Posted on May 23, 2023 in Family Law

In a divorce or child-related legal dispute, Illinois courts always want to ensure that the children's safety and well-being are paramount. In order to ensure that a child custody arrangement is in a child's best interest, the court sometimes requires parents to undergo psychological testing or a mental health evaluation. Sometimes, a mental health evaluation is requested by one of the parents, in other cases, the court orders psychological testing.

If you are getting divorced or going through a child custody case, you may have many questions and concerns about how mental health evaluations are used and what they entail. Each case is different; however, this blog will give a general outline of mental health evaluations in Illinois family law cases.

Who Has to Undergo Psychological Testing?

Psychological testing can be time-consuming, invasive, and expensive. Consequently, it is only used when necessary to ensure the well-being of a child. The court has the authority to order psychological testing if the court believes that a parent could have a psychological or mental health condition that influences the case.

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 Posted on May 12, 2023 in Wills and Trusts

The average lifetime cost of medical care and assistance for a person with cerebral palsy is estimated to be just under $1,000,000. If your child has cerebral palsy, ensuring that your child has access to the support, medical care, and assistance he or she needs is probably at the top of your mind.

A special needs trust is an estate planning tool that allows for the transfer of assets to a disabled person. When compared with transferring assets through a will, a special needs trust offers significant advantages.

Special Needs Trusts for Disabled Individuals in Illinois

Doctor's appointments, speech therapy, medications, assistive devices, special education programs, and medical equipment such as wheelchairs are just some of the many special needs experienced by children or young adults with cerebral palsy. The costs associated with these needs can be extraordinary. For parents of children with cerebral palsy, financial planning is essential.

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 Posted on May 08, 2023 in Divorce

Divorcing couples of any age may have questions and concerns about how their divorce will influence their retirement, but this is often an especially crucial issue in divorce cases involving older spouses. Understandably, people want to ensure that they will have access to the financial resources they need in their golden years.

In this blog, we will discuss answers to some of the most frequent questions about how divorce can influence retirement accounts and what you can do if you want personalized guidance regarding your situation.

Does My Spouse Get Half of My Retirement Account?

Retirement funds are treated just like any other asset during a divorce. This means that any retirement funds a spouse acquires during the marriage are included in the marital state. Funds that were acquired before the marriage or after a legal separation are considered separate property. You do not have to share separate property, but it is very likely that your spouse is entitled to a share of any retirement funds acquired during the marriage.

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 Posted on May 05, 2023 in Divorce

Almost all of the property that was accumulated during the marriage by either spouse is considered marital property, meaning it is jointly owned by both parties.

Both spouses have a right to an equitable share of marital property. However, some individuals attempt to block their spouse from receiving his or her fair share by hiding assets during divorce.

Transparency regarding finances is essential during a divorce, and Illinois courts demand honesty. If you suspect that your spouse is hiding assets, contact a skilled divorce attorney for help right away.

Transferring Money to Friends and Family

A spouse who is preparing for divorce may start transferring funds to friends and family members in anticipation of the divorce. Often, this is done under the guise of paying back a personal loan. The spouse gives the other person the money, so it is not included during the property division phase of the divorce. Then, once the divorce is over, the friend simply returns the money, effectively shielding it from division.

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 Posted on April 27, 2023 in Divorce

Going through a divorce can be a stressful, sorrowful time, especially for fathers. Fathers going through a divorce may have concerns about their financial stability, their relationship with their children, and their future. If you are a father going through a divorce, make sure to make your concerns known to your divorce attorney, as an experienced family law attorney will likely have valuable insight on how to make the best out of this challenging situation.

Tips Fathers Should Consider

Here is some advice for fathers going through a divorce to help them navigate the process and protect their rights, including:

• Hire an experienced family lawyer – This is one of the most essential steps that fathers can take when going through a divorce. An attorney can provide guidance, advice, and support throughout the divorce process and can help fathers safeguard their rights and interests.

