Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Chicago South Loop
312-528-3290
Subscribe to this list via RSS Blog posts tagged in your rights

Posted on in Divorce

DuPage County divorce attorneysDivorce is a tough process for anyone. After all, no one gets married with the intent to someday divorce. Women sometimes experience different challenges during divorce than men do. There is no perfect way to end your marriage, but there are some things you can do to minimize your stress and help the process go more smoothly.

Take Care of Your Needs

Women often put other’s wants before their own. Wives and mothers are sometimes so busy looking after others that they rarely stop to think about their own needs. According to the Holmes-Rahe Stress Inventory, getting divorced is the second-most stressful life even a person can experience. Only the death of a spouse is considered to be a more stressful life event. During this time, it is important to charge your emotional battery. Whether that means going to the spa, out to lunch with friends, or sitting in your own backyard with a good book, do not be afraid to take time to de-stress while your divorce is ongoing.

...

Lombard family law attorneyIf you are a parent who is getting divorced or planning to, you are probably concerned about how you and your soon-to-be-ex-spouse will raise your children. If you plan on raising the kids together through a shared parenting scenario, you should know that there are some unique methods of co-parenting which have helped many families. These growing trends offer an alternative to traditional post-divorce living situations.

Nesting Arrangements

The majority of couples who get divorced end up living separately from each other. The most common living arrangement for parents who get divorced is for children to visit each parent at their home. Some experts find this arrangement to be especially burdensome on the children who are splitting their time between two homes. As an alternative, some parents are choosing to use what some call “the bird’s nest” strategy: The children live in one home and the parents take turns living there. For example, a parent may stay with the children one week in the “nest” home and then the other parent comes to stay with the children the following week. When the parents are not at the nest home, they are living in their own individual home. While many find this co-parenting strategy to be effective, it can also be quite expensive since it usually requires the couple to finance a third home for the children.

...

Lombard estate planning attorneyResearch shows that only about half of Americans have any estate planning documents in place. Those without a last will and testament and other critical estate planning documents risk having their estate decisions made for them if they pass away or become incapacitated. One vital piece of estate planning that is important for anyone to have is a power of attorney. A durable power of attorney is a legal document which gives someone else the authority to act on your behalf if you cannot do your yourself.

Types of Power of Attorney

A general power of attorney assigns an agent which will be responsible for the medical decisions, legal choices, personal banking, investment, insurance and real estate transactions of the person signing the document (the principal) should they become incapacitated. A special power of attorney allows the principal to be more specific. He or she can narrow down the types of choices the agent(s) can make. It is possible to have several different powers of attorney for different purposes. An individual may choose their spouse or family member to make medical decisions on their behalf, but he or she may choose another individual to make financial or business decisions in the event they are incapacitated.

...

Lombard family law attorneysPeople do not stay in one place as often as they once did. With the global economy entirely interconnected and the job market in a seemingly constant state of flux, family moves are more common. However, so are divorces. In Illinois, the laws regarding the allocation of parental responsibilities—formerly called child custody—provide requirements that must be met before children can be moved a significant distance from their current home.

A Child’s “Home State”

For the purposes of parenting plans, a child must have a “home state.” This is the state in which a court would have jurisdiction to decide cases involving the child. Illinois is a child’s home state when (1) that child has lived in Illinois for six months (or since birth, if the child is not six months old yet), and (2) the child has no other home state, and/or the child (or their parent) has significant connections to the state. If a parent intends to move to another state and take their child with them, the child’s home state will change.

...

Posted on in Estate Planning

Lombard estate planning lawyersThere are many things to consider when you are creating your Last Will and Testament. One you may have not considered is what will happen if your will is contested. A will contest is a lawsuit that an individual files in order to invalidate a deceased person’s will. Someone might file a will contest because they don’t believe a family member’s or friend’s will accurately reflects their true final wishes. Any intestate heir or beneficiary named in the person’s will can file a will contest.

In previous blog posts, we have talked about challenging the will of a recently-deceased loved one using a will contest. Today, however, we will look at how you can help prevent your will from being challenged. There are a few things that can be done to protect your will. One of these is a provision included in the will known as a “no-contest clause.”

What Is a No-Contest Clause?

...

Posted on in Family Law

Lombard guardianship lawyersIn Illinois and indeed all over the country, there are children and disabled people who require a bit of extra help to have their needs met. While most often, people have family members to act for them, those who do not may need temporary or permanent guardians. There are specific procedures one must follow to become one and specific rules to be followed once one has the position.

General Guardianship Information

Most guardianship proceedings are conducted through the probate court. However, guardianship of a child differs slightly from seeking the guardianship of a disabled person in that guardianship of a minor automatically ceases when that child turns 18. Able-bodied adults over 18 are entitled to a rebuttable presumption that they can handle their own affairs. As such, obtaining guardianship for a 17-year-old may be more difficult and less practical than seeking guardianship over a 10-year-old simply because it would expire so quickly.

