to figure out can be how to collaborate to raise and care for their children after they are separated. A growing trend called birdnesting offers a creative solution. Birdnesting means that the children stay in one home, while the parents take turns living in that home. This arrangement can be challenging and uncomfortable for some, so it is crucial to examine your dynamics with your ex before attempting it. However, if it can work for you, birdnesting can be an excellent way for families to address the emotional and practical challenges of divorce. Speak with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.

What is Birdnesting?

In a typical divorce, children need to adjust to living in two different homes — one with each parent. This means moving back and forth between homes and adjusting to different rules and routines, which can be challenging. 

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 Posted on November 13, 2024 in Divorce

When couples go through a divorce in Illinois, they need to divide their marital assets in an equitable way. That means that the value of all their property, assets, and debts is calculated and then anything they own as a couple will be divided fairly between both spouses.

 Unfortunately, some spouses have been known to spend and waste assets in such a way that the total amount that will be divided is significantly less than it should be. This is known as the dissipation of assets, and it can have serious legal consequences. If you are worried your spouse is squandering your marital assets and you will be left with much less than you deserve after your divorce, speak with a skilled Illinois family law attorney to learn about your options.

How Is the Dissipation of Assets Defined?

Illinois law defines the dissipation of assets as "the use of marital property for a purpose unrelated to the marriage at a time when the marriage is undergoing an irretrievable breakdown." Irretrievable breakdown means it is clear that the marriage is ending. The divorce is not yet finalized, which is why the assets have not yet been divided, but the spouses know that the divorce is happening.

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 Posted on October 29, 2024 in Child Custody

When parents get divorced, one of the most important tasks they need to accomplish is creating a parenting plan. This outlines how they will continue raising their children once their marriage is over. It includes details about who will pay for what, who will make certain decisions on behalf of the child, where the child will sleep, and more.

Most parents want to make sure their child’s best interests are being met, but it can be hard to prioritize that when you are in the process of getting a divorce. If you want to learn more about successful methods for creating a parenting plan, speak with an experienced Arlington Heights, IL divorce lawyer.

What Is a Parenting Plan?

"Parenting plan" is the term for the guidelines of how co-parents share parental responsibilities and rights after a divorce. It helps parents navigate complex issues that can come up when unmarried parents try to raise a child. The key components include:

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 Posted on October 17, 2024 in Divorce

It can take a couple a long time to conclude that the only path forward for them is divorce. After years of trying to make it work, going through couples or individual therapy, reading books and listening to podcasts by relationship experts, and living through an unhappy marriage, some people might feel impatient to put this all behind them once they are ready to split up. Many wonder how long a divorce takes to finalize. The answer is that it depends on several factors, including what the couple needs to divide, how the spouses communicate, and which divorce method they choose. This article will describe the more common options for divorce in Illinois and how long you can expect each to take. Consult with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.

5 Types of Divorce Explained

Different types of divorce appeal to different couples based on factors such as the dynamics between the spouses, the marital estate that needs to be divided, whether they have children and more. 

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 Posted on October 09, 2024 in Family Law

According to Illinois law, both parents of any child have a presumption of equal parenting rights and responsibilities. The courts decide on a case-by-case basis how matters like visitation and parental decision-making will be divided, and consider many factors to determine which arrangement would best suit the child’s interests.

However, there is no gender-based automatic rule that mothers always get more time with the child and should always receive child support instead of fathers. If you are a father seeking maximum parenting time with your child, speak with an experienced Arlington Heights, IL child custody attorney about whether you could be eligible for child support payments within the framework of your divorce settlement.

Parental Eligibility for Child Support

While America has come a long way in terms of gender roles and the awareness of parental capabilities, there are still some societal norms and taboos surrounding the division of responsibilities inside a household. In practice, many families do not fit the outdated model of a mother staying home and raising the children while the father goes off to work and spends minimal time actively parenting. In some families, the mother is the main breadwinner, and the father takes on most parental responsibilities. In some divorces, fathers are awarded primary custody and are also entitled to child support.

