Posted on March 29,2017 in Family Law

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.

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 Posted on March 15,2017 in 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.

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 Posted on February 22,2017 in Allocation of Parental Responsibilities

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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 Posted on February 08,2017 in Family Law

Statistics indicate that some 6,000 children are born with Down syndrome each year. Around 11 percent of school-aged children have Attention Deficit Hyperactivity Disorder (ADHD), and approximately one out of every 68 children are diagnosed with autism. Then there are many others who are with born with a heart defect, spina bifida, cerebral palsy, or other defect, illness, or condition.

What happens when the parents of these special needs children divorce?

In some ways, the process is the similar to all divorces. Yet there are also some notable differences, particularly when it comes to how child support is determined. If you have a child with special needs and are concerned about how child support will be determined, the following information may be able to help you better understand the process.

Illinois Child Support Laws

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 Posted on January 31,2017 in Divorce

Historically, divorce meant that children lost the close connection they had with at least one of their parents. This was often true, even in cases where both parents would have been considered fit to care for the child. Why did this happen, and have things changed? Fortunately, there are ways to improve the outcome of a divorce for your child.

How Divorce Has Changed

There was a time when fathers were given almost no explicit rights to their children. As a result, society saw an increase in troublesome childhood behavior. Many started to struggle in school. Suicide rates increased, fewer children were completing school, and more children and young adults were running away and becoming homeless. 

Data from several different federal agencies, including the U.S. Centers for Disease Control and Prevention, U.S. Census Bureau, and the Department of Justice have connected many of these issues to single parenting. This is not to say that there is a direct correlation between divorce, single parenting, and troubled children - the link could be merely coincidental in some cases. Further, there could be deeper issues within such homes, such as a history of domestic violence or poverty. 

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 Posted on January 24,2017 in Divorce

As we begin the New Year, it appears that the divorce rate for American couples remains in perpetual motion. Per the American Psychological Association (APA), a leading scientific and professional organization, the U.S. divorce rate is between 40 to 50 percent.

It is also estimated that 50 percent of all children in this country will experience the divorce of their parents before turning 18 years old. Based on state law, age, and maturity level, the majority of these children can voice their wishes as to which parent they would prefer to live with. 

A Child's Say in Where He or She Lives

In Illinois, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), divorcing parents are urged to actively participate in shared joint allocation of parental responsibility (formerly known as child custody). However, when a child is between 14 to 17, he or she can address a judge regarding their primary residential preference. 

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 Posted on January 05,2017 in Estate Planning

If you had to be away at the time of an important transaction, or if you suddenly became incapacitated, who would act in your place? Fortunately, there is a legal document that lets you name someone to act for you in situations like these - the "power of attorney."

There are different kinds of powers of attorney. A standard power of attorney lets you appoint someone to handle financial affairs. You can grant power over all your property, or limit the authority to handling a certain task. A standard power of attorney ends when you die, become incapacitated, or on a set date.

A durable power of attorney is like a standard power of attorney, except it stays valid even if you become incapacitated. Durable powers of attorney are often used to help avoid guardianship proceedings - because someone has already been appointed to handle your affairs, a court won't have to.

A durable power of attorney for health care lets you authorize someone to make your medical decisions if you cannot.

Powers of attorney are valuable planning tools. Laws regarding them are complex, so you should seek legal help in making or changing one.

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 Posted on January 05,2017 in Personal Injury

Insurance companies often claim that with them, you're in "good hands," or that they are on your side, "like a good neighbor." But when you need to make a claim, the opposite is sometimes the case, and it's therefore important for accident victims to get legal help promptly. Here are some real-life cases that show how insurance companies sometimes try to delay - or avoid - paying valid claims.

• Joe R. was badly hurt when the motorcycle he was a passenger on got in an accident. Under the law, Joe was entitled to collect money from the motorcycle driver's insurance company. But when Joe asked about the driver's insurance, the insurance company first said he was not covered. Then, after a long time passed, they told Joe he could receive money - but said the time limit for his claim had expired. Joe took the insurance company to court, and won.
• Julie H. was hurt when her car was hit by a drunk driver. The drunk driver's insurance company offered Julie a very small settlement though it knew she deserved a much higher amount. Julie took the insurance company to court, and won her damages plus an extra amount to punish the company for not promptly settling her claim for a fair amount.

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 Posted on January 05,2017 in Divorce

Many couples get a divorce when they discover their marriage was not right for them. Divorce is a legal declaration that the marriage is over. Except for certain obligations - like alimony and child support - the parties are free to remarry.

Most states once granted divorces only if a spouse committed a marital wrong like adultery or mental or physical cruelty. Today, all states permit no fault divorces. In a no fault divorce, a spouse need only show the marriage has failed - he or she does not have to prove a marital wrong occurred. No fault laws make it hard to prevent divorce if either spouse wants one.

To get a divorce, one must file a complaint (or petition) in the proper court. Most states have "residency requirements" -laws that prohibit divorces unless one of the spouses has lived in the state for a minimum amount of time (usually six months or a year) before filing the divorce action.

Couples seeking divorce who do not meet their state's residency requirements should not go to another state or country where these requirements are less strict. Such a divorce may be invalid in that person's home state.

Between the time the divorce action is filed and the divorce becomes final, several matters may require court orders. There are temporary orders regarding spousal support and, if children are involved, child custody and child support. A "restraining order" may be needed to stop one spouse from abusing the other.

The second part of a divorce (the first part is ending the marriage by court decree) consists of dividing marital property, providing for the payment of spousal support, and settling child support and custody issues.

If the parties cannot agree how to divide property, a judge decides. In some states, the judge considers the couple's assets, the length of their marriage and each spouse's contribution to it, and then divides the property in a fair manner. In other states, the couple's "community property" (the property either spouse obtained through his or her labor or skill during marriage) is divided evenly.

Emotions and complex issues are involved in any divorce. Thus, each spouse should seek legal help. A lawyer can provide advice about property settlement, support, custody and other issues, and explain tax and other consequences regarding these matters.

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 Posted on January 05,2017 in Personal Injury

You're driving along when suddenly a car hits you. It's hard to think clearly at this time, but the information that you obtain right after an auto accident - and what you say - can have a big impact on your recovery. Here are some steps to take when you are in a car accident. They will reduce the hassles and help make sure you get the maximum recovery that you are entitled to.

• Call 911 to get help for anyone badly hurt.
• Write down the name, address, phone and driver's license numbers, and insurance company of the other driver and the other car's owner (if the other driver does not own the car).
• Write down the other car's make, year and license number.
• Write down the names, addresses, and phone numbers of all witnesses (including passengers in both cars).
• Make a diagram of the accident. Show the positions of both cars before, during and after the accident. If possible, measure skid marks, and show them on the diagram. Be sure your diagram includes stop signs, traffic signals and cross walks.

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