Posted on October 17, 2023 in Family Law

At one time, when a couple got a divorce, it was assumed that the mother would receive most parental responsibilities. Each state has the authority to decide on its relevant laws but one thing is for sure: it is no longer assumed that a mother will automatically win more benefits and power than a father in a divorce proceeding. There are many factors taken into account and the court decides on a case-by-case basis. If you are a father and are concerned that your spouse might be granted most if not all of the parental responsibilities over your child in a divorce settlement, an experienced Lombard, IL divorce attorney can answer your questions about this sensitive issue.

Issues of Child Custody Have Evolved Over Time

It wasn’t that long ago that American society in general maintained some outdated ideas of how children should be raised. Fathers were generally expected to go out, develop a career, and earn money, and therefore not need to have many responsibilities once they came home after a long day of work. Mothers were generally expected to stay home, put their careers to the side, and manage all the family and household needs, and therefore they were considered deserving of an equal share of the marital income without working.

Continue Reading ››

 Posted on October 12, 2023 in Divorce

The courts in the State of Illinois take accusations of domestic violence extremely seriously. Victims of abuse have several steps at their disposal to seek protection for themselves and any children they may have. Courts can grant an Order of Protection, otherwise known as a restraining order, to restrict an alleged abuser’s ability to physically go to specific places. There is something called an Emergency Order of Protection, which can be granted almost immediately when someone makes an official complaint, before an investigation.

While these orders are in place to protect victims of domestic abuse, there are unfortunately people who take advantage and make false accusations against their spouses. They could do this for several reasons. They might believe this would help their case in divorce proceedings if they are seeking favorable custody arrangements, or they might simply want to harm their ex. If you are being falsely accused of abuse and have been issued an Emergency Order of Protection that is keeping you away from your children, an Arlington Heights, IL divorce lawyer can offer advice and guidance at this difficult time.

Continue Reading ››

 Posted on October 06, 2023 in Family Law

When a married couple has a baby in the State of Illinois, the woman who gives birth is automatically considered the mother, and her husband is automatically considered the father. This definition is very matter-of-fact and does not have much impact on the family. However, when a couple is not married and they have a baby, things can become a bit more complicated. The woman who gives birth is still automatically considered the mother, but the baby’s father needs to prove his paternity, meaning that he is the biological father.

Whether or not someone is legally considered a child’s father has a lot of ramifications. This determines if a man has certain obligations to the child and mother, such as the requirement to make child support and spousal support payments. It also determines whether the man has any rights relating to the child, such as visitation and decision-making. If you are not married, about to welcome a baby, and are concerned that your rights as a father may not be protected, an Arlington Heights, IL paternity lawyer can explain the specifics of why you may want to officially and legally prove your paternity.

Continue Reading ››

 Posted on October 05, 2023 in Family Law

A lot of people are familiar with the term "prenuptial agreement," but not as many have heard of a postnuptial agreement. This is an important agreement a couple might draw up once they’re already married if they never got a prenuptial agreement and later understand it might have been wise for them to do so. If you are married and never had a prenuptial agreement, a Lombard, IL family law attorney can explain what is involved in drafting a postnuptial agreement.

How Does a Postnuptial Agreement Work?

In short, it works the same way a prenup does. A prenuptial agreement usually includes details that will help:

• Protect any inheritance either spouse may have received, whether this is in the form of investments, money, or property. The clause will ensure that the inheritance remains the exclusive property of the spouse who inherited it, even after the two spouses are married

• List whatever assets belonged to each spouse before marriage. This will protect their ownership over any property, money, investments, or other assets that were theirs before their wedding, should they later get divorced and need to negotiate a marital asset division

  Continue Reading ››

 Posted on September 28, 2023 in Estate Planning

When facing a contested documents case, it is crucial to seek the assistance of a lawyer who can provide valuable guidance and support throughout the legal process. Any time contested documents are an issue in estate planning, the situation can be very stressful. By hiring an attorney to assist you, you provide yourself with the legal protection to feel more confident and protected as you look to sort through your contested documents case.

Here is What You Need to Know

First and foremost, a lawyer can offer their knowledge of the law. They will assess the details of your contested documents case, analyze the contested documents, and provide you with a clear understanding of your legal rights and options. With their extensive experience, they can guide you in making informed decisions and help you develop a strong legal strategy. For example, if the will is being contested because someone is claiming the mental capacity of the testator was compromised, regardless of what side of the issue you are on, your attorney can help you make decisions that serve your best interests and legal goals.

