Posted on September 29, 2022 in Divorce

As the stigma of divorce continues to lessen and people getting divorced in Illinois are thinking more consciously about how they want to get divorced, one strategy for getting divorced has become increasingly prominent. Collaborative divorce, or the use of a team of divorce experts to help a divorcing couple transition peacefully from married to divorced life, offers many benefits, especially for families with young children. Because of the inherently cooperative nature of collaborative divorce, however, it may not be suitable for people in certain high-conflict situations. To learn more about collaborative divorce, read on and then contact a knowledgeable Ilinois divorce lawyer.

What Are the Benefits of Collaborative Divorce?

Many people who endured a hostile divorce between their parents as young children themselves want to spare their own children from exposure to such a difficult experience. Collaborative divorce offers parents an opportunity to bring experts and specialists on board who can not only help them negotiate a mutually agreeable parenting plan but can also help them understand ways to help their children through a potentially difficult transition.

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 Posted on September 23, 2022 in Family Law

While most fathers are happily involved in their child’s life, not all fathers are or want to be. Furthermore, not all men who are alleged to be the father of a child actually are. Paternity can become a hotly contested issue, especially when one or both of a child’s alleged parents are involved in relationships with someone other than each other. Issues of paternity can become matters of urgent privacy, and men and women both may rightfully fear the impact of having the wrong man labeled as the child’s father.

Thanks to DNA testing, however, mistakes rarely occur when establishing paternity. More children are getting the resources and support they need because fatherhood is much easier to prove now than in the past. If you are trying to establish the paternity of your child - or trying to avoid being wrongfully labeled a child’s father - it is important to understand Illinois paternity law and have an experienced paternity lawyer representing you.

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 Posted on September 20, 2022 in Estate Planning

Responsible adults of every age and wealth level can benefit from setting up an estate plan while they are sure of their wishes and sound mind. While the end of life is rarely a pleasant thing to contemplate, people are often surprised at the peace of mind they get when they know their wishes will be respected and their family members are protected.

Unfortunately, an unexpected death may have left your loved one unable to create an estate plan, leaving you - the executor or beneficiary - trying to determine what to do. If you are responsible for managing the estate of a deceased person (the “decedent”), consider meeting with an Illinois estate planning attorney to find out whether a small estate affidavit could benefit you.

Small Estate Affidavit in Illinois

When someone dies without an estate plan, their property must go through the Illinois probate process. This can be long, difficult, and expensive, to say nothing of the emotional burden of managing an unplanned estate after the loss of a loved one.

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 Posted on September 16, 2022 in Divorce

After many years of marriage, a couple’s asset portfolio is often complex and made up of both personal and marital property. This is especially true if a couple was married in later adulthood when each partner owned a significant number of private assets and later inherited further assets. While some of a couple’s asset portfolio is likely protected in a prenuptial agreement, this does not typically prevent or proscribe the division of assets a couple accumulated over the course of their marriage, nor will it usually detail what to do with assets that may have become commingled over many years. To learn more about how complex and high-value assets are handled in an Illinois divorce, read this brief overview and then contact an experienced divorce attorney for help.

What Are Complex Assets?

The easiest way to define a complex asset is to define what it is not: Cash, savings accounts, and other liquid assets with a definitive value are not complex assets, even if they are of significant worth. Complex assets, instead, are assets that are made up of many parts: investment portfolios, family businesses, collections, and other assets which need to have more than one component assessed. Valuing these assets takes time and usually requires the help of a specialist.

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 Posted on September 12, 2022 in Child Custody

When divorce in Illinois is a messy emotional affair, it typically comes on the heels of an equally messy relationship. Couples often experience many years of difficult interpersonal conflict before deciding to get divorced, with the result that they may not want anything to do with each other once the divorce is finalized - even if they share minor children.

It is easy for partners who changed their last name when they got married to revert to their original last name after a divorce is finalized - doing so can simply be part of the divorce judgment. However, parents who want to change their minor child’s last name as well can run into significant challenges.

When Can a Child’s Last Name Be Changed After Divorce?

