Recent Blog Posts
Postnuptial Agreements in Illinois
As prenuptial agreements become more and more popular, many married people may be thinking that they wish they could have a prenup. But it’s not too late; a prenuptial agreement created after a couple is married is called a postnuptial agreement, but is, essentially, the same as a prenup.
People who choose to enter into a postnuptial or postmarital agreement do so for many reasons. One reason is if one spouse creates a business, the business partners may ask the spouse to sign and agree not to make a claim on the business should the other pass away or if they become separated. This will prevent a fight over the company from occurring if the couple divorces, and prevent a fight between the business partners and spouse if the spouse who took part in the business passes away.
Spouses may also choose to sign a postnuptial agreement if they have separate properties, which they use to buy a joint property. The agreement will ensure that the spouse with the separate property will still get the same benefits that he or she would have if the properties had stayed separate rather than purchasing joint property.
Common Paternity Testing Concerns
When a person is in a situation in which he or she does not know the father of a child, many questions and concerns arise. Although the mother is more likely to know who the father is, she may not always know, and a father may not believe that he is or is not the father.
A simple fix to the solution is to get a paternity test. Some parents choose to do this before the child is born and others choose to wait until after the birth. Sometimes, parents just choose to believe that someone is the father even though they are not completely sure. Once a test is complete, though, many people still have questions.
The American Pregnancy Association took the time to answer a few questions about paternity tests:
How much will establishing paternity cost, including the test and any other expenses?
New Study Links Marital Bliss and DNA
The happiness of any marriage is dependent on both spouses becoming a team against all obstacles and supporting each other through difficult times. But it also might be deeper than that. Marital satisfaction might be set in your DNA based upon a new study published on October seventh of this year.
Divorceis very likely; the CDC has said that half of all marriages end in divorce. One of authors of the study offered their reason for initiating the study about why divorce is so common. UC Berkeley psychologist Robert W. Levenson stated in a press release that "an enduring mystery is, what makes one spouse so attuned to the emotional climate of the marriage, and another so oblivious." The hope is that this study will start to uncover the reasons.
This new examination was based on a joint effort between researchers at Northwestern University and the University of California at Berkeley. They reviewed the structure of DNA and focused on the regulation of serotonin, which is the primary controller of mood, appetite, sleep as well as more cognitive functions like memory and learning.
Avoiding Passive Aggressive Behavior can Help Your Marriage
There are many kinds of abusive relationships. The most obvious type of domestic abuse is violent behavior like hitting, kicking and yelling. But there are other ways that a spouse’s behavior can be covertly abusive. Passive aggressive spouses can be just as disruptive to a marriage as outwardly abusive spouses.
Passive aggressive behavior is used to avoid conflicts, suppress feelings of anger or try to control a situation. It is covert because it can mask emotions and feelings to a point that the person’s behavior may seem nice at times.
Since passive aggressive behavior can be hidden, it is helpful to know what the typical traits are of a passive aggressive person. Identifying the behavior is the first step to stopping the destructive cycle of hurtful actions and words.
Options for Expanding your Family
In recent years, people are marrying later in life. Or they have health issues that make it harder to conceive a child. In order not to miss out on creating a family, they review different options for expanding their families if they cannot do so naturally. Some options include adoption and surrogacy.
Surrogacy requires a third party to carry a fertilized egg to term for a couple who can&t have a child of their own. Traditional surrogacy requires the surrogate to provide their genetic material to create the baby. The sperm can be provided by the intended parent or by a third party donor. Gestational surrogacy does not require the surrogate to supply an egg so there is no relation between the surrogate and the baby. Both kinds of surrogacy require a legal contract to ensure transference of custody after the birth.
Surrogacy has gained popularity lately, partially due to the number of celebrities who have used the process to become parents like Jimmy Fallon, Elton John and Nicole Kidman. But it has also gained esteem in Illinois because of the Gestational Surrogacy Act of 2005. So much so that couples come from around the United States and Europe to have their surrogate births in Illinois to benefit from the pro-surrogacy climate. The major benefit of the Gestational Surrogacy Act is that it transfers parentage immediately after birth which eliminates the need to visit adoption court and eliminates a possible custody battle with the surrogate.