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 Posted on September 30, 2024 in Family Law

When married couples have a baby, the husband and wife are automatically considered the father and mother, with all the parental rights and obligations that brings. However, when a couple is not married when a baby is born, it is less clear-cut. The woman giving birth is automatically considered the mother, but officially recognizing a father requires various steps.

What you need to do, exactly, will depend on your circumstances and whether the man you believe is your child’s father is willing to cooperate. If your baby’s father refuses to acknowledge paternity, speak with a qualified Arlington Heights, IL family law attorney about how to prove it.

Establishing Paternity in Illinois

When both unmarried parents acknowledge their parental relationships, they can fill out a form called a Voluntary Acknowledgement of Paternity (VAP). Sometimes it takes time for the parents to get this done and they can submit it at any time, but if they fill it out in the hospital when the baby is born, the father’s name can be included alongside the mother’s on the birth certificate. This is a fairly simple process, with one major condition: it needs to be voluntary. If either parent does not want the father to be recognized as such, they cannot be forced to sign it against their will.

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 Posted on September 17, 2024 in Child Custody

Custody battles can take a toll on a family. However, sometimes, one parent fights for as much time as possible because they truly believe the other parent cannot provide a safe and healthy environment. If your spouse has a history of mental illness, substance abuse, addiction, or some other issue preventing them from raising your child in a way that suits their best interests, speak with a dedicated Arlington Heights, IL divorce lawyer about requesting a court-ordered psychological evaluation.

How is a Psychological Evaluation Requested?

If there is any concern about a child being placed in a harmful situation with an unfit parent, a psychological evaluation can be ordered to help the court determine whether the concerns are valid. These evaluations can be requested in one of two ways:

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 Posted on September 09, 2024 in Family Law

Many parents and individuals yearn to welcome a child into the loving embrace of their homes. Adoption is one of the most generous ways to do this. While the exact adoption process that a person who hopes to adopt (also known as an "adoptive parent") must undergo will depend on what type of adoption that parent is pursuing, there is no adoption that will not be made easier with the help of an experienced Illinois adoption attorney. If you are hoping to adopt and want to know more about the process, contact the family law team at A. Traub & Associates to schedule a consultation. 

What Types of Adoption Are There? 

When most people think of adoption, they tend to think of a newborn child going directly home from the hospital with the child’s adoptive parents. While this is indeed a common adoption scenario, there is a surprising number of other available types of adoption as well. These include: 

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 Posted on August 28, 2024 in Family Law

Even if you do not follow Hollywood gossip, it would be hard not to have at least heard about "Bennifer" or "Bennifer 2.0." These are the names that the media dubbed the on, off, on, and off-again relationship of Jennifer Lopez and Ben Affleck. The couple had a much-publicized relationship and engagement beginning in 2002. They called off the engagement in 2004, and Lopez went on to marry and divorce three times, while Affleck went on to have a 13-year marriage with another Jennifer – actress Jennifer Garner.

In the spring of 2021, the media rumor mill began rumbling that the couple were dating again and a year later, the couple wed. Now, just two years to the date of their wedding, Lopez has filed for divorce. What has surprised many Illinois divorce lawyers and lawyers nationwide about the action is that the high-net-worth powerhouse couple did not sign a prenuptial agreement before the marriage.  

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 Posted on August 19, 2024 in Maintenance

Divorce is usually never an easy situation to deal with, especially when it comes to financial matters. One of the most significant financial considerations in a divorce is alimony, also known as spousal maintenance. An Illinois lawyer can help you learn how alimony is calculated and how to navigate this area of your divorce more effectively.

Factors Considered in Alimony Calculations

Illinois courts consider several factors when determining whether to award alimony and how much to award. These factors encompass both financial and personal aspects of the marriage. The court examines the income and property of each spouse, as well as their individual needs and earning ability.

The calculation also includes any decrease in earning potential resulting from household duties, such as raising children. If one spouse will be paying the other alimony, the court considers the time necessary for the spouse seeking maintenance to acquire education or training for appropriate employment.

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