Posted on March 14, 2024 in Child Custody

It can often be stressful and complicated for parents to agree on how they will divide custody of their children as well as the other parental rights and responsibilities. It is common for parents to want more time with their children and to try to show the court that they can offer a good, safe environment for them. But what happens when someone has serious concerns about their spouse’s mental health and how it might factor into their divorce proceedings? An experienced Schaumberg, IL divorce lawyer can guide you through this challenging time.

How Can Mental Illness Impact Our Divorce Proceedings?

The state of Illinois follows the no-fault divorce model, meaning irreconcilable differences are the only legally recognized grounds for divorce. Therefore, a spouse’s mental illness will not be blamed for a couple splitting up, but it can bring up some challenges during the divorce process.

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 Posted on March 13, 2024 in Wills and Trusts

People draw up wills to dictate how their assets will be distributed after they die. In general, whatever is included in a will is respected as the last wishes of the person whose will it is, otherwise known as a testator. However, there are some circumstances in which the people left behind challenge a will because they do not believe it reflects the real wishes of the person who signed it. There are various reasons given for such doubt, but a major claim is that the person lacked testamentary capacity when they signed it. This can be a very complicated claim to prove since you are attempting to determine the state of mind someone was in before they died. If you wish to contest a will, a Lombard, IL estate planning lawyer can provide guidance that is tailored to your specific case.

What is Testamentary Capacity?

Testamentary capacity is a person’s ability to understand the implications of their will. If it can be proven that someone didn’t have testamentary capacity when drawing up their will, the stipulations in the will can be contested. To demonstrate testamentary capacity, a person needs to:

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 Posted on March 04, 2024 in Child Custody

Divorce can be a tumultuous time for a family. With parents splitting up, children are sometimes left feeling confused and unstable. In such a time of change and transition, it can be difficult for anyone involved to be able to put their own wishes aside and try to think about what would be in the best interest of someone else, but parents going through divorce are expected to do just that. They are tasked with reaching a settlement and parenting plan that would best serve their children, even if it does not accommodate everything they would want. For couples in harsh conflict, this might be too much to ask. When parents are unable to formulate a child custody agreement that they both find acceptable, the court needs to step in and make decisions based on what would be considered to be in the child’s best interest. If you are curious about how such determinations might be made, a DuPage County, IL child custody attorney can answer your questions and offer helpful guidance.

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 Posted on March 04, 2024 in Divorce

Anytime a couple gets a divorce, they need to go through something called division of assets. The couple and their legal representatives need to determine what will be considered marital assets, properties, and debts and which are non-marital. In the State of Illinois, anything that is a marital asset or debt needs to be fairly divided by both spouses in divorce. Unfortunately, many people try to take advantage of the system by hiding some of their assets so that they will not be divided. Whether this is done to punish their future ex or just to ensure their own financial gain, a common method used for this illegal practice is to hide marital assets in offshore accounts, which are harder to gain access to. If you suspect that your spouse may try to hide marital assets in offshore accounts, you should consult with a trustworthy Arlington Heights, IL hidden asset attorney to consider how you might want to proceed.

How Do Offshore Accounts Work?

It is perfectly legal to maintain bank accounts in various countries. People can be citizens in one country but residents of another, and they might very well want a local bank account for their day-to-day expenses. Others might have a business with branches in other countries, in which case local bank accounts would be useful for business transactions and might even be necessary for local payroll regulations. It is not legally problematic to maintain money in several countries, but it is against the law to use offshore accounts to hide marital assets so as to avoid needing to divide them in divorce.

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 Posted on February 29, 2024 in Adoption

In Illinois, the process of adoption can be complex, involving various legal requirements and procedures to ensure the best interests of the child. One important aspect of adoption, particularly in uncontested adoption cases, is the home study conducted by a licensed social worker. This evaluation plays a crucial role in determining the suitability of the adoptive parents and ensuring a safe and stable environment for the child. It is also important to ensure that you retain legal assistance from an attorney as you look to navigate and successfully complete the uncontested adoption process.

Why is there a Home Study in an Uncontested Adoption?

In uncontested adoptions, where all parties consent to the adoption, and there are no disputes over parental rights, the home study remains a necessary step in the process. The purpose of the home study is to assess the living conditions, parenting abilities, and overall environment of the prospective adoptive parents. This evaluation helps to determine if the adoptive parents are capable of providing a loving and nurturing home for the child.

