Additions to your family can come in many forms, and adoption is one method that is beneficial for both parents and children. One great option for many families is adopting a child through the Illinois Department of Children and Family Services (DCFS). However, a DCFS adoption is a bit different than other types of adoption. Before beginning the process, you should determine if a DCFS adoption is right for you and your family.

DCFS Adoptions Are Unique

One of the basic differences between a DCFS adoption and a private agency adoption is that children who are adopted through DCFS are in the foster care system. According to the Adoption and Foster Care Analysis and Reporting System, there were 117,794 children in foster care throughout the United States who were waiting to be adopted in 2016. Children who are placed in a foster home have been removed from their families for a variety of reasons, including abuse or neglect, which may have resulted in trauma. These children also range in age from babies to teenagers, and if they are available for adoption, their birth parents’ rights have already been terminated.

When you think of the word divorce, you probably think of scenes in movies and television with couples screaming at each other over their issues and sitting in the courtroom while a judge decides their fate. However, the reality is that many couples seek a calm and refined dissolution of their marriage--this is where collaborative divorce comes in.

What Is Collaborative Divorce?

Collaborative divorce is a way that a couple can get divorced without the stress or intervention of the court system. The point of collaborative law is to avoid litigation and keep control over the outcomes of certain divorce issues, such as the division of assets and property, child custody and support agreements, and spousal maintenance. Each spouse will work with their own attorney who is trained in collaborative law, in addition to a team of professionals from different fields to come to an agreement. The process begins when the couple and their attorneys sign a legally binding contract--called a participation agreement--to agree to resolve their marital disputes outside of the courtroom.

When you are engaged, there are so many things to talk about--the honeymoon, the dress, the reception--but one of the not-so-fun things that you should discuss is getting a prenuptial agreement, or prenup. Doing so may save you in the event your marriage does not work out.

What Is a Prenup?

A prenuptial agreement is a contract that a couple signs prior to getting married that lays out terms for how certain matters will be handled in the event of a divorce. The agreement may state how couples will split their finances, what each person owns coming into the marriage, and how property acquired during the marriage would be divided. A prenup can cover everything from debt to retirement funds and how those are allocated.

In today’s families, parents often function as equal partners when raising their children, and both mothers and fathers are highly involved in decision-making and day-to-day care. Close relationships with their parents are beneficial for children, and these relationships should continue even if parents decide to end their marriage through divorce. 

In recent years, the divorce laws in Illinois have been updated to reflect the nature of modern parenting. The presumption that one parent will have custody of children has been replaced with the allocation of parental responsibility between parents, and rather than granting temporary visitation for a non-custodial parent, each parent will have parenting time with their children. 

Some advocates are pushing for additional changes to the law that they believe would protect parents’ rights. Currently, the Illinois House of Representatives is considering a bill which would change divorce laws to presume that it is in children’s best interests to have equal amounts of parenting time with both parents.

The process of divorce can be lengthy and complicated, and issues related to the property that a couple owns can often be very difficult to resolve. When determining how to divide property during divorce, couples should be sure to consider the following:

• Marital property - Any property that a couple acquires during their marriage is considered marital property, and Illinois law states that these assets should be fairly and equitably divided between divorcing spouses. However, “fair and equitable” does not necessarily mean “equal;” rather; each spouse should receive a “just proportion” of the marital assets.
• Non-marital property - Property which a spouse owned prior to the marriage or which they received by gift or inheritance is not subject to equitable division during divorce. A prenuptial or postnuptial agreement may also state that certain property is non-marital property. However, marital and non-marital property can become commingled, making it difficult to determine ownership. In some cases, non-marital property may be converted to marital property, or one spouse may be obligated to repay the other spouse for improvements they contributed to non-marital property.
• Real estate - The marital home may be one of the most valuable assets owned by a married couple, and determining how to divide it may be difficult. Spouses may choose to sell the house and split any profits from the sale, or one spouse may purchase the other spouse’s share of the equity in the home.
• Debt - In addition to the assets a couple owns, the debts they owe (such as credit card debts or automobile loans) must also be divided equitably between spouses. However, spouses should be aware that if their name is on an account, a creditor may attempt to collect debts from them if their ex-spouse fails to make payments.
• Family businesses - The assistance of a business appraiser is often required to determine the value of a family-owned business. One spouse may wish to purchase the other spouse’s interests in the business in order to ensure that the business will be able to remain operational after the divorce. If this is not possible, the spouses may wish to continue co-owning the business and working as partners after their divorce, with the option for a spouse to “buy out” the other’s share at a future date.
• Retirement plans - The balance of retirement savings accounts should be divided between spouses, and a person may also be able to receive a portion of their ex-spouse’s pension benefits. When distributing these assets between spouses, a Qualified Domestic Relations Order can be used to avoid penalties or taxes for early withdrawal.
• Social Security - Spouses who were married for at least 10 years may be able to receive half of their ex-spouse’s Social Security benefits when they reach the age of 62, as long as they have been divorced for two or more years. A person can only receive benefits from one source, so if their own Social Security benefits are larger than half of their ex-spouse’s benefits, receiving their own benefits would be a preferable option.

