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Recent Blog Posts
Who Gets Custody of the Frozen Embryos in an Illinois Divorce?
Infertility is a serious and common issue in marriage, which is why many couples turn to in vitro fertilization to conceive. What happens, though, if the couple then divorces? Who gets custody of the embryos? Does anyone? Furthermore, who gets to make the decision? The following information explores the subject of frozen embryos in a divorce, including how they are dealt with and how you can attempt to protect them with help from an experienced legal professional.
The Difficult Truth
Embryos, though typically comprised of both parents’ DNA, are not considered humans by most courts. Illinois law continues to treat them as marital assets. The unfortunate part about this approach is that these assets – unlike homes and cars – have no monetary value. Further, they can become a financial liability for the other parent, should the “custodial” party decide to use the embryos to conceive a child. As such, courts often decide that embryos must be destroyed. Alternatively, they may rule that the embryos can continue to be stored, but no one is permitted access unless they have obtained permission from the other party.
What Can Be Included in a Prenuptial Agreement?
Prenuptial agreements were once thought of as one of the most unromantic documents in existence, perhaps only surpassed by divorce papers. Thankfully, this valuable pre-marital document is finally receiving the appreciation it deserves. Millennials, the tech and creative industries, and the increasing number of remarrying and high-net-worth couples have all played a part in its revival. However, now, with so many seeking it out, it becomes crucial that couples take the time to understand what a prenuptial agreement can cover, and what it cannot.
Prenuptial Agreement Basics
The first thing that couples should know about prenuptial agreements is that each party must enter into the agreement voluntarily, without coercion or duress. Each party must also sign the document. Couples typically have control over most of the other aspects of their agreement, but there are some important exceptions. For example, parties cannot waive the option of spousal support if doing so would cause undue hardship for one of the individuals. It should also be noted that a judge can override such a waiver, if one party would be at risk for undue hardship for reasons that could not have been foreseen at the time the document was signed.
Bitter Divorce May Have a Negative Effect on a Child’s Immune System
Years of study, observation, and information have shown that children may be at risk for mental and emotional issues if their parents go through a divorce. Now, more recent information is suggesting that the negative effect is more a product of a contentious divorce, and not just a divorce itself. A new study backs this recent revelation; it suggests that bitter divorce could negatively impact a child’s immune system, perhaps for the rest of their lives. Thankfully, there are ways that parents can reduce this risk. The following information explains how.
Contentious Divorce versus Amicable Divorce
Illinois may be legally a no-fault divorce state, but the reasons for divorce are still there, simmering just below the surface. When grief, change, and the fear of losing time with a child are added into the mix, things can quickly become contentious. Unfortunately, it is that contentiousness which may harm children – not just mentally or emotionally, but also physically.
Dividing Property in an Illinois Divorce
During marriage, couples often think of their assets as joint property. However, the same cannot be said for couples going through a divorce. Many argue over what belongs to whom, not fully understanding what constitutes marital property. Misunderstandings over marital contributions and Illinois’ divorce laws can further compound the confusing division of assets in a divorce. The following information can help you combat some of the misconceptions about property division in a divorce. You will also learn where to find assistance with your divorce, and why it could be crucial to the outcome of your case.
Marital Assets versus Non-Marital Assets
Separating marital assets from non-marital assets can be fairly straightforward in some cases, but highly complex in others. In most situations, property purchased or acquired during the marriage is considered marital property, and anything acquired before the marriage is considered non-marital. However, there are extenuating circumstances that can complicate this formula.
Lack of Preparation Can Lengthen the Divorce Process for Couples with a High Net Worth
While most couples want to complete their divorces as quickly as possible, some spouses seem to enjoy dragging it out. At every turn, they find something to contest, and they refuse to compromise. Sometimes, this desire to delay stems from feelings of anger or bitterness. Other times, it is an extension of the abuse experienced during the marriage. Whatever the reason, lack of preparedness can leave the non-contentious party frustrated. Learn how to mitigate against the delaying tactics with help from the following information.