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 Posted on February 28, 2024 in Divorce

There are several ways people can end their marriage. Some people settle their divorce through litigation, some have an uncontested divorce, and some can work out all the aspects of their divorce settlement through mediation. Mediation often allows for a marriage to be legally ended with less stress and lower costs. However, it is not suitable for all scenarios. If you are wondering whether divorce mediation is the right method for you, speak with a knowledgeable Arlington Heights, IL divorce lawyer to find out more.

When Is Mediation Unsuitable?

When a couple decides to try to settle their divorce through mediation, they need to communicate in a clear and honest way and express what they truly want. The mediator passes questions, information, answers, and any other messages between the two spouses until they ultimately reach a mutually acceptable agreement.  with the media Mediation is not advisable under certain circumstances, including:

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 Posted on February 18, 2024 in Divorce

Divorce cases can be complex, especially when issues of asset dissipation arise. Gambling, in particular, can have significant implications on the division of marital assets. If you are going through a divorce and believe your spouse’s gambling habit may constitute asset dissipation, discuss this concern with your divorce attorney. Your lawyer will ensure any instances of asset dissipation are accounted for

Establishing Intent and Recklessness

To establish asset dissipation through gambling in a divorce case, it is crucial to demonstrate the intent or recklessness of one spouse in depleting marital assets. Courts consider several factors to determine if gambling constitutes asset dissipation, including:

• Excessive gambling – If one spouse engages in excessive gambling, consistently risking substantial amounts of money, it may suggest a pattern of asset depletion and potential dissipation

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 Posted on February 16, 2024 in Estate Planning

Estate planning is a legal process that determines how your assets will be distributed according to your wishes after you pass away. While do-it-yourself (DIY) solutions have gained popularity in certain areas of law, using DIY estate planning kits is not worth the risk they pose. Suppose you are interested in estate planning and are currently weighing your options on whether to use a DIY estate planning tool or hire a lawyer. In that case, the following are critical reasons why you should hire an attorney instead of a DIY kit

Lack of Personalization

Estate planning is not a one-size-fits-all process. Everyone's circumstances and goals are unique, requiring personalized attention and guidance. DIY estate planning kits often provide generic templates that fail to consider your estate's specific needs and complexities. Without personalized guidance, essential aspects such as tax implications, family dynamics, and asset protection may be overlooked, leading to unintended consequences and disputes. Regardless of what you are trying to accomplish in your estate plan, whether regarding an Illinois will or something else, a lawyer is a far better resource than relying on a DIY kit

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 Posted on February 13, 2024 in Divorce

Whenever parents get a divorce, it can be a challenging time for children regardless of the circumstances. Often, when thinking about children in divorce, people picture younger children in custody disputes, questions about parenting time, and the logistics involved for parents needing to figure out who will get them to and from their homes, school, playdates, and other after-school activities. However, when the children in a divorce are teenagers, it can be challenging as well. Since adolescence is a formative time in child development, some parents might avoid divorce even if they are in an unhappy marriage, simply to limit the turbulence their children will go through in those years. If you have teenagers and are in an unhappy marriage, a compassionate Arlington Heights, IL divorce lawyer can offer important guidance.

Tip 1: Do Not Badmouth Your Spouse

As negatively as you might feel toward your spouse, that person is still your child’s other parent. Hearing you express negativity about them can be emotionally draining and even traumatic for your child.

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 Posted on February 12, 2024 in Estate Planning

Contesting a will in Illinois is a complex legal process that requires careful planning and understanding of the specific laws that address this process. No matter why you want to contest a will, to increase your chances of success, it is crucial to avoid common mistakes that can jeopardize your case. To give yourself the best chance of success, contact a trained attorney.

Missing the Statutory Deadline

In Illinois, there is a strict deadline for contesting a will. Generally, a will must be contested within six months after it is admitted to probate. You will need to file your claim within this timeframe to avoid your case being dismissed. As soon you decide to contest a will, consult with an attorney as quickly as possible to ensure you understand and meet the deadline, as missing it can severely impact your chances of success.

Lack of Standing to Contest the Will

To contest a will in Illinois, you must have legal standing. This means that you must be an interested party with direct financial or property interest in the estate. Only those who meet this requirement can challenge the validity of a will. It is essential to consult with a lawyer to determine your standing before proceeding with a will contest.

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