Posted on July 11, 2022 in Family Law

Someone contacting you to inform you that you are the father of an unplanned or unwanted pregnancy can be a shocking experience. While some men are excited to learn they are going to be a father, others are understandably upset to learn that someone is trying to hold them responsible for a child they do not want or do not believe is theirs. Being a father is a tremendous responsibility, both in terms of its ethical and legal implications. If you are being asked for child support and are skeptical of the claims about the child’s paternity, contact an experienced family law attorney who can help. 

How is Paternity Established in Illinois? 

Establishing paternity for a married couple’s child is simple: the husband is presumed to be the father. But if you are married and you suspect your wife may have conceived your child with another man, you can overcome the presumption that you are the father by requesting genetic testing that shows otherwise. Generally speaking, if there is any question about whether a man is a child’s father, genetic testing can be requested by either the mother or the presumed father or ordered by a court. 

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 Posted on June 27, 2022 in Divorce

Even in the most amicable divorces, the divorce process is not easy and it is normal to feel overwhelmed with emotions when the divorce is over. You may feel grief and relief at the same time, as well as periods when you vacillate between self-doubt and confidence that you made the right decision. Feeling and expressing these feelings is normal and healthy, but sometimes people get stuck in their grief and cannot process it in a healthy way. If you have recently gotten divorced or are considering divorce in Illinois, here are some tips to help you recover from the grieving period. 

What is Divorce Grief? 

People are often ashamed to admit how much grief they feel after a divorce, especially if they initiated the divorce proceedings. But divorce is a tremendous loss in many ways - your identity, your relationship with your children, your community, and even your friends may be lost or dramatically changed. And, of course, your spouse is no longer part of the picture, making the future uncertain. Grief is a natural process that allows us to work through our feelings of loss and move forward into the next stage of our lives, ideally with some room in our hearts for new experiences. 

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 Posted on June 21, 2022 in Divorce

When Bill and Melinda Gates announced their intention to divorce, many people who hardly knew a thing about the couple besides their tremendous technological and philanthropic achievements were stunned. Despite the well-known statistics, people simply do not expect couples who are married for so long to get divorced. But many couples do divorce after spending two, three, and even four decades together. Experts say that changing social norms around why people stay in marriages and what reasons are acceptable for getting divorced have contributed to higher rates of divorce later in life. Here are five of the most common reasons couples get divorced after long-term marriages in Illinois. 

Money

Many couples fight constantly about money. Because behaviors around money usually have more to do with innate character traits, conflicts around money are not easily resolved and tend to continue over time. When a couple has been married for decades, retires, and has the financial stability to separate from their partner, they may find that disagreements over money are simply too stressful to overcome any longer. 

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 Posted on June 09, 2022 in Divorce

Once you know you are going to get divorced, planning for the future is only natural. Scheduling activities with your kids, deciding how to divide your personal belongings, and finding a new residence can all begin happening well before an Illinois divorce is finalized. But what happens if one parent moves out of the marital home and does not want to rent? Is it possible to purchase a home before a divorce is finalized so you can make the transition to life after divorce as easy as possible? Read on to find out. 

Is it Legal to Buy a New House Before Divorce? 

There is no law against buying a second home under your own name while you are still married. However, there are several reasons why doing so may not be a good idea. These include, but are not limited to: 

• Dissipation claims - Using marital funds for reasons that do not benefit the marriage can expose you to asset dissipation claims. Even if such a claim is untrue, it can be expensive and time-consuming to argue that you did not dissipate marital assets when buying your home. 

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 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. 

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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. 

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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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