Contact a Barrington Divorce Lawyer

During divorce, it is important to consider every aspect of your property division settlement to ensure that assets and debts are divided correctly, providing you with the resources you need in the future. If you need help resolving issues related to the division of marital property, the attorneys at Anderson and Associates, P.C. can help you understand your rights and advocate for your interests throughout the divorce process. Contact our Palatine divorce attorneys at 847-995-9999 to arrange a free consultation.

The end of your marriage is likely to be a traumatic, chaotic time, but taking the time to prepare for your life after divorce will help you begin the next phase of your life on the right foot. One of the key concerns you should address is your finances, making sure that the decisions made during divorce will protect your financial security and ensure that you will be able to provide for yourself and your family. Here are some tips for financial planning during divorce:

• Gather documents - Be sure to obtain complete records that will give you the full picture of your and your spouse’s finances. These documents may include bank statements, credit card accounts, retirement accounts, investments, mortgages, automobile loans, pay stubs, tax returns, and appraisals of items you own. Fully understanding your financial situation will ensure that assets and debts are divided equitably, and it may help identify any hidden assets.
• Avoid hasty decisions - It can be easy to make decisions based on emotion during divorce (for instance, one spouse may insist on ownership of real estate because they have an attachment to the marital home), but it is best to take a step back and consider things rationally, ensuring that you are making the right choices to protect your financial interests. It is also a good idea to wait to make any big purchases or changes to your life that may affect your finances.
• Create a budget - Finances can be strained following divorce, so you will want to be sure to fully understand your income and expenses and prepare for a lifestyle that will meet your family’s needs without causing you to go into debt. If possible, leave yourself some room for flexibility, in case you experience any unanticipated expenses.
• Speak to a financial advisor - The financial issues that arise during divorce can be complex. An accountant or financial analyst can help you understand the full ramifications of your decisions, including the tax consequences of property division and the best steps to take to protect your financial health.

Contact a Schaumburg Divorce Attorney

Divorce does not have to mean financial ruin or mountains of debt. If you need help reaching a resolution to your divorce that protects your financial security, the skilled attorneys at Anderson and Associates, P.C. can work with you to negotiate a settlement that meets your needs. Contact our Arlington Heights divorce lawyers today at 847-995-9999 to set up a free consultation.

Children deserve to have a good relationship with both their parents, but this can sometimes be difficult after parents decide to divorce. Children often struggle to understand the reason for the end of their parents’ marriage, and they can have difficulty adjusting to dividing their time between two homes. Unfortunately, the emotional distress they experience is sometimes made even worse when one parent attempts to negatively influence their children’s relationship with their other parent. This is known as parental alienation, and it is important for divorcing parents to recognize when it is occurring and understand their legal options.

