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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 Posted on August 12, 2024 in Family Law

Surrogacy can bring immense joy to intended parents. However, you must be prepared for unexpected medical complications that may arise during the process. An Illinois lawyer can help you understand and potentially prevent surrogacy challenges.

What are Some Potential Complications of Surrogacy?

Surrogacy, like any pregnancy, can involve various medical issues. Some common complications include gestational diabetes, preeclampsia, premature labor, multiple pregnancies, and placenta problems. Being aware of these possibilities allows all parties to prepare and respond effectively if they occur.

For example, consider a scenario where a surrogate develops gestational diabetes at 24 weeks of pregnancy. This condition requires careful monitoring of blood sugar levels and may require dietary changes or insulin therapy. The surrogate’s medical team must work closely with the surrogate to manage her condition, potentially increasing the frequency of check-ups and ultrasounds to monitor the baby’s growth. The intended parents need to be informed about the situation, its potential impacts on the pregnancy, and any additional medical costs that may arise.

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 Posted on July 30, 2024 in Child Custody

There are two components to child custody in Illinois. One part is physical custody, referred to as parenting time by Illinois law. The other part is legal custody, also known as parental responsibilities, which refers to making major decisions for the child, namely:

• Decisions about the child’s education

• Decisions about the child’s health

• Decisions about the child’s religious upbringing

Coordinating parenting time and splitting parental responsibilities is difficult, and it is not uncommon for divorced parents to become frustrated while figuring out child custody. There may be fights, frustration, and hostility, but hopefully, the parents can resolve their issues for the good of the child.

Sometimes, however, a parent may resort to parental alienation. This can negatively affect the child and the parent-child relationship. Illinois law even looks at parental alienation as a form of abuse. This article will discuss what parental alienation is and how it can affect child custody. If you suspect your ex-parent is engaging in parental alienation, speak with an Illinois child custody attorney to discuss your legal options.

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 Posted on July 22, 2024 in Divorce

Many things can complicate the divorce process. For example, a child who has special needs can affect a child custody case; high-value or complex assets can impact how marital property is divided; a spouse who is on active military duty overseas can hold up the divorce timeline.

A criminal record can also complicate the divorce process in more ways than one. This article will discuss those impacts, though questions about how a criminal record can affect divorce should be directed to an Illinois divorce attorney.

Domestic Violence

A record of domestic violence or spousal abuse on the part of either spouse can affect a divorce in several ways:

• Mediation, a form of alternative dispute resolution that helps couples reach settlements outside of court, might not be considered a viable option. If one of the spouses has been known to abuse the other, it may not be appropriate to have both spouses negotiate with each other in a room. In that case, the divorce may be litigated in court, which will cost both spouses significant time and money.

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 Posted on July 10, 2024 in Divorce

The divorce process often comes with many challenges, though it can become more challenging when a child is involved. Parents may argue over child support, decision-making responsibilities, and physical custody, also known as parenting time. These are in addition to other disputes that arise during divorce, like alimony and property division.

Throughout all this, the interests of the child can sometimes get lost in the shuffle. This is especially true if the parents become caught up in hostility toward each other and forget to focus on their child’s well-being.

In such cases, a court may appoint a guardian ad litem to represent the child in the divorce process. A guardian ad litem, which is Latin for "guardian for the case," is an Illinois family law attorney who is certified to advocate for children in court. He or she is a neutral party appointed by the judge.

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 Posted on June 28, 2024 in Divorce

There are many reasons why people decide to get divorced, chronic unemployment being one of them. Studies show that men who do not have full-time employment are 33 percent more likely to be divorced than husbands who are employed full-time. This means that many divorces happen because one partner is jobless.

Divorcing an unemployed spouse, however, has certain legal consequences. Whether the divorce is your choice or not, speak with a qualified Illinois divorce lawyer about what to expect.

Here are three things to consider if you divorce an unemployed spouse.

Alimony

In many divorces, one spouse is ordered to pay the other spouse alimony, which is also known as spousal support or spousal maintenance. The alimony order from the court, which determines how much and how long alimony payments will be, is based on several factors, such as:

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 Posted on June 20, 2024 in Child Custody

Learning how to parent after divorce requires making some adjustments. This is especially true if the parents live in different states, which can happen for various reasons. A parent may need to move for work, for example, or might need to care for a family member in a different state. This will affect that parent’s parenting time, which is how Illinois refers to physical custody.

Details about your parenting time — such as scheduling and communication — are outlined in a document called a parenting plan. A parenting plan is a legal document that married parents of minor children must submit to the court after filing for the dissolution of marriage. Once the court approves a parenting plan, it becomes legally binding.

One parent moving out of state usually requires changes to be made to the parenting plan. It is best to discuss these changes with an Illinois parenting plan attorney who can help you navigate the challenges that come when you are coparenting a minor child and need to move.

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 Posted on June 10, 2024 in Maintenance

Divorce often changes the financial situation of people going through it. Courts, therefore, may order one or both of the spouses to pay family maintenance, which refers to child support and/or spousal support (also known as alimony). Alimony is paid by one spouse to the other. When it comes to child support, both parents may be ordered to contribute.

Common questions among both the paying spouse (the payor) and the spouse receiving the support (the payee) are: 

• How do taxes factor into family maintenance? 

• Does the payee need to pay taxes on the support he or she receives? 

• Can the payor deduct taxes from the support he or she pays?

This article will discuss the answers to these questions. However, every situation is different, and any questions regarding family maintenance should be directed to a divorce attorney.

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