Know What You Own and What You Want
One of the biggest mistakes that divorcing parties make is that they fail to understand their financial landscape. Unfortunately, this can result in wasted time, and it also can leave too much of an opportunity for asset dissipation by the other spouse. Reduce your risk of both problems by ensuring you know what you own, and what it is that you want out of the divorce. Gather documents on all your marital assets, including:
Emotional Detachment from the Legal Aspects of Divorce Could Improve Financial Outcomes
Ending a marriage can be painful and emotionally difficult. In fact, many parties experience depression, anxiety, grief, anger, and stress while going through the divorce process. Unfortunately, these same emotions can cause friction between the parties, which can drag out the process and increase costs. Thankfully, some steps can be taken to minimize the risk of this happening. One of the most crucial steps is learning how to detach the legal aspects of divorce from the emotional aspects.
Approach Divorce Like a Business Transaction
At its core, the legal aspect of divorce is like a business transaction; two parties come to the table with their requests and then negotiate a deal that can hopefully satisfy all involved. When examining it from this standpoint, an argument over the wedding china can seem arbitrary. However, some spouses do argue over things – such as possessions – that do not matter. That is often because they are struggling with their feelings of betrayal, sadness, or loss. So, rather than let emotion dictate your decisions in divorce, consider why you want something in the settlement.
Avoiding Common Mistakes in Your High Asset Divorce
Divorce can be contentious and painful for anyone, but couples who have a high net worth can be especially at risk for compounding issues. Some divorces may even place the parties at risk for financial devastation. Learn how to reduce your risks by understanding how to avoid some of the most common mistakes made in high asset divorce.
Settling for the Sake of Settling
High net worth divorce negotiations can be draining, arduous and contentious – so much so that even the most patient of individuals may be tempted to accept an early settlement offer. Unfortunately, doing so may mean leaving behind money or assets that you may have otherwise been entitled to in your divorce. Avoid making this mistake by consulting with your attorney before accepting an offer.
Failing to Consider Tax Consequences
Parenting in a High Conflict Divorce – Examining the Potential Benefits of Parallel Parenting
Most divorce information sources highlight the benefits of cooperative parenting, but this model is not right for every family. In fact, some parents and children may benefit more from the parallel parenting model. The following outlines the parallel parenting model and explains what it is, when it may be the most appropriate solution, and how parents can make it work for their family.
What is Parallel Parenting?
Like cooperative parenting, the overall goal of parallel parenting is to ensure the child has a close and healthy relationship with each parent, but the method by which parallel parents reach their goal is nearly the opposite to that of cooperative parents. One of the biggest differences is the level and type of interaction between parents; cooperative parenting encourages active communication, but parallel parenting strives to reduce contention by minimizing contact. It essentially encourages each parent to work on their relationship with the child, rather than their relationship with one another.
Surviving Post-Retirement Divorce
While the divorce rate has been declining in most age groups, those over the age of 50 are getting divorced in record numbers. The percentage is now so high, in fact, that it has more than doubled over the last two decades. This phenomenon has been dubbed the “gray divorce.”
In some ways, these later-life divorces could be considered a positive thing; it means baby boomers are living longer and are more confident in their ability to enjoy a happy life on their own. Yet there are some important concerns that should be addressed. The following explains.
Considerations That Should Be Made
Unlike younger couples who have time to recover from the financial hit of divorce, those pursuing divorce after or near retirement age can be at serious risk for divorce-induced poverty. This issue can be even further exacerbated by the fact that retiring couples generally only plan for one set of expenses - not two. As such, couples should carefully consider how they will move forward with the divorce process prior to filing.
New Study Suggests 50/50 Parenting Time is Best for Kids
At one time, fathers lacked fairness in family court. Mothers were considered the nurturers, and thereby more critical for child development. Then studies started showing that the absence of fathers negatively impacted children. Now studies are showing that dads are not only important to development - they are equally important as mothers. Further, a recent study has indicated that a 50/50 parenting time plan is the most beneficial for children. The following explains how you can make this arrangement work for your family.
Remember Your Child Still Loves Both of You
In the midst of divorce, parents can easily get lost in their own emotional turmoil - their grief, anger, pain, and regret. This can cause parents to behave in ways they might not have under different circumstances. Yet children are at far more risk for negative effects during the divorce process. They may take ownership of the breakdown of the marriage. Some may regress, significantly so, and could become clingy. Alternatively, they may attempt to push one or both parents away.
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