Posted on August 21, 2020 in Paternity

You might think being able to use science to determine paternity with absolute certainty through DNA testing would make family law cases much easier, especially when it comes to defining child custody, child support, and parenting time. However, the truth is that it can actually complicate things even more than intended. Here is how introducing DNA testing into the legal process has changed paternity, fatherhood, and father's rights:

Why Paternity Is So Complex, Especially Now With DNA Testing

Paternity has always been a complex issue, but before DNA testing, according to the law, it was relatively simple: if you were married, and your wife had a baby, you were considered the father. However, as many people know—and even knew then—it is rarely that simple in actuality. Now that medical technology has caught up with the dilemmas surrounding paternity, DNA testing has provided the courts with an exact, indisputable science to determine the identity of a child’s father.

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 Posted on August 19, 2020 in Asset Division

Over the course of a marriage, couples can accumulate a large amount of marital assets and debts, including homes, cars, savings accounts, businesses, investments, mortgages, and more. If you decide to get a divorce, the prospect of dividing property between you and your spouse may be one of the most daunting parts of the process. However, in many cases, division of property does not have to be an ugly fight. If you and your spouse are willing to communicate and cooperate, you may be able to reach an agreement that works for both of you through divorce mediation.

What Is Divorce Mediation?

Mediation allows divorcing couples to make collaborative decisions about the terms of their divorce agreement, including not only property division, but also child support, spousal support, and parenting time and responsibilities. A neutral, third-party mediator guides the discussion to promote constructive conversations and efficient resolutions, but you and your spouse maintain control over the outcome. Mediation may only be possible if you and your spouse are both interested in cooperative solutions, but when that is the case, mediation can save you the time, money, stress, and lack of privacy that you would face in a trial.

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 Posted on August 12, 2020 in Divorce

In the United States, the average outstanding student loan debt for people who attended college is over $30,000. For many, this makes student loans one of their largest sources of debt, perhaps second only to a home mortgage. In a divorce, if you, your spouse, or both of you have student loan debt, it may factor significantly into the settlement negotiations or litigation, since separating couples in Illinois are required to distribute both marital assets and debts. However, it may not always be obvious which spouse will be responsible for the ongoing repayment of these debts.

When Are Student Loans Considered Marital Property?

You might expect that after a divorce, student loan debt will stay with the person whose education the loan paid for, but this is not necessarily the case. If you or your spouse incurred student debt before your marriage, it will likely be considered non-marital property and thus not subject to division. On the other hand, if one or both of you took out a student loan to pursue education during your marriage, any debt remaining on that loan at the time of divorce will likely be deemed marital property, especially if the reason for pursuing higher education was to increase earning potential in a way that would benefit the marriage.

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 Posted on August 01, 2020 in Finances and Divorce

With many provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed back in March expiring and the economy still suffering, Congress has started negotiations on additional legislation to relieve Americans facing financial burdens. While the Senate Republicans have the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act and the House Democrats have the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act—all differing vastly in how to provide aid—there are two things that almost every politician agrees on:

• The country needs additional emergency assistance from the government to weather this storm and somehow stay afloat.

• Direct payments in the form of stimulus payments, similar to those allocated in the CARES Act, might be the quickest, most efficient way to provide citizens with immediate relief.

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 Posted on July 30, 2020 in Asset Division

The division of property in most divorces is relatively straightforward, but when managing a high-asset divorce or a complex divorce, the task of dividing property and assets can get extremely complicated. The diversity of assets as well as the sheer value of each item can make these cases feel less like ending a marriage and more like settling a business dispute. In some situations, this is exactly the case — if one or both spouses own a business, the law requires it to be included in the division of property process. Whether you are a silent partner, a proactive founder and president, or anything in between, your spouse may be entitled to some of the value derived from your business upon divorce.

How Your Spouse Stakes Claim in Your Business—and How to Avoid It

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 Posted on July 29, 2020 in Child Custody

Many studies suggest that children of all ages are actually quite resilient when it comes to coping with their parents’ divorce, transitioning to a relatively well-adjusted new living situation within a year or two. However, there are some serious causes for concern that might require adult intervention from professionals, such as psychologists, therapists, social workers, and maybe even your child’s teachers. Be sure to look for telltale signs that professional intervention may be necessary for your child to process your divorce in a healthy manner.

3 Behaviors That Suggest Your Child Needs Professional Intervention

As with most psychological issues, the tipping point to determine whether or not your child truly needs professional help coping with the divorce is usually evident when his or her reaction to the divorce is interfering with normal functioning and development as a child. A wide array of emotional responses—from sadness to anger—will be common, but that does not necessarily mean your child needs outside help. Here are common disruptive behaviors in reaction to the divorce that might require professional intervention:

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 Posted on July 24, 2020 in Paternity

When it comes to fathers’ rights, paternity is the building block upon which all other parenting decisions are made with regards to child custody. Proving that you are or are not the father of the child can make a world of painful difference, be it emotional when you realize you may no longer be entitled to parenting time or financial when a court rules that you must pay child support for a child being raised by another man. Depending on your situation, you might want to consider legal action.   

What to Do if the Divorce Proceedings Uncover Paternity Issues

If somehow during your divorce, your wife says the child you have cared for during the marriage over the last several years — the same one you cradled to bed as a baby, took to the park as a toddler, and brought to the movies as a schoolchild — is not actually yours, you will need to make the proper legal arrangements and begin developing a winning strategy to protect your rights as a father. In particular, consider the following:

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 Posted on July 23, 2020 in Divorce

Divorce is labeled as one of the most difficult life experiences one can go through. Some even compare the emotions of divorce to those that come from losing a loved one to death. A scientific journal entitled Psychological Science published a study about which personality trait best enables people to successfully survive a divorce. According to the study, the trait that makes people most resilient after a divorce is referred to as “self-compassion.” Whether or not this trait comes naturally to you, there are a few ways that you can practice self-compassion when it comes to your divorce. 

Taking Time to Heal

Self-compassion is exactly what it sounds like: being good to yourself. However, this does not mean materialistically treating yourself. Instead, self-compassion has more to do with your philosophy and approach toward daily life, especially after the divorce. Here are ways to build this self-compassion and allow yourself to bounce back from your divorce:

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 Posted on July 23, 2020 in Post-Judgment Modification & Enforcement

With U.S. unemployment numbers reaching historic highs over the last several months, many Illinois residents are finding themselves incapable of paying their child support and spousal support. Unfortunately, despite these extenuating circumstances and even if you are unemployed, you are still required to make these payments. Here are the consequences of failure to pay and what you can do if you know you will be unable to pay your spousal maintenance or child support by their due date.

What Happens If You Do Not Pay Child Support or Spousal Support?

If you neglect to pay the child support or spousal maintenance payments ordered by the court in your divorce decree, any or all of the following could happen:

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 Posted on July 23, 2020 in Asset Division

If you are not paying close attention to you and your spouse’s finances leading up to your divorce, during your divorce, and after your divorce, you might overlook hidden assets. It is important to keep an eye on your finances to be sure that you are receiving a fair and equitable divorce settlement. Never is this truer than during a complex divorce or a high-asset divorce. In other words, the more property and assets you have as a couple, the greater the likelihood that one or both of you might be hiding these assets. In order to be vigilant about potential hidden assets in your divorce, you need to be aware of some of the most common ways spouses can attempt to hide assets. 

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