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 Posted on April 24, 2023 in Estate Planning

When a loved one passes away, it can be a difficult and emotional time for family members. In addition to grieving, family members may also have to deal with the deceased person’s estate. Unfortunately, in some cases, estates are not handled properly, which can lead to disputes and legal issues. If you are a beneficiary and believe that an estate is being improperly handled, seeking legal representation right away is crucial.

Considerations for Beneficiaries

Here is what you need to know about legal representation for a beneficiary in this situation:

• Seek legal counsel – If you are a beneficiary and believe an estate is being improperly handled, consider seeking legal counsel. An experienced estate litigation attorney can help you understand your rights and options under the law. However, it is essential not to wait to obtain legal counsel. The sooner you lawyer up, the better.

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 Posted on April 19, 2023 in Divorce

Divorce is challenging for everyone involved, but it can be especially difficult for teenage children. The teenage years are a formative time, and the turbulence of a divorce can make these critical years even more complicated than they already are. As a result, many parents with teenage children are concerned with how the divorce will affect them.

What to Keep in Mind

Here are some considerations for parents with teenage children getting a divorce, including:

• Keep communication channels open – Keeping lines of communication open with your teenage children during the divorce process is essential. Make sure they know that they can come to you with any questions or concerns, and be honest with them about the situation.

• Avoid bad-mouthing the other parent – Speaking poorly of your soon-to-be ex-spouse can be emotionally traumatizing for teenage children, as they may see your words as a reflection of them. This can create feelings of tremendous guilt and sadness. Avoid this at all costs.

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 Posted on April 17, 2023 in Divorce

Divorce is hard enough as it is, but it can become even more complicated if one spouse has a severe mental illness. There are many important things to consider as you begin the divorce process. If you are looking to divorce your spouse and are concerned with how their mental illness may play a role in proceedings, contact an experienced divorce attorney to ensure your rights are protected and you have access to the legal support you need.

Here is What to Keep in Mind

Keep in mind that in Illinois, mental illness is not a factor that can be considered when determining the grounds for divorce. Illinois is a "no-fault" state, which means that the grounds for divorce are irreconcilable differences. This can be a helpful factor in cases where mental illness is a factor, as it can help to remove any stigma or bias from the proceedings.

It is essential to be aware of the potential challenges that may arise during the divorce process. If your spouse has a severe mental illness, they may have difficulty understanding or participating in the divorce process. They may also struggle to make certain decisions, communicate effectively, or manage emotions. To complicate matters further, suffering from a mental illness may increase the likelihood that your spouse experiences financial difficulties, making the situation even more challenging. They may struggle to maintain employment, manage their money, or make financial decisions.

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 Posted on April 17, 2023 in Mediation

Divorce mediation is a process in which a third party assists divorcing couples in reaching a settlement agreement. Mediation is often a more cost-effective and less-adversarial way to resolve disputes during divorce. The alternative is the often highly unpleasant litigation process in court. If you are considering divorce mediation, it is essential to prepare for the process. Remember that while you prepare and throughout the actual process, it is wise to consult with a divorce attorney to ensure your rights remain protected and your best interests are advocated for.

Firstly, it is important to understand the mediation process. Mediation is a cooperative process where both parties work to reach a settlement agreement. The mediator is responsible for facilitating communication between the parties and helping them identify where they agree and disagree. The objective of mediation is to reach a mutually acceptable agreement that meets the needs of both parties.

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 Posted on April 14, 2023 in Child Custody

One of the most challenging aspects of divorce is the impact it can have on children. In some cases, one parent may try to turn the child against the other parent, which can cause emotional trauma and damage to the parent-child relationship. If you believe this is happening, it may be worth contacting an experienced family law attorney, who may have advice on how to navigate the situation best. In addition, a lawyer with experience has likely seen this situation before and may have insight on how to proceed.

Steps to Dealing with Parental Alienation

Here are some steps you should take if your spouse is attempting to sabotage the relationship between you and your child, including:

• Document the behavior – If you believe your spouse is trying to turn your child against you, it is essential to document the behavior. For example, record conversations or interactions with your spouse or child that suggest parental alienation occurs.

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