Continue Reading ››

 Posted on September 21, 2023 in Divorce

Every divorce is unique and comes with its own issues that need to be resolved in a settlement. But generally speaking, when parents are getting divorced, child custody issues can be the most difficult to resolve. When people want to get divorced, it can be very hard for them to put arguments aside and form a plan to raise their children together. With parents worrying about what they want out of their divorce settlement, they can often lose sight of their children’s best interests.

When parents cannot agree on how to divide their parental responsibilities in divorce, the court can appoint a guardian ad litem, or GAL. This person is a legal representative whose main goal is to advocate for the child. If you are moving towards an acrimonious divorce, you might worry that your spouse will fight you on every aspect of the settlement. An experienced Lombard, IL child custody lawyer can advocate passionately for an optimal arrangement for you and your children.

Continue Reading ››

 Posted on September 20, 2023 in Divorce

The term “divorce” has been commonly used for many years, but people who have never been divorced may not be aware of all the issues that need to be settled when you are going through one. If you are like the majority of Americans and you have not thoroughly studied the law, you might likely find yourself in a confusing situation.

If you and your spouse are considering a divorce, please consider speaking with an experienced Arlington Heights, IL divorce attorney who can explain all the aspects of a divorce settlement in detail, including how they might apply to you.

What Issues Need to Be Settled during Divorce?

When a couple decides to legally end their marriage, the process can take some time to complete. The reason for this is that many aspects of their lives were legally bound, and now they need to agree on how to split those up. When children are involved, divorce can be even more complicated.

When settling a divorce, a couple needs to make concrete decisions about how they will deal with the following before the court will finalize anything:

Continue Reading ››

 Posted on September 19, 2023 in Divorce

When a couple is first considering divorce, they may find the entire process overwhelming. There are different options for how two people can legally end their marriage, and it can be hard to figure out which is the best for you. If you and your spouse are considering divorce, mediation could be a good option. A Schaumburg, IL mediation lawyer can help explain what is involved and guide you through the process.

What Exactly Is Mediation?

In any legal dispute, the people involved can settle their arguments in court. However, they also have the option of entering alternative dispute resolution (ADR) instead. This means that they can try to settle their issues outside the courtroom. This is the case for many types of legal disputes, including divorce.

Mediation is similar to a negotiation, where the sides try to reach an agreement together with their respective lawyers. But here, there is a mediator who acts as a neutral third party helping facilitate the discussions and working toward an agreement that both sides will find acceptable.

Continue Reading ››

 Posted on September 15, 2023 in Divorce

We are all familiar with what is considered a “typical” divorce. You have probably seen TV shows showing spouses screaming and refusing to give each other anything. In reality, however, there are many times when a couple wants to get divorced but is not interested in hurting each other.

In such cases, an uncontested divorce can be the simplest way for both sides to get what they want. If you are considering divorce and you think you and your spouse can agree on all the issues involved, an Illinois uncontested divorce attorney can guide you on how to accomplish this.

What Is an Uncontested Divorce?

You and your spouse want a divorce, but that does not necessarily mean you cannot agree on how you would like to go about it. Sometimes, a couple can form a shared vision for their future after divorce. And sometimes, they can even agree on every aspect that would need to be settled in a divorce. That includes:

• parental responsibilities

  Continue Reading ››

 Posted on September 11, 2023 in Wills and Trusts

Caring for a loved one with special needs requires careful financial and estate planning. Special needs trust is one powerful tool that can provide peace of mind for families. This legal arrangement helps protect the financial security of individuals with disabilities, ensuring they receive the necessary support while preserving eligibility for government assistance programs. If you have a family member with special needs and are looking to protect their financial future, contact an estate planning attorney to begin the process of setting up a special needs trust.

Here Are Three Reasons Why Special Needs Trusts Are Important

1. Preserving eligibility for government benefits - One of the most significant advantages of an Illinois special needs trust is that it allows individuals with disabilities to maintain eligibility for government assistance programs, such as Supplemental Security Income (SSI) and Medicaid. These programs often have strict income and asset limits, which, if exceeded, can result in the loss of critical benefits. By placing funds in a special needs trust, the assets are not considered as the beneficiary’s own, thus safeguarding their eligibility for these essential programs.

   Continue Reading ››