Forms of Parental Alienation

Parental alienation occurs whenever a parent attempts to influence their children’s feelings about the other parent, and it can take a variety of forms, including:

When parents decide to divorce, both they and their children may have difficulty adjusting to the major changes they will be experiencing in their lives. Some growing pains are inevitable as children become accustomed to dividing their time between two separate homes. However, parents can work to provide a good environment for their children by avoiding the following mistakes:

• Involving children in conflict - Even though parents will likely not get along very well during divorce, it is important to avoid arguing in front of children or exposing them to disagreements. This can be very damaging to children, so parents should work to resolve their disputes when children are not present.
• Inconsistency - Parents should work to maintain consistent rules and schedules at both their houses, which will provide children with a sense of security and help them avoid feeling anxious about what to expect. 
• Competition - Parents should avoid trying to win their children’s affection by overindulging them or giving them everything they ask for. It is also important for a parent to avoid speaking negatively about the other parent or blaming the other parent for the divorce.
• Sending messages - Parents should communicate with each other directly rather than sending messages through their children. Making children act as messengers can put them in the middle of conflict and cause them anxiety.
• Spying - While a parent may be tempted to ask children about their former spouse’s emotional state, the condition of their home, or their dating activities, it is important to avoid doing so, since this can place a great deal of stress on children.
• Forcing children to choose - Children should never be asked to make decisions about where they should live or choose sides in parental conflicts. This places children in a difficult position, and it can lead to a great deal of emotional difficulty for everyone involved. Parents should work together to make decisions or reach compromises without involving their children.

Contact a Palatine Divorce Attorney

During divorce, it is important to put children’s best interests first, and both parents should work together to resolve their disagreements in a way that creates a good foundation for an ongoing co-parenting relationship. At Anderson & Associates, P.C., we can work with you to resolve your divorce disputes through negotiation or mediation, and if necessary, we will advocate for your parental rights in court. Contact a Rolling Meadows divorce lawyer at 847-995-9999 to schedule a free consultation.

During divorce, spouses will work to resolve a wide variety of legal issues through negotiation or mediation, and ideally, they will be able to resolve these issues without the need for litigation in court. At the conclusion of the divorce process, a couple’s final decisions about these issues will be set down in a marital settlement agreement which will be incorporated into their divorce decree. In Illinois, a marital settlement agreement should include the following:

• Division of assets and debts - A settlement will specify how any marital property will be divided between spouses, including real estate property, physical possessions, automobiles, the balances of bank accounts, business interests, and retirement funds or pensions. It should also specify who will be responsible for marital debts. 
• Parenting plan - This portion of the settlement will specify how parents will share decision-making responsibility for their children or whether one parent will have sole responsibility in certain areas. It will also detail each parent’s parenting time schedule, including where children will stay on holidays, who will provide transportation, and any other relevant details.
• Spousal maintenance - If one spouse will be paying spousal support (alimony) to the other, the settlement will specify the amount of these payments and when these payments will begin and end. It should also include details about when these payments should be reviewed, adjusted, or terminated.
• Child support - The settlement will detail the amount of a parent’s child support obligations, as well as when these payments will begin and when they will be terminated. It may also specify how parents will divide the costs of their children’s medical insurance premiums, dental and orthodontic care, child care, extracurricular activities, or college expenses.
• Tax information - A settlement should specify which parent will be allowed to claim children as dependents on their taxes. It may also address whether the spouses will file a joint tax return if they were still married during the previous year and how any tax refunds or taxes owed will be allocated between the spouses.

Contact a South Barrington Divorce Attorney

The details included in a divorce settlement are often very complex, and it is important to have an attorney on your side who can ensure that your settlement which protects your rights and meets your needs. Whether you are beginning the divorce process or need to review your marital settlement agreement prior to finalizing your divorce, Anderson & Associates, P.C. can provide you with the legal help you need. Contact our Schaumburg divorce lawyers today at 847-995-9999 to set up a free consultation.

Ending a long-term relationship is difficult, and it is understandable to feel sorrow and anxiety during this time. During divorce and in its immediate aftermath, you may struggle to adjust to the major changes in your life. However, by practicing good self-care, you can not only survive your divorce but thrive in the next phase of your life. Here are some tips for caring for yourself during and after your divorce:

• Focus on the positive - You are likely grieving the end of your relationship, and this can lead to negative feelings about what you have lost. However, by taking time to remember what you do have and the good things in your life, you can build a more positive attitude, put painful experiences in the past, and move on to a better future.
• Establish a routine - It is understandable to feel adrift and unsure about the future during divorce, so following a standard daily routine can give you a sense of order in your life. This can also help avoid having too much spare time to wallow in negative emotions, which can lead to depression.
• Live a healthy lifestyle - People often neglect their own health when going through a major life change, but getting exercise and eating healthy foods can work wonders for your mood and overall well-being. While you may be tempted to cut loose and try to enjoy your newly-single life, be sure to practice moderation and avoid participating in harmful activities.
• Do things you enjoy - As a single person, you will likely have more time to participate in hobbies, sports, or other activities, either on your own or with others. This is a great time to learn a new skill, explore your community, volunteer for a local charity, or enjoy other new experiences.
• Reach out to others - Friends and family can offer invaluable support when you are going through changes in your life, and your divorce provides a good chance to spend time with people you care about or reach out to those you may have lost touch with.

Contact an Arlington Heights Divorce Lawyer

If you are considering ending your marriage, or if you have already become involved in the divorce process, the experienced, compassionate attorneys of Anderson & Associates, P.C. can answer your questions and work with you to reach a positive resolution to your divorce. Contact our Palatine divorce attorneys today at 847-995-9999 to arrange a free consultation.

Marriage is hard work, and it requires spouses to form a committed partnership and work together, treating each other with respect and making an effort to put their family’s best interests first. Unfortunately, there are many situations in which one spouse takes advantage of the other and commits acts of abuse designed to give them control in the relationship. While many people are aware of the signs of physical abuse, emotional abuse is often harder to recognize, but it can also be very damaging. If you are unhappy in your relationship, you may want to consider divorce if you are experiencing any of the following signs of emotional abuse:

• Oversensitivity - Abused people are often in constant fear of upsetting their partner or feel that they need to be careful of what they say to avoid provoking anger.
• Criticism - Emotionally abusive people will often tear down their victims in a variety of ways, including blaming them for things that are not their fault, making them feel like they cannot do anything right, making disparaging statements while claiming that they are joking, or offering backhanded compliments.
• Distrust - An abuser will often act jealous if their partner spends time with someone else, or they may want to know where their spouse is and who they are with at all times and require them to follow certain rules regarding what types of activities they are allowed to do and how often they should check in.
• Manipulation - Emotional abuse often takes the form of behavior designed to give a person control in a relationship. An abuser may withhold affection unless they get what they want, act in a passive-aggressive manner, refuse to acknowledge others’ feelings, or make their victim feel guilty for standing up for themselves. In some cases, they may “gaslight” their victims, lying to them about things that were done or said and making them question own memories or sense of reality.
• Isolation - Abusers will often attempt to control those they are abusing by not allowing them to spend time with friends or convincing them to cut ties with family members. They may also take control of finances or other resources, creating a sense of reliance on them.

Contact a Rolling Meadows Family Law Attorney

When a person is in an abusive relationship, their abuser often exerts a level of control that makes them feel that they have no other options but to remain in a bad situation. However, nobody deserves to be subjected to abuse. If you notice any of the above signs in your own marriage, you may want to consider divorce. The compassionate attorneys of Anderson & Associates, P.C. can help you understand your rights and options, and we will advocate for you to receive the financial resources you need to escape an abusive situation. Contact a Schaumburg divorce lawyer at 847-995-9999 to schedule a free consultation.

When a couple decides to end their marriage and get divorced, there are a wide variety of legal issues that must be resolved. Determining how to divide marital property is often one of the most complicated aspects of a divorce, especially when spouses own a home together. 

In some cases, a couple may decide to sell their home and divide the proceeds, but often, one spouse wishes to retain ownership of the home, especially when they want their children to continue living in a familiar environment and avoid having to transfer to a new school district. If a spouse does not have the financial resources to purchase their former partner’s share of the home, they may want to consider a divorce lien.

Understanding Divorce Liens

When parents of minor children decide to divorce, they will often put a great deal of thought into how the end of their marriage will affect their children and do everything they can to ease children’s transition into a new situation in which they live in two separate households. However, parents should realize that their divorce can also make a big difference in the lives of their adult children. Even though parental responsibility, parenting time, and child support may not be an issue for parents of children who have moved out of their childhood home and begun to support themselves, it is still important to understand how divorce affects adult children.