Dating as a Single Parent
Being divorced is a difficult transition. It is hard to move on from the life you used to know. But there must have been some reasons that your relationship with your spouse did not work. And now that you are single again, there are things you can change the next time around. And if you are a parent, there is even less opportunity to mess around and take this next step lightly.
The first consideration is to make sure that you know why you’re dating in the first place. Having a clear purpose in your new life will help you stay on track and eliminate distractions.
But always keep in mind that you are dating again to have fun. This is not a search for lost keys, so do not make it a job. It should be a hobby that should be spontaneous and enjoyable. Hobbies like learning a new language, trying new sports, and other exciting activities will put you in front of new people and new connections.
Paternity Testing
Many children are being raised in single parent homes today. Sometimes it cannot be helped because parents are in the military or they are deceased, but other times it is because the mother simply does not know who the father is. Sometimes, it is a sore subject in divorce when the woman becomes pregnant at the end of the marriage or in the divorce process because there is no longer a guarantee that the husband is the father.
Paternity testing is easier than ever, now, and should be done at the very least so that every child has two parents on his or her birth certificate.
Here are some frequently asked questions about paternity testing from the American Pregnancy Association:
How soon can a paternity test be done after the child is conceived?
Timing for different types of tests varies, but they cannot be done any sooner than the end of the first trimester. Tests can be done as early as the ninth or tenth week of pregnancy.
Antidepressant Use Increases Before Divorce
The impacts of going through a divorce can have tremendous mental and physical impacts on all of the people involved. A recent study by researchers in Finland has found that the use of antidepressants increases right before a divorce. The study explored both males and females who ended up divorced, and they found that the use of anxiety pills, antidepressants, and other psychotropic drugs would "peak" several months before the actual divorce date.
Four years prior to the date of the divorce was the typical start date for increased use of medication to help cope with marital problems and other issues. The use of these drugs also tended to decrease after the divorce had been finalized. In an attempt to manage increased levels of stress leading up to a divorce, it’s not surprising that individuals would reach out for medical assistance when the symptoms of anxiety or depression became overwhelming.
Victim Sues State After Rapist Files for Visitation Rights
A woman who was raped when she was 14-years old is suing the State of Massachusetts because she says the state is forcing her to maintain a relationship with the man who raped her.
Two years ago, Jamie Melendez pleaded guilty to the rape of the girl who became pregnant. The baby was born in 2009. Melendez was sentenced to 16 years of probation, and ordered by a judge to pay child support in the amount of $110 per week. Melendez is to make those payments through the family court.
According to the lawsuit, the victim says Melendez had absolutely no interest in the child – until the court mandated he pay child support. Melendez then filed a petition with the family court seeking visitation with the child.
The victim had previously asked the court to force Melendez to pay criminal restitution, not child support, in order to stop him from seeking visitation, but both the state Supreme Judicial Court and the family court denied her request.
Judge Rules in Woman with Down Syndrome’s Favor in Guardianship Battle
USA Today recently reported on a Virginia custody battle involving a 29 year-old woman with Down syndrome. Margaret "Jenny" Hatch has been involved in the custody battle with her parents for a year, but a Newport News judge rejected the guardianship petition that Hatch’s parents had filed, which would have allowed them to keep her in a group home against her wishes.
Hatch had been working for five years at a thrift shop owned by Kelly Morris and Jim Talbert. In March 2012, Hatch was injured in a bicycle accident and the couple took her into their home to recover. Two and half months later, the couple say they allowed a caseworker with the Hampton-Newport News Community Services Board to take Hatch to a group home because they believed it was the only way she’d qualify for a Medicaid waiver. The waiver would entitle her to many in-home and community-based services. On Aug. 6, after the Medicaid waiver was approved, Hatch returned to live with Morris and Talbert.
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