Mevorah Law Offices

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For many spouses, the thought of a peaceful divorce is a definite oxymoron. With so many factors contributing to the conflicts that often plague the divorce process, it may seem almost impossible to imagine a marriage ending on friendly terms. Sensitive issues such as the division of debts, spousal support, and parenting time have the power to amplify emotions and create overwhelming tension in the midst of a separation. Working through these issues can be extremely challenging and painful, especially when interactions between parties are hostile. However, psychology experts tell us that a peaceful divorce is not a…
The emotional upheaval brought on by divorce in the family can be exhausting and intense. It can take a significant amount of time for everyone to process the event, regardless of how amicable the decision to separate may have been. The end of a marriage is particularly difficult for any children involved, as they are suddenly confronted with not only the reality that their family is changing, but also the realization that they must accept and adjust to new routines and essentially a different way of life. The result of such a big transition is a lot for children of…
Even in the midst of a divorce, when big changes are already in motion in a household, other circumstances can arise that create an even greater divide between a parent and a child. Sometimes new developments at work or with extended family surface, placing a parent in a position where he or she must decide whether or not to relocate in the wake of a divorce. In other situations, one parent simply wishes to retaliate or distance him or herself–and the child the couple shares–from the other, with hopes of starting over after the separation. Whatever the reason for a…
Under Illinois law, a person other than a child’s legal parent may be appointed to act as their legal guardian. While guardianship is considered a separate type of legal proceeding from the dissolution of marriage, the issue may arise when a minor child’s legal parent is going through a divorce. Guardianship can be sought by grandparents, even when the legal parents are not divorcing or planning to end their marriage. Why a Grandparent May Need Guardianship There are many reasons why a grandparent may need guardianship. The grandparent may be taking care of the minor child after the divorce…
It has been said that nothing is certain but death and taxes; this rather sardonic depiction of life is credited to one of our founding fathers, Benjamin Franklin. What is also almost as certain is if you find yourself in a legal jam, you need a lawyer. It is important to know that all lawyers are not the same, and this is true even for those who limit their practice to areas such as divorce and family law. Statistics show that over 22 percent of first marriages end up in divorce in less than five years, and 53 percent…
Marriage is not for everyone; however, there are those people who enter into marriage believing they can make it work and last a lifetime. Unfortunately, even for those couples who give it their best, they may ultimately decide to divorce. Indeed, most recent statistics available show that more than 22 percent of couples marrying for the first time end up divorcing in less than five years, while 53 percent of all marriages dissolve by the 20-year anniversary. Although divorce proceedings are usually carried out in court, litigation is not always necessary to legally terminate your marriage. Alternative Dispute Resolution…
In Illinois, marriage dissolution, or what is most commonly referred to as divorce, is the sole means by which a couple can legally terminate their marriage. The termination itself requires a judgment entered by the court, which a judge will issue after the couple agrees to the terms of the divorce. If the couple cannot reach an agreement, then a judge will decide the marital and child-related issues, including the allocation of parental responsibilities and other matters, such as division of property and assets or spousal maintenance (alimony). It is not unusual for one of the spouses to decide to move…
The process of obtaining legal parental rights over a child that is not your own is known as adoption. Once you have done what is required and successfully completed the process, you will establish a legal family relationship between yourself and the child you are adopting. As an adoptive parent, you will have the same rights, duties, and obligations to the child as the child’s biological parents would have. Who Can Adopt a Child? Under Illinois law, basically, anyone of age can adopt a child provided they follow the law and meet the adoption requirements. So, it does not…
People going through divorce usually worry about how assets such as a house, car, or retirement accounts will be divided when the divorce is final. With information and technology becoming increasingly intertwined in evolving societal norms, however, intellectual property is equally becoming an important category of assets owned by a married couple. Intellectual property includes things such as copyrights, trademarks, and patents. Is Intellectual Property Marital Property? Illinois law defines marital property as property, including assets and debts, the divorcing couple acquired after getting married. There are a few exceptions, but this law is broad enough to include in it…
After a divorce is made final, and sometimes even before that, an Illinois family court will enter an order regarding the allocation of parental responsibilities. This order controls how parental responsibilities are shared between the divorcing couple. One of these responsibilities is time shared with a child. Determining Parenting Time If a divorcing couple has not agreed on a parenting schedule, the court will determine how and when visitation will take place in the best interest of the child. The court will do so relying on expert opinions and considering several factors, including the following: Each parent’s wishes; Wishes…
You went into marriage with every intention to have it last forever. However, as things have turned out, you now find yourself contemplating a divorce but you are not sure if that is the route you want to take. Couples who find themselves in this situation, namely, those who are not sure whether to divorce or not, usually start by at least physically moving out of the home. Physical Separation Is Not Legal Separation. Legal separation has a special meaning besides being physically separated. In order to be considered legally separated, you must have a court issue an order in…
The U.S. Census Bureau reported that, as of 2011, 11.4 million married-couple households, or 21 percent of all married-couple households in America had at least one spouse born in another country. About 13 percent (7.3 million) of households had two foreign-born spouses, and 7 percent (4.1 million) had one native-born and one foreign-born spouse. With those numbers likely going up, along with it comes serious implications involving children, especially those involved in legal separation or divorce. Taking Children Out of the Country Generally, taking a minor child outside the country is not an issue if you have proper documentation…
Illinois is an “equitable division” state, which means the judge presiding over your case will determine what is fair when dividing marital property between you and your spouse during a divorce. However, the judge does not arbitrarily decide what is fair and equitable. Rather, the judge must follow factors provided under Illinois law which are listed below.    What Constitutes Marital Property? Marital property under Illinois law means all property, including assets and debts, acquired by either spouse subsequent to marriage with very few exceptions. By this definition, property acquired prior to marriage is not included, except in certain special circumstances.…
Members of the Millennial generation, who are now aged 23 to 38, are more likely to want a prenuptial agreement than prior generations. They are also more likely to approach the idea of a prenups as partners rather than as one wealthy person trying to protect his or her assets. Why is this, and what are the benefits of a prenup for younger couples? Millennials Are Starting Marriage Differently Millennials are more likely to seek a premarital agreement than their parents and grandparents due to their age and status at the time of their marriage. Millennials are marrying later, which…
Child support payments are a significant financial burden for some parents and an important source of funds for others. Whether you are a payor or a recipient, you should know when child support payments can and will stop.  Child Support Ends When the Court Order Says It Ends  Your child support order should specify the end point for paying child support. In most cases, child support will end when a child turns 18, the age of majority. However, if the child is still attending high school when they turn 18, child support must generally continue until the child graduates from…
Historically, the legal need to establish paternity or parentage only arose when a child’s mother was not married to the child’s biological father at the time of the child’s birth. Today, questions of parentage can arise in numerous situations, including pregnancies involving: Female couples, when one is the biological mother of the child. In vitro fertilization, wherein donated eggs and sperm are combined in a laboratory dish, and one or more embryos are transferred to the uterus of an unmarried woman who will be the child’s mother. Gestational surrogacy contracts, which oblige the female surrogate to surrender custody of a…