Posted on June 22, 2024 in Estate Planning

When it comes to dividing your estate among your heirs, you should approach the process with careful consideration and planning. By taking the time to thoughtfully allocate your assets, you can ensure that your wishes are carried out and minimize potential conflicts among your loved ones. An Illinois lawyer can help you navigate the estate division process and give you advice about how to divide your assets.

The First Thing to Consider As You Divide Your Estate

Before diving into the specifics of asset distribution, taking a comprehensive inventory of your estate is helpful. This includes valuable possessions such as real estate, vehicles, and personal belongings and intangible resources like bank accounts, investments, and insurance policies. Having a clear understanding of your estate’s composition will serve as a solid foundation for the division process.

Make Sure You Understand Illinois Laws Regarding Estate Division

It is important to understand the Illinois laws overseeing estate division. In Illinois, if someone passes away without a valid will (intestate), any assets will be allocated based on state intestacy regulations. These laws prioritize your spouse and children, followed by other relatives. However, creating a will allows you to have more control over how your assets are divided and can help prevent potential disputes.

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 Posted on June 20, 2024 in Child Custody

Learning how to parent after divorce requires making some adjustments. This is especially true if the parents live in different states, which can happen for various reasons. A parent may need to move for work, for example, or might need to care for a family member in a different state. This will affect that parent’s parenting time, which is how Illinois refers to physical custody.

Details about your parenting time - such as scheduling and communication - are outlined in a document called a parenting plan. A parenting plan is a legal document that married parents of minor children must submit to the court after filing for the dissolution of marriage. Once the court approves a parenting plan, it becomes legally binding.

One parent moving out of state usually requires changes to be made to the parenting plan. It is best to discuss these changes with an Illinois parenting plan attorney who can help you navigate the challenges that come when you are coparenting a minor child and need to move.

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 Posted on June 20, 2024 in Order of Protection

Divorce is known for being a difficult process that breeds unpleasant emotions. Some spouses who go through divorce do so amicably, but with others, it turns into a hostile feud. The process brings out the ugly side in some people, leading them to do things that they previously might never have imagined doing.

Stalking, for example, is something that sometimes happens during or after a divorce. People who get divorced are more likely to be stalked by a former spouse than by others. Stalking is often driven by feelings of jealousy, where a spouse has trouble letting go of his or her partner and accepting that the relationship is over.

Stalking is illegal and is known to cause severe anxiety, fear, and distress in victims. If you are being stalked, an Illinois family law attorney may be able to help you obtain an Order of Protection.

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 Posted on June 18, 2024 in Divorce

Illinois law has prescribed a certain process for divorce. This process begins when you file a Petition for Dissolution of Marriage with the Circuit Court Clerk in the county where you live. You must then serve a copy of the petition to your spouse, who will have 30 days to respond.

But what if your spouse is missing? If you do not know your spouse’s whereabouts, it can make the process more complicated. This article will discuss what to do if you cannot locate your spouse. An attorney can best guide you through these steps as well as the divorce process as a whole.

Document Your Efforts

You will want to show a judge that you made every effort to locate your spouse. Make sure to document the steps you take, such as:

• Serving your spouse the divorce papers at his or her last-known residence

• Reaching out to your spouse through as many digital media as possible, including text messages, phone calls, emails, and social media messages

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 Posted on June 10, 2024 in Maintenance

Divorce often changes the financial situation of people going through it. Courts, therefore, may order one or both of the spouses to pay family maintenance, which refers to child support and/or spousal support (also known as alimony). Alimony is paid by one spouse to the other. When it comes to child support, both parents may be ordered to contribute.

Common questions among both the paying spouse (the payor) and the spouse receiving the support (the payee) are: 

• How do taxes factor into family maintenance? 

• Does the payee need to pay taxes on the support he or she receives? 

• Can the payor deduct taxes from the support he or she pays?

This article will discuss the answers to these questions. However, every situation is different, and any questions regarding family maintenance should be directed to a divorce attorney.

