Posted on April 03, 2024 in Mediation

As soon as people realize they are going to get a divorce, they often feel stressed and overwhelmed. Some of that stems from the truth that they will need to figure out how their assets, finances, property, and parental responsibilities will be divided. Some of it stems from preconceived notions about acrimonious divorces based on scenes portrayed on TV.

However, there are ways to end a marriage that are aimed at finding the best resolution for both parties and a minimum of negativity. If you are hoping for as cooperative a way as possible to end your marriage, you might consider divorce mediation. Speak with a knowledgeable DuPage County, IL divorce lawyer to find out more.

How Does Divorce Mediation Work?

For couples considering divorce who are not interested in a combative process, mediation offers a smoother approach. A mediator is appointed to facilitate communication. She is neutral and her goal is to foster the creation of a settlement that both spouses can accept. By focusing on communicating openly and honestly and cooperating, mediation can encourage creative thinking to find acceptable solutions to complicated issues.

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 Posted on April 03, 2024 in Divorce

The quickest way to get divorced in Illinois is through an uncontested divorce, which means that both parties agree on the terms of the divorce agreement. However, couples who cannot agree will file for a contested divorce with the help of a skilled divorce attorney. In this case, the parties will most likely be ordered by a judge to resolve their differences through mediation.

What is Mediation?

Mediation is a legal process in which a mediator tries to help parties in a dispute come to an agreement without having to go to trial. Mediators are neutral parties appointed by the court to help both sides resolve their issues. Many of them are former judges.

A typical mediation session lasts approximately three hours. During that time, the mediator will speak to both parties together and to each one separately. The parties usually know by the end of the meeting whether an agreement will be reached. If there is a settlement, it will be submitted to a court to make it legally binding.

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 Posted on March 28, 2024 in Adoption

When you adopt a stepchild, you become the child’s legal parent. This means that you will be granted certain rights and have legal responsibilities toward the child as if he or she were born to you. Adoption, therefore, requires careful planning and attention to the legal process. Adoption law can be complex, which is why you should consult with an experienced attorney who can walk you through it.

Factors to Consider Before Adopting a Stepchild

Here are a few basic questions you might want to ask yourself before adopting a stepchild:

• How old is the child?
• Where are the child’s parents?
• How is your current relationship with the child?
• What needs does the child have and can you meet those needs?
• Is this adoption in the best interest of the child?
• How long will the adoption process take?
• What will life be like after adoption?
• What responsibilities will you have towards the child?

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 Posted on March 28, 2024 in Divorce

Labels can sometimes be useful because they help us understand the world by organizing it into various categories that share common traits. However, most people do not fit perfectly into labels. Things that work for one person might not work for another, and the way one person reacts to something can be completely different from how someone else would react to the same situation.

That is why there are several different ways of ending a marriage. Every couple, including couples who no longer want to be together, has its own unique dynamic and ways of dealing with situations. For some couples, the idea of fighting out their divorce in court simply does not suit them. People who meet the conditions necessary and have the means required to do so might consider trying to end their marriage through what is known as collaborative divorce. This article will explain what that means, and if this seems like it might be a good option for you to consider, speak with an experienced Arlington Heights, IL divorce attorney to find out more.

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 Posted on March 21, 2024 in Powers of Attorney

By nature, humans are an optimistic species. We do not want to think of a future where we can no longer take care of ourselves and need hired help to get us through the day. While many people end up living in nursing homes, most of them probably never pictured that when they were younger, preferring instead to imagine they would be forever young, healthy, and strong. Unfortunately, that is not the reality for most of us.

While it is human nature to prefer focusing on a rosy future, people can also manage to overcome that to plan for a hypothetical future that may not be so grand. That is why people draw up savings plans for rainy days, prenuptial agreements, wills, and even business contracts - they are forcing themselves to think about negative things that might happen and thus protecting their future selves in case that comes to be.

This same mindset is what leads people to sign over power of attorney to someone they trust. Again, no one wants to think of a future where they are incapable of making decisions for themselves, but power of attorney is there to protect them in the hypothetical event that it happens. If you have been thinking about this as well, let an experienced Lombard, IL estate planning attorney answer your questions and arm you with more information.

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 Posted on March 14, 2024 in Divorce

Anytime a couple goes through a divorce, they need to figure out how exactly they will divide all of their debts and assets. This means they need to consider the bank accounts that they currently use as well as anything they have put away for their retirement. Someone who has been working all their adult life and slowly putting away money to finance their retirement might be concerned that all their hard work was in vain and their spouse is going to take everything. If you are going to get divorced and worried about the fate of your retirement funds, an Arlington Heights, IL divorce attorney can review your specific case and offer insight and guidance for moving forward.

Will My Spouse Get Half of Everything I Have Been Putting Away for My Retirement?

Generally speaking, any assets acquired by either spouse during the marriage will be considered marital assets and will be subject to a division of assets in a divorce settlement. On the other hand, anything acquired before the couple was married will likely be considered nonmarital assets and not need to be divided.

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 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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