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Tag Archives: family law

DuPage County family law attorneysDivorce rates for the American population have been on the decline for several years now, but until recently, no one really understood why. After an analysis from the University of Maryland, experts believe the decline can be directly attributed to the millennial generation. However, it is not just the divorce rate that this demographic is influencing; they are also doing marriage very differently than their predecessors. Learn more in the following sections, including how a seasoned family law attorney can help you protect your marriage, should a divorce ever occur, or assist you in pursuing a favorable outcome in a pending Illinois divorce case. 

Millennials and Marriage

The institution of marriage was once a way of life, what was expected of younger people when they left home. Sadly, those marriages often ended in divorce, either because the parties faced irreconcilable differences or simply decided that they were no longer happy or compatible. Some of those divorcees eventually remarried again; a fair percentage of those marriages also ended in divorce. Millennials are doing things a little differently. Many are waiting until they have an education and career in place before tying the knot - if they decide to do it at all. As a result, they are inherently less likely to divorce. Millennial couples are also signing prenuptial agreements at an almost unprecedented rate, which is helping to protect parties if a divorce does later occur. 

Millennials and Divorce

Although divorce has risen for some of the population (particularly those aged 55 or older), millennials are divorcing at a much lower rate than previous generations. Experts say that part of this could be attributed to their waiting so long to marry, but there are likely other factors at play as well. Higher education and income levels are common among married millennials; both have long been associated with a lower risk of divorce. Much of the poorer population is deciding to cohabitate, rather than marry, which is making it more of an institution for the “elite.” Some may see this as a negative, but there are some benefits - so long as the cohabitating parties have taken steps to protect themselves, should the couple decide to call it quits (i.e. establishing parentage for any shared children, having a cohabitation agreement that addresses how assets, leases, and other aspects of separating will be handled, etc.). 

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Illinois parenting time lawyersLife after divorce can be hectic, especially if you share children with your ex-spouse, but a new phone application is trying to make it a little easier. Designed to help divorced parents manage their children’s schedules from two completely different homes and devices, it is revolutionizing divorce. Learn more about the application and how you can incorporate it into your Illinois parenting plan with help from the following information.

How the App Works

Developed by a divorced Florida dad of two, the application is named Fayr, and it can track everything from time sharing to schedule changes, all in real time. It also permits the exporting of court documents, location check-ins, and can keep track of child-related expenses. Families who are using it sing its praises, saying it helps keep everyone organized – even the kids. Currently available on iOS for a monthly subscription fee, and set to release for Android at the end of 2017, it can also easily be incorporated into an Illinois parenting plan.

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DuPage County adoption attorneys, benefits of second adoptionA second parent adoption is a way for a non-biological parent to adopt a child while the biological parent’s rights stay intact. There are many reasons why a second parent adoption may make sense for a wide variety of families.

Second Parent Adoptions

When most people think about adoptions they think about a traditional adoption scenario where the biological parent or parents give up all rights to the child and another person or couple are given parental rights. A second parent adoption is a very different scenario. With a second parent adoption, a biological parent keeps his or her parental rights and the “second” parent is also given parental rights through the adoption process. At the end of the process, another person has all the rights and responsibilities that come with being the legal parent of the child.

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Under Illinois child custody law, the idea of custody encompasses two sets of rights: physical custody, which is the responsibility for the child’s personal care; and legal custody, which involves making major decisions about the child’s life. Custody can be shared by both parents, or vested only in one parent, depending on what a family law judge decides is best for the child.

For all court decisions relating to children, the central consideration is the best interests of the child. Many factors go into determining the best interests, including the wishes of the child, the wishes of the parents, the quality of the relationship of the child with her parents, siblings, or other close relatives, the child's level of adjustment to her home, community, and school, the mental and physical health of the child and parents, physical violence, threats, or other abuse by the parent, of the child or others, and the willingness of each parent to cooperate to allow for a relationship between the child and the other parent to continue and grow.

The default assumption for courts is that the involvement of both parents is best for the child, but this can be disproven if one parent raises valid concerns about the negative physical, mental, moral, or emotional impact of the other parent on the child. Based on their findings, a court will decide to either grant sole or joint custody over the child.

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child divorce reactionPerhaps the only thing more challenging than navigating a divorce is doing so when there are children involved. Cases differ in circumstances, but for the most part, it is generally true that parents are very concerned with the well-being of the children as they go through this process and their family is ultimately changed. There is no shortage of advice for divorcing parents with children, and many parents welcome ways to make the transition easier for their kids. A recent article suggests 10 things that all parents who are going through a divorce should say to their children for encouragement and reinforcement during this difficult time.

Advice for the Children

  1. Assure them that what is happening between you and your spouse is not their fault. It is normal for them to look for reasons their parents are divorcing, and some children may blame themselves.

  2. Validate their emotions by letting them know there is no wrong way for them to feel. Their emotions can fall on a spectrum, just as is possible for the spouses who are divorcing. Whether they feel sad or angry, let them know their feelings are natural and realize they may change over time.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
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Phone630-580-6373
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Joliet, IL 60432
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