How Do Taxes Factor Into Child Support?

Child support is tax-neutral. This means that the spouse who pays the child support cannot deduct taxes from the payments and the spouse who receives the support does not pay taxes on the money. Essentially, taxes do not factor into child support at all.

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 Posted on June 07, 2024 in Child Custody

There are two types of custody: child custody, which involves making decisions about the child, and physical custody, which is when the child is in his or her parent’s physical care. Illinois law refers to child custody as “parental responsibilities” and refers to physical custody as “parenting time.”

By default, the law prefers that both parents share parental responsibilities and parenting time more or less equally. The mother and father have equal rights to the child, and courts are very reluctant to interfere with those rights. Therefore, a judge will award sole custody to one parent only in certain cases. The best way to find out if you are eligible for sole custody is to consult an Illinois child custody lawyer.

When Do Courts Award Sole Custody?

In any custody trial, the court has two objectives: protect the child and preserve the rights of the parents. However, if those two objectives conflict, the court will protect the child. This means that if a parent is a threat to the well-being of his or her child, the court may restrict that parent’s rights.

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 Posted on May 31, 2024 in Estate Planning

As a parent, you want the best for your child, and this desire can be even stronger when you have a child with disabilities. You have been there for them every step of the way, providing love, support, and care. But have you thought about what will happen when you can no longer be there for them? That is where estate planning comes in. An Illinois estate planning lawyer can help you create a plan to give you a sense of ease and reassurance that your child will be taken care of.

The Importance of Estate Planning

Estate planning is essential for all parents, but it becomes even more critical when you have a child with disabilities. A carefully strategized estate plan can:

• Ensure your child continues to receive the necessary care and support

• Protect your child’s eligibility for government benefits

• Provide financial stability for your child’s future

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 Posted on May 28, 2024 in Divorce

Most couples who attend mediation are able to resolve their issues in the divorce. It is the best way to avoid a court battle, which can be costly and messy. It is also the most common method of alternative dispute resolution, which simply means resolving disputes without fighting them out in court.

When parties come to an agreement through mediation it is called a settlement. A settlement is legally binding once it is signed by the parties. If one of the spouses does not honor the divorce settlement, there are legal consequences. If you feel your ex is not abiding by your divorce settlement, contact an Illinois attorney who can explain the next steps.

What Is Mediation?

Mediation is a private process where parties in a dispute try to resolve their differences outside of court. There are a few elements to mediation:

• Mediation is run by a mediator. A mediator is a trained negotiator and neutral party appointed by the court. Mediators are often former judges.

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 Posted on May 23, 2024 in Estate Planning

Dealing with a dispute over an estate is the last thing anyone wants after the passing of a loved one. Unfortunately, there are sometimes occasions when it is necessary to challenge an estate planning document. If you are wondering whether you can challenge an estate planning document such as a will, there are specific grounds on which an estate planning document can be contested. An Illinois lawyer can help you explore these reasons and explain the steps involved in challenging an estate plan.

The Validity of the Document

One of the primary reasons to challenge an estate planning document is that there are concerns about its validity. In Illinois, a will must be signed by the testator (the person making the will), and witnessed by two individuals. If these requirements are not met, the will may be deemed invalid. The document can be challenged if there is evidence that the testator lacked the mental capacity to create the will or was under undue influence.

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 Posted on May 22, 2024 in Child Custody

Parents who get divorced often have trouble getting used to the fact that a court can get involved in life decisions that affect the child. For example, if a parent begins dating someone who might be a threat to the child’s well-being, the judge can restrict that parent’s parenting time, also known as physical custody.

Similarly, if a parent wants to relocate with the child, he or she will require court approval. An Illinois divorce lawyer will be able to determine this by looking at several factors, which this article will discuss. The general rule is that if either parent makes a change that affects the parenting plan, he or she will need court approval.

What Is a Parenting Plan?

A parenting plan is a legally binding document that outlines how two ex-spouses will parent a child together after the divorce. It includes such details as:

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