...

Lombard family law attorneysUsually, when a couple decides to divorce, the court prefers that the spouses create their own divorce agreement dealing with subjects like maintenance and child support. More often than not, couples are able to agree on these subjects and a divorce decree can be approved by a judge with minimal court intervention. However, there are cases when the agreement will be denied, and either the couple will need to fix a few things or the court will have to make a ruling in accordance with the current law.

Unconscionability

Illinois law holds that an agreement to divorce must not be unconscionable. Unconscionability is a doctrine dealing with contracts that prohibits terms that are so grossly unfair or skewed in favor of one party that it shocks the conscience. While this applies to all contracts, it is seen fairly often in divorces. The aim of a divorce settlement is to leave both spouses with the tools they need to live independently, and sometimes people create agreements that do not meet that criteria, whether they realize it or not.

...

Lombard estate planning lawyerEstate planning in Illinois or any other jurisdiction is more than simply determining what legal documents are most appropriate to protect the value of your assets after death and achieve the goals and desires you have for the disposition of your property. Equally as important as choosing the right estate planning documents is choosing the right person to handle your affairs and exercise the powers those estate planning documents provide.

The Dangers of Selecting the Wrong Individual

Regardless of whether you named an individual as executor and administrator of your will, as a trustee overseeing your trust, or as your power of attorney, your estate planning documents give the individual significant powers. In the wrong hands, this person could potentially:

...

Lombard family law attorneysPrenuptial agreements, or prenups, are becoming more common, as they acquire a solid reputation for safeguarding one’s interests and assets. However, they are not cure-alls for marriages. There are some things that simply cannot be addressed in a prenup. It can help avoid disagreements if your prenuptial agreement is crystal clear on what it disposes of and if you do not try to do too much with it.

DO: Distinguish Between Marital and Non-Marital Property

This is arguably the primary purpose of a prenuptial agreement. Illinois law lists it as the second right that couples have in the creation of such a document, and indeed, that is what most are used to accomplish. Dividing one’s property in a prenuptial agreement can save significant time and trouble in divorce court, which can provide a significant boost to post-marital relations.

...

Lombard family lawyerGenerally, Illinois courts do not have any interest in taking children away from their natural parents without immediate and pressing reasons to do so. However, when a parent’s fitness is called into question, obviously, due diligence must be performed lest children remain in harmful and dangerous situations. If you have been accused of being an unfit parent, it is important for you to understand what that means so you may best defend against it.

Statutory Criteria

Every state has its own definition of “unfit.” In Illinois, the guidelines can be found in the Illinois Adoption Act which sets out the criteria a judge may use to declare that a parent falls into that status. An unfit parent is defined in Illinois as someone who can objectively be found to not have the child or children’s best interests at heart. This can be shown by a lengthy list of considerations contained in the statute. Some of the more common concerns include abandonment, neglect, demonstrable cruelty toward the child, a lack of interest or responsibility, substance abuse, or addiction.

...

Lombard family law attorneyMost people are uncomfortable with confrontation to certain extent. While there are exceptions, you may have heard the phrase “going along to get along” used to describe the actions of a person looking to avoid a fight by placating someone else. This is a common trait among people with a so-called “easy going” personality. Going along to get along is a reasonable approach for most situations in life—deciding where to have dinner, for example, is not worth fighting about. When it comes to divorce, however, being afraid of making waves could leave you at a serious disadvantage, possibly for the rest of your life.  

Divorce Is Not Easy But It Is Worth the Effort

Nobody will try to tell you that a divorce is a simple undertaking. Just making a list of the issues that must be addressed can be overwhelming, not to mention actually addressing them. Despite the complications that may arise, the reality of a divorce is rather straightforward: if you do not advocate for yourself, nobody else will do it for you. If you think you are entitled to spousal support from your spouse, ask for it. If you want primary parental responsibilities regarding your children, develop your ideal parenting plan and present it to the court.

...

Lombard estate planning attorneysUnless you are one of those rare, fortunate individuals who inherited a great deal of wealth or hit the Powerball jackpot, you have most likely worked very to accumulate the property and assets that comprise your estate. You have put in the hours, made intelligent financial decisions, and were generally careful when making purchases both large and small. When it comes time to decide what will happen to your estate after your death, it is your right to make such decisions as you see fit.

It is important to understand, however, that while you have the right to make estate planning decisions completely on your own, doing so could lead to problems down the road. For this reason, estate planning experts and legal professionals recommend discussing your intentions with family members and loved ones before finalizing your estate plan.

Preventing Misunderstandings

...