Protecting Adult Children of Divorce

After their parents’ divorce, adults are often reluctant to make commitments in their own relationships, or they may stay in a bad relationship in hopes that they can avoid repeating their parents’ mistakes. If you are the parent of adult children, you can help them deal with your divorce by following these tips:

When a married couple dissolves their marriage through divorce, they should both be able to continue living at a standard that is similar to what they enjoyed while they were married. Unfortunately, some spouses do not have the financial resources that will allow them to do so, perhaps because they earn less than their former partner, because their family obligations prevent them from working a full-time job, or because they passed up job opportunities during their marriage while supporting their spouse’s career advancement. 

In cases when a spouse is at a financial disadvantage following divorce, they may be able to receive spousal maintenance (also known as alimony) from their former spouse, especially if they made sacrifices to their own earning ability during their marriage or contributed to the education and training that allowed their former partner to increase the income they earn. However, divorcing spouses should be sure they understand recent changes to the law that affect spousal maintenance awards.

Updated Maintenance Laws in Illinois

After the end of a long-term relationship, you are likely ready to move on with your life and leave the emotional pain of your breakup behind. Unfortunately, this can be difficult to do during the days and weeks surrounding February 14th. As a holiday dedicated to love and relationships, Valentine’s Day can seem inescapable, with the products on store shelves, radio and TV advertisements, and other people’s plans for romantic celebrations all serving as reminders of your newly-single status.

If you have been recently divorced or are in the midst of the divorce process, Valentine’s Day does not have to be a negative time of the year. Here are some strategies for surviving the holiday during and after divorce:

• Spend time with friends - Getting together with other single people you know is a great way to have fun on Valentine’s Day, whether you are going out for dinner and drinks or having a party at your home.

• Take time for yourself - If you do not feel like being social, there are plenty of ways you can cope with loneliness during this season, including buying a gift for yourself, spending time at the gym, getting a massage, taking a class to further your career, or participating in activities and hobbies you enjoy.

• Focus on your kids - If you have children, you can work on creating new holiday traditions with them, such as cooking a favorite meal, working on crafts, playing games, or watching a favorite movie.

• Avoid social media - Facebook, Instagram, and other social networks can be a minefield around Valentine’s Day, with pictures of people’s celebrations and expressions of love reminding you of the end of your relationship. If you want to avoid these reminders, it is best to refrain from using social media altogether, and you should definitely avoid checking in on your ex-spouse’s activities, since this can make it harder to heal and move on.

• Volunteer - Giving back to the community is a great way to get your mind off your own troubles and create positive memories that you can associate with the holiday. There are a wide variety of activities that you can participate in, including volunteering at a soup kitchen, homeless shelter, animal shelter, children’s hospital, or nursing home.

• Take your time with new relationships - Rather than rushing to find a new partner, focus on taking care of yourself and healing the wounds of your breakup. This will help you avoid repeating the same mistakes a second time.

Contact a Rolling Meadows Divorce Attorney

When a couple’s relationship breaks down and they decide to end their marriage, they are likely to experience a number of strong emotions which may make it difficult to remain civil with one another. However, when spouses have children together, they should remember that divorce is not the end of their relationship, since they will both be parents of their children for the rest of their lives. By taking steps to establish a good foundation for co-parenting during divorce, they will be able to provide a good environment for their children for years to come. Here are some helpful tips for working together with your ex to co-parent your children:

1. Maintain consistency between both homes - Even if your style of parenting is different from your ex-spouse, it is best for children if their parents are on the same page about issues such as rules for behavior, school expectations, and methods of discipline. Work together with your ex-spouse to find parenting strategies you can agree on.

2. Stick to regular routines - Kids need consistency in their lives, so it is important to follow regular schedules for meal times, bedtimes, and other activities when they are staying with you. This structure will give them stability and reduce their anxiety about what to expect when moving between homes.

3. Communicate with each other - Make sure the other parent knows what is going on in your children’s lives and is up to date on their educational and medical needs. Let them know if you need their help with anything, if children have a major event or accomplishment to share, or if there is anything else they need to be aware of.

4. Be flexible - Court-ordered parenting time schedules are important, but either you or your ex may want to deviate from the schedule from time to time, especially when children are involved in events or activities. Be open to accommodating these requests while putting children’s needs first.

