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

  Continue Reading ››

 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.

  Continue Reading ››

 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.

Continue Reading ››

 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:

Continue Reading ››

 Posted on May 20, 2024 in Divorce

One of the most complicated parts of divorce in Illinois is assigning financial obligations. Who is responsible for child support? Who should pay alimony? How will the debt be allocated? 

When courts make these decisions, they base them on several factors. One of those factors is the income level of each spouse. This impacts several parts of the divorce process, which is why any spouse with a high income who is considering getting divorced should consult a skilled high-income divorce attorney.

This article will discuss the different ways a high income can affect a divorce in Illinois.

Child Support

Before a court decides who should pay Child support and how much should be paid, the judge will look at several factors. One of the most significant factors is the income level of each spouse. If one spouse is a stay-at-home parent with no income while the other spouse has a high net worth, the latter spouse will almost certainly be ordered to pay child support.

Continue Reading ››

 Posted on May 16, 2024 in Mediation

Mediation is a great legal tool that helps parties in a dispute come to a settlement before ever getting to court. In a divorce, spouses who disagree on elements of the divorce often can resolve their differences in mediation. This helps both parties avoid a costly and messy court battle.

While you are not required to have an attorney present in mediation, it is highly recommended. An Illinois divorce attorney can help you navigate the mediation process and negotiate the best outcome. But whether you bring an attorney or attend mediation on your own, know that saying certain things can hurt your chances of a positive result.

This article will discuss what mediation is and what to avoid saying during a mediation session.

What is Mediation?

Mediation is where two parties negotiate with the help of a mediator. A mediator is a professional negotiator and neutral party appointed by the court. Some mediators are former judges who use their skills and experience to help parties settle a dispute.

Continue Reading ››

 Posted on May 06, 2024 in Child Custody

Child support is taken seriously by Illinois law. Parents who willfully do not comply with child support orders can face severe consequences.

The key word, however, is “willfully.” The law understands that sometimes circumstances change. The parent who was ordered to pay child support - also referred to as the payor or obligor - may have a valid reason for no longer being able to make payments. But if payments are withheld deliberately, the parent will face serious penalties.

The best way to understand how Illinois law will view your case is to contact a qualified Illinois child support attorney.

What Are the Penalties for Withholding Child Support?

The penalties for withholding child support largely depend on how much has been withheld or for how long. These and other factors determine whether a parent is guilty of a felony or misdemeanor under Illinois law. For example:

Continue Reading ››

 Posted on May 06, 2024 in Divorce

Navigating the murky waters of divorce can be difficult, but having a prenuptial agreement can simplify the process. In Illinois, prenuptial agreements, or “prenups” as they are often called, are legal contracts entered into before marriage that lay out specific financial expectations and responsibilities. Contact a friendly and personable trusted attorney at A. Traub & Associates to ensure you can effectively utilize your prenup to make your divorce a more efficient process.

The Power of Prenups is Establishing Clarity

Understanding prenups is the first step towards learning how, in a divorce, such agreements can be beneficial. Since prenups are contractual agreements that govern how different assets and liabilities get divided in the event of a divorce. Therefore, a prenup can provide couples with a very clear understanding of property rights, spousal support, and more. As a result, prenups can bring clarity in the midst of the emotional turmoil that can often take place during a divorce.

Continue Reading ››

 Posted on April 30, 2024 in Divorce

Getting divorced opens up your personal life to legal scrutiny. Behaviors that you may previously have been able to keep under wraps can now have serious legal consequences.

An example of this is gambling. If your spouse has a gambling addiction and it surfaces during the divorce proceedings, it can have a major effect on the outcomes of the divorce. Seek the counsel of an experienced attorney in Illinois if you are getting divorced and think your spouse might have a gambling addiction.

This article will discuss how a gambling addiction can affect a divorce.

Assets Can Be Frozen

You and your spouse are both entitled to what Illinois law calls marital property. This refers to assets that belong to both spouses, usually acquired during the marriage. Using any of these assets for something that is not related to the marriage, or abusing them so that their value goes down, is called dissipation of assets.

Continue Reading ››

 Posted on April 30, 2024 in Estate Planning

When a loved one passes away, his or her last will and testament often become the focus as families determine how assets get distributed. However, there are situations where a will may not accurately reflect the deceased’s true wishes or follow proper legal procedures. In such cases, contesting the will in probate court allows interested parties to challenge its validity. An Illinois lawyer can help you determine if you believe you have grounds for contesting a will.

Lack of Testamentary Capacity

For a will to be valid in Illinois, the testator (the person making the will) must have been of “sound mind and memory” when executing the document. This means he or she possessed the mental capacity to understand the nature and extent of the property, knew who his or her heirs were, and could make a rational plan for distributing assets. If the testator suffered from dementia or another condition that impaired mental abilities, this could serve as grounds to contest the will.

Continue Reading ››