Posted on in Paternity

Lombard family law attorneyFor many fathers, it can be extremely difficult to maintain an active role in the lives of their children. This is especially true for a father who has gone through a divorce or breakup with his child’s mother. In many cases, it feels like the proverbial deck is stacked against a man when it comes to child custody decisions—now known as the allocation of parental responsibilities under Illinois law. Unfortunately, many such issues are based on the persistent public perception that men are less qualified to serve as primary—or even equal—caregivers for their children.

Anecdotal Examples

Recently, a discussion on the social media site Reddit addressed the various ways that men have experienced sexism in their lives. Many responses dealt with female-dominated work environments, physical abuse at the hands of female partners, and distrust from authorities when a man has been the victim of domestic violence. However, there was a substantial number of responses that described the experiences of men when they are seen in public with children—including their own.

...

Posted on in Estate Planning

Lombard estate planning lawyersAs you look toward the future, you may realize that there could be a time when you are limited in your decision-making abilities. It may become impossible for you to express your wishes regarding your finances, property, and even your own medical care. To prepare for such a possibility, Illinois law allows you to select an individual to serve as your power of attorney for these types of decisions. Your power of attorney will have the authority to make decisions on your behalf if and when you are no longer able to do so.

The Right Person

The individual that you choose to serve as your power of attorney must be capable of handling his or her assigned responsibilities. This means that he or she should:

...

DuPage County estate planning lawyerAs you look forward to the future, you will need to make some important decisions about the disposition of your property and the care of your dependents. These are the considerations that most people think of when they hear the term “estate planning.” Estate planning, however, also gives you the ability to make advance decisions for your own medical care and treatment so that in the event that you are disabled or otherwise incapacitated, there will be no doubt regarding your wishes.

Your Living Will

A living will is one example of an estate planning document that can be used to formally record your desires regarding the medical care you wish to receive—or not receive—in specific situations. It is a type of advance medical directive that can be used to give instructions to your medical providers as well as to any person you have appointed to make medical decisions on your behalf, such as a power of attorney.

...

DuPage County divorce attorneysIn most types of court proceedings, there is a clear delineation between the plaintiff and the defendant. The plaintiff—sometimes called the claimant—is the party that has decided to take some sort of legal action against the defendant. In a personal injury case, for example, the plaintiff may have filed a lawsuit to recover financial compensation for injuries that he or she believes were caused by the defendant. Likewise, the plaintiff in criminal proceeding—the state—is seeking a judgment of guilt and criminal penalties against a defendant believed to have committed a crime. Technically, a divorce is no different: the spouse that files the divorce petition is considered the plaintiff, making the other spouse the defendant. But, does it really matter which spouse is which?

Different Terminology

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) is a comprehensive compilation of statutes that govern the divorce process in Illinois. The IMDMA generally avoids the use of the terms “plaintiff” and “defendant,” instead using the more neutral “petitioner” and “respondent” in most cases. This highlights the concept that divorce does not need to a highly contentious battle in which there are clear winners and losers.

...

Lombard family law attorneysWhile, for some, divorce can completely sever all marital ties, those that share children always share a connection – namely, their child. This is as it should be since, under most circumstances, children benefit greatly from having two loving parents in their lives. Unfortunately, the continued connection between divorced parents is not always a healthy one. Some may still experience contention and other problematic issues, such as parental alienation and visitation interference. The following can help parents cope with such situations, and it provides some valuable insight on your legal rights.

When Contentiousness Abounds

Generally, parents with excessive conflict are encouraged to develop a parenting plan that limits their contact. Of course, as life changes and children grow, the original parenting plan may be difficult to adhere to, even for the most well-intentioned parents. If contentiousness is still an issue when the parenting plan starts to collapse, frustration and stress may reach an all-time high. If left unchecked, this could lead to serious arguments, bitter exchanges, and a child that feels as though they are trapped in the middle. To avoid this all-too-common issue, parents may want to use mediation to renegotiate their parenting plan so they can develop one that works amidst all the changes.

...

Posted on in Divorce

dating, dating during divorce, Lombard Family Law AttorneysIf you are going through a divorce, you probably feel that your marriage was over a long time ago. The legal process of divorce may represent little more than a necessary formality so that you can get on with your life. As the proceedings continue, however, you may be inclined to begin a new romantic relationship, one in which you finally feel appreciated and empowered for the first time in quite a while. Of course, you have every right to seek happiness in your post-divorce situation, but until your divorce is finalized, it is probably a good idea to stay out of the dating scene.

Legal Considerations

From the standpoint of Illinois divorce law, there is nothing preventing you from pursuing a new relationship once the process of divorce has begun. If you choose to date, you will need be careful about what assets you may be using to fund your activities, though. Using your own money is fine, but inappropriately spending marital funds prior to the property division process may be considered dissipation, and you may be required to pay it back.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top