5. Encourage your kids to have a good relationship with the other parent - While you may not have positive feelings about your ex-spouse, they are still your children’s parent, and you should allow and encourage them to maintain a positive relationship with each other. 

6. Keep kids out of conflicts - Disagreements with your ex are likely, but you should do everything you can to avoid arguing in front of your children. Never ask children to take sides, avoid disparaging the other parent in front of them, and do not use them to send messages to the other parent.

7. Take care of yourself - Co-parenting means that you will have some free time when your children are with their other parent. Using this time to exercise, eat healthy food, socialize with friends, participate in activities you enjoy, and take care of your own needs will help you be the best parent you can be for them.

Contact a Barrington Divorce Lawyer

If you need help resolving the outstanding issues in your divorce, the skilled, compassionate attorneys of Anderson & Associates, P.C. can protect your rights and advocate for your children’s best interests as you work to reach an agreement that will provide a foundation for ongoing co-parenting. Contact a Schaumburg divorce attorney today at 847-995-9999 to schedule a free consultation.

When you are facing a divorce, you are likely overwhelmed with the changes you are experiencing in your life and uncertainty about your future. Since finances are a major concern during this time, you may wonder if you can save money by representing yourself in your divorce case. However, even in an amicable divorce, it is essential to have an attorney on your side. Consider the following six reasons why you need a divorce lawyer:

1. Providing legal representation - One attorney cannot represent both spouses, so if your spouse has already hired an attorney, he or she will not be looking out for your interests. Moreover, you will be at a disadvantage, even if you and your spouse are in agreement on most of the issues which need to be resolved. With your own attorney on your side, you can be sure that your rights and interests will be protected throughout the divorce process.

2. Meeting your legal obligations - There are a variety of legal requirements which need to be met to complete your divorce, such as the disclosure of financial information and the equitable division of marital property. Your attorney can help you ensure that you fully complete these requirements and avoid mistakes and omissions.

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The major life changes that accompany the end of a marriage can be overwhelming, even in the most amicable breakups. Whether you have made the mutual decision to move on from a relationship that is no longer working or have been unexpectedly served with divorce papers, you are likely not fully prepared for the upheaval that divorce will bring to your life. But while divorce can be stressful and full of complicated emotions, you can complete the process more efficiently and effectively by taking the following steps:

1. Manage your expectations - Your divorce will require some major changes to nearly every aspect of your life, from your finances, to your living situation, to your relationship with family and friends. When you are realistic about what you expect your post-divorce life to look like, you can then set goals for what you want to accomplish and work toward them throughout the divorce process.

2. Be honest - Divorce is a personal process, and it can require people to “air dirty laundry” in a public forum, which can be embarrassing. However, trying to hide information from an attorney or judge can have consequences, especially if you are trying to conceal income or assets that you do not think you should have to share with your ex-spouse. Being as open and honest as possible will ensure that fair decisions are made during your divorce.

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Divorce is difficult at the best of times, but it can become much more of a headache when one spouse is argumentative and prone to provoking conflict. You are likely ready to move on with your life after the end of your marriage, and the last thing you want is an ex who keeps dragging you back into old arguments and coming up with new things to fight about.

If your ex is making things difficult during and after your divorce, consider the following factors:

1. You can set boundaries. While you and your spouse were used to being able to confide in each other and talk about anything during your marriage, those days are over. Moreover, if you do not want to discuss your personal life with your ex or listen to their complaints, you do not have to do so. Keeping conversations business-like, avoiding emotional discussions, and hanging up the phone or walking away if things get heated are good ways to keep from letting your ex push your buttons.

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When you decide to end your marriage by getting a divorce, the process of separating the various aspects of your life from your spouse and establishing yourself in your newly-single existence can be incredibly complicated. During this time, it is easy to neglect your finances, but doing everything you can to avoid debt will help you prepare for a secure financial foundation following your divorce. 

Consider the following tips for understanding and managing your debt throughout the divorce process:

1. Get your credit report - It is important to understand your complete financial picture prior to your divorce, and obtaining a copy of your credit report is essential for doing so. This will help you identify all joint bank accounts and credit cards, as well as any outstanding debts.

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