Posted on May 08,2017 in Division of Assets

Getting divorced in Illinois does not automatically kill your former spouse’s right to benefits from your life insurance policy. You can agree to give your former spouse some benefits in case of your death or choose someone else as your primary beneficiary. If you are responsible for spousal maintenance or child support payments, your former spouse can receive life insurance benefits as compensation for the payments he or she will no longer receive from you. Whatever your decision is, you must take specific action in order to change the division of your life insurance benefits after divorce.

Changing Your Policy

Under Illinois law, a divorce will automatically revoke some beneficiary designations, such as provisions in wills, trusts and power of attorney orders. If you do nothing to your life insurance policy, your former spouse may be entitled to the same benefits as when you were married. In order to change the beneficiary arrangement, you can:

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 Posted on May 03,2017 in Prenuptial Agreements

Creating a prenuptial agreement can be a pragmatic step for a marrying couple. Marriages can end prematurely, either due to divorce or sudden death. A prenuptial agreement allows spouses to determine:

• How property and debt will be divided;
• Whether one spouse needs to pay alimony; and
• Other matters that are not related to children.

You may see the logic in suggesting a prenuptial agreement, but discussing it can be emotionally awkward. How do you talk to your future spouse about being prepared in case your marriage fails? There are tactful and sensitive ways to start the conversation.

1. Pick the Right Time: Plan to first mention getting a prenuptial agreement when you know you will both be calm and capable of having a long discussion. If your fiancé is tired or in a bad mood, the discussion is more likely to devolve into an argument.

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 Posted on April 28,2017 in Guardianship

Being an adult does not mean someone is capable of making his or her own decisions. Adults may be unable to care for themselves because of:

• Mental illness;
• Developmental disability; or
• Dementia.

To help adults with disabilities, an Illinois court may appoint a guardian to oversee his or her protection, health and estate. However, a potential guardian must prove that the disabled adult is incapable of caring for him or herself.

Types of Guardianship

A legal adult of sound mind and without felony convictions may apply to become the guardian of a disabled adult. There are several forms of guardianship with different levels of responsibility:

• Personal guardianship, in charge of medical and residency decisions;

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 Posted on April 21,2017 in Child Support

When a child is conceived or born while a woman is married, Illinois law presumes that the husband is the legal father of the child. In some cases, the husband is not the biological father, possibly because of adultery or a relationship prior to the marriage. If you are the presumed father of a child that is not yours, you may want to free yourself of any financial obligation to the child. Getting divorced will not change presumed paternity, but there are legal processes to establish the biological father as the parent.

Denial of Paternity

If both you and your wife acknowledge that the child is not yours, you can sign a Denial of Paternity form within two years of the child’s birth. The form, which is filed with the Illinois Department of Healthcare and Family Services, states that:

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 Posted on April 14,2017 in Divorce

Going through your divorce can be an intensely emotional and personal experience, but divorce, in general, affects a broad number of people. By discussing your divorce with others, you may discover that what you thought were your unique problems are actually common experiences. Divorcees are often advised to see a therapist for individual attention to their emotional needs. Attending a divorce support group can be a good supplement to individual therapy.

What Is a Support Group?

Divorce support groups are meetings for people who are going through or have completed a divorce. One of the members will lead the others in introducing themselves if they are new to the group and discussing their personal experiences with divorce. The atmosphere tends to be relaxed, and members try to be supportive in allowing others to express their feelings without judging them.

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 Posted on April 07,2017 in High Asset Divorce

As part of the divorce process in Illinois, the marital property of the two spouses is split in a way that is deemed to be equitable. Each side must identify and value its assets to determine the marital property that must be split. Diverse and high value assets can make this process complicated, and some spouses may try to take advantage of that by hiding some of their assets or the value of those assets. Besides being illegal, hiding assets during a divorce can result in an inequitable division of property, as one of the spouses has more financial resources than is legally disclosed. It can be hard to tell if your spouse is hiding assets, but there are common methods he or she may use.

• Physical Assets: If you know your spouse has a collection of valuable items, such as cars or antiques, make sure those items do not get overlooked. If they suddenly disappear, your spouse may have hidden them with a friend or family member.

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 Posted on March 17,2017 in Divorce

The adjustment period for those going through a divorce can vary in emotional intensity and overall impact from person to person and from family to family. Children, in particular, are susceptible to high levels of stress and emotional turmoil, especially when the situation is not properly explained to them or communicated in a way that helps them understand the reason for the family separation.

Tips on Helping Your Children

If you are recently divorced and wish to provide your children with the ample support they need to grow up happy and healthy, making the following efforts can pay off in the long run:

1. Acknowledge everyone's feelings - Communicating that it is ok to experience natural feelings of confusion, hurt, anger, and sadness is a crucial part of helping children adjust to divorce, and it can actually work in tandem to help parents heal as well. Talk with your kids about the emotions they are feeling and let them know that you feel the same things, too. This will let them know they are not alone in their struggle and give them the support they desperately need.  

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