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Compassionately Working Through a Divorce When Psychological Concerns Are at Play
No matter the circumstances surrounding a divorce, the process is often riddled with overwhelming feelings of heartbreak, loss, and fear of the future. In addition, divorce proceedings can be complicated if a spouse has a mental illness or is battling a substance abuse problem. In cases where one or both of these factors are at play, securing legal representation from a skilled Illinois family law attorney who understands how to navigate a rocky divorce can be invaluable in ensuring your concerns are heard and your rights are protected.
Addiction and Mental Health Issues in a Divorce
In today's society, we are becoming more cognizant of how prevalent mental health and addiction issues are for many people. Mental health conditions such as depression, bipolar disorder, borderline personality disorder, and substance abuse issues with drugs or alcohol can, unfortunately, be significant reasons why a marriage ends up deteriorating. To get divorced, it is not required to demonstrate why the marriage failed. Under Illinois law, "irreconcilable differences" is when the court determines that attempts at reconciliation between spouses have failed and that any future attempts would also likely fail, which is a sufficient reason to divorce.
What You Need to Know When Navigating a Divorce When High Value Assets Are Involved
As is often the case, divorce can be a long and challenging procedure riddled with heartbreak, anger, and resentment toward your estranged spouse. An area that can become highly contentious during divorce proceedings is if there are considerable assets involved. The dividing of these assets can certainly be emotionally strenuous. If high value assets are relevant to your divorce case, there are several practical and monetary concerns that both spouses will need to be aware of. Much can be at stake in a high-asset divorce, and to make sure your rights are protected, contacting a knowledgeable Illinois divorce attorney can make all the difference.
Legal Matters in High Asset Divorces
When dividing property between spouses who are getting divorced, the state of Illinois engages in the principle of “equitable distribution.” This means the marital property does not need to be cut exactly in half between the divorcing parties. Instead, equitable distribution means that each spouse is supposed to receive a reasonable and rightful portion of the marital property owned by the couple.
What Is a Living Will and Why Are They Important?
More likely than not that you have heard of a will. In case you need a refresher, a will is a legal document that serves as the foundation of an estate plan. In addition, the document acts as a road map and guide for allocating someone's assets and property after they pass away. Finally, creating a will is an important step that grants someone’s family security and peace of mind.
So, you may be wondering, what is a living will? Essentially, a living will is a written document that functions as an advanced medical directive, which allows you, while you are still alive, to make specific decisions regarding what medical treatment you would like to receive if you become incapable of making such choices for yourself in the future. You may know other medical directives, like do-not-resuscitate orders and mental health treatment declarations. If you are interested in creating a living will, consider contacting an experienced living will attorney who can help you or a loved one navigate this sensitive time with the utmost compassion and knowledge of the best procedures moving forward.
The Legal Requirements for Surrogate Pregnancies in Illinois
It is often said that there is nothing more magical and rewarding than becoming a parent. But, sadly, becoming pregnant is not always as easy as a couple may expect. Many aspiring parents need a little extra assistance to make their family dreams come true.
Whether you are looking to see if you are eligible for surrogacy or are the intended parents considering surrogacy as a pathway to becoming parents, several legal requirements must be adhered to for the process to be legally valid. First, a surrogacy contract must be established at the outset of the process in Illinois. This contract is an agreement and, in many ways, a road map for the prospective parents and surrogate mother that helps safeguard the rights of the intended parents and surrogate. Whether you are the intended parents or a surrogate, an experienced surrogacy contract attorney can help both parties ensure that all rights are protected throughout the process.
The Process of Allocating Parental Responsibilities During a Divorce
If you and your partner have already decided to pursue a divorce, you have begun what can become a long, complicated, and intimidating process. It should be no surprise that things can quickly become contentious when children are involved in divorce cases, as they often are.
Every parent wants the best for their child. But unfortunately, the truth is that divorce can often be the hardest on the children involved. To ensure that your child's best interests are kept at the forefront of all the decisions you and your ex-spouse make, consider contacting an experienced family law attorney with extensive experience in helping clients determine the proper allocation of parental responsibilities.
Illinois Law Concerning Parental Responsibility and What It Entails
Throughout a divorce case, when children are involved, they are typically highly affected by whatever decisions are made between their parents. Under Illinois law, the court will allocate parental responsibilities to correspond with whatever the child's best interests are - unless the parents can agree between themselves, in writing, about what the allocation of significant decision-making responsibilities will be. Nothing in the law states that parental decision-making will be automatically granted to each parent.
What You Need to Know When Drafting a Will or Trust in Illinois
When planning for the future, there is no greater gift to grant a loved one than security and peace of mind. Questions like, "What will happen when I die?" or "Will my family be secure if something were to happen to me?" can be overwhelming but essential questions one must ask oneself. Building an estate plan that fits your and your family's needs is a critical step in ensuring that your family will be protected no matter what life throws at you. In addition, wills and trusts are excellent ways to grant yourself and your family the assurance that your family will be taken care of adequately in case of the unexpected.
What is a Will, And What Does It Include?
Essentially, a will is a legal document that serves as the foundation of an estate plan. This document organizes the allocation of a person's assets, property, and more after passing away. A will is customized to fit your family's financial and familial circumstances. While a lawyer is not required to make a will in Illinois, it is wise to hire a lawyer for the will-making process to ensure the document is legally binding and will hold up in a court of law against any legal challenges.
What Are The Pros And Cons of Divorce Mediation In Illinois?
Getting a divorce can be an exceptionally emotional and turbulent time for all parties involved. To make matters worse, the experience of going to court to resolve your and your spouse's legal issues can be an expensive, upsetting, and intimidating experience. In addition, parties may fear that placing essential decisions in the hands of a judge may result in their needs or their family's needs not being considered. Luckily, if both parties believe they may be able to reach a compromise through a mediation process, they will be able to wield more power over the outcome of their case.
According to Forbes, the average divorce in the United States costs $7,000. However, this number can fluctuate spectacularly depending on the case's variables. Often, spouses may choose mediation to help limit the potentiality of an expensive divorce.
What Is Mediation?
Depending on the case, mediation can be ordered by the court and a mediator appointed by a judge. In other situations, both parties may agree to solve their legal problems proactively through the assistance of a mediator. During the mediation process, parties will meet with a third-party mediator to help them pinpoint specific issues that require addressing, ensuring that everyone understands their legal obligations. It is important to remember that the mediator does not make any decisions on behalf of the divorcing parties. Instead, the mediator will help you and your spouse make decisions and compromises that, hopefully, both sides can be satisfied with in the end.
Is Collaborative Divorce a Smart Strategy For Our Family?
As the stigma of divorce continues to lessen and people getting divorced in Illinois are thinking more consciously about how they want to get divorced, one strategy for getting divorced has become increasingly prominent. Collaborative divorce, or the use of a team of divorce experts to help a divorcing couple transition peacefully from married to divorced life, offers many benefits, especially for families with young children. Because of the inherently cooperative nature of collaborative divorce, however, it may not be suitable for people in certain high-conflict situations. To learn more about collaborative divorce, read on and then contact a knowledgeable Ilinois divorce lawyer.
What Are the Benefits of Collaborative Divorce?
Many people who endured a hostile divorce between their parents as young children themselves want to spare their own children from exposure to such a difficult experience. Collaborative divorce offers parents an opportunity to bring experts and specialists on board who can not only help them negotiate a mutually agreeable parenting plan but can also help them understand ways to help their children through a potentially difficult transition.
Is DNA Paternity Testing Reliable?
While most fathers are happily involved in their child’s life, not all fathers are or want to be. Furthermore, not all men who are alleged to be the father of a child actually are. Paternity can become a hotly contested issue, especially when one or both of a child’s alleged parents are involved in relationships with someone other than each other. Issues of paternity can become matters of urgent privacy, and men and women both may rightfully fear the impact of having the wrong man labeled as the child’s father.
Thanks to DNA testing, however, mistakes rarely occur when establishing paternity. More children are getting the resources and support they need because fatherhood is much easier to prove now than in the past. If you are trying to establish the paternity of your child - or trying to avoid being wrongfully labeled a child’s father - it is important to understand Illinois paternity law and have an experienced paternity lawyer representing you.
Could You Benefit From a Small Estate Affidavit?
Responsible adults of every age and wealth level can benefit from setting up an estate plan while they are sure of their wishes and sound mind. While the end of life is rarely a pleasant thing to contemplate, people are often surprised at the peace of mind they get when they know their wishes will be respected and their family members are protected.
Unfortunately, an unexpected death may have left your loved one unable to create an estate plan, leaving you - the executor or beneficiary - trying to determine what to do. If you are responsible for managing the estate of a deceased person (the “decedent”), consider meeting with an Illinois estate planning attorney to find out whether a small estate affidavit could benefit you.
Small Estate Affidavit in Illinois
When someone dies without an estate plan, their property must go through the Illinois probate process. This can be long, difficult, and expensive, to say nothing of the emotional burden of managing an unplanned estate after the loss of a loved one.
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