Every decision that affects a child’s life after divorce is under scrutiny by the court. Parenting time, allocation of parental responsibilities, where a child lives - these things must all be approved by a judge and parents can be penalized for not following a court-ordered child custody order.

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 Posted on September 09, 2022 in Child Custody

Parents who are divorced, legally separated, or who have never been married need to create a parenting plan for shared children under age 18. Older children, who are more independent, are often easier to make flexible arrangements for. Younger children require more attention and care, but as long as they have what they need, they can transition well between their parents’ homes. For newborn babies and very young children, however, moving between houses can prove quite difficult. Although Illinois law gives no automatic preference to either parent, there is no question that newborn infants are primarily dependent upon their mother for constant care, especially when it comes to the issue of breastfeeding.

Can a Father Get Shared Custody of an Infant?

When most parents speak of “shared custody,” they mean both decision-making authority and the right to spend time with their child. In Illinois, these terms are distinct as known as “parental responsibilities” and “parenting time,” respectively. While parents of an infant may easily share parental responsibilities, sharing parenting time can prove trickier.

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 Posted on September 08, 2022 in Child Custody

Divorcing parents in Illinois frequently disagree about the best way to arrange shared parenting time and parental responsibilities. After so many years of an unhappy marriage, it can feel like negotiating your relationship with your child is too much to ask. Many children are caught between parents who cannot agree on a parenting plan and often, both the parents and children are dissatisfied with the eventual outcome.

But children grow older and as they do, they begin to develop more mature relationships with their parents. This can include a more nuanced perspective on their parents’ divorce, as well as strong preferences for a parenting arrangement that may be different from the current court order. As a child’s personality continues to develop, he or she may express a desire to spend more time with one parent than the current schedule allows. For the parent with whom the child wants to spend more time, this may be a welcome adjustment - but where do you go from here?

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 Posted on September 02, 2022 in Wills and Trusts

Setting up an estate plan for the first time can be a daunting task. Not only does it confront you with potentially uncomfortable questions ranging from the practical to the existential, but it also requires careful accounting of your assets and detailed planning for the future. Fortunately, you are not required to manage your estate plan alone. Experienced attorneys who have no motive but to protect your wishes are available to help you identify the type of estate planning instruments that will benefit you the most. One common feature of an estate plan is a trust.

What is a Trust?

A trust is a fiduciary (financial) arrangement that allows someone to give their assets to a designated person (trustee), who will manage or hold the assets until they pass on to the trust’s recipients (beneficiaries). People who have specific plans for their money, property, or heirloom belongings after they pass away commonly use trusts to ensure their wishes are protected.

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 Posted on August 31, 2022 in Powers of Attorney

Establishing an estate plan early and reviewing it often will ensure your wishes are met and that your loved ones are protected; waiting too long to take care of your estate plan can instead leave your loved ones scrambling to make tough decisions. Having a power of attorney - i.e., giving someone the legal authority to make decisions for you - is essential for helping you and your family in times of need. Here are five kinds of powers of attorney and how each may benefit you.

Durable Power of Attorney

A durable power of attorney is applicable and legally binding as soon as it is signed. It is effective even if you become incapacitated, or unable to make decisions for yourself. Unless otherwise specified, most powers of attorney are presumed to be durable, but it is best to be as specific as possible in your estate plan. A durable power of attorney continues to be effective even if you come in and out of capacity, or if you are only capable of making certain decisions.

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 Posted on August 29, 2022 in Family Law

As divorced parents all over Illinois prepare to send their children back to school, inflation has caused the prices of many school goods to increase substantially. When backpacks, pencils, and textbooks cost as much as 15 percent more than they did last year, even the basics can be hitting parents’ wallets hard. This might raise an awkward question: Who is responsible for paying for school supplies when parents are divorced?

Does Child Support Cover School Expenses?

During a divorce, appropriate child support payments are calculated using the Illinois income shares method. Using the incomes of both parents, the time each child spends with each parent, and each child’s legitimate needs, child support payments are set and cannot be changed without proving a substantial change in circumstances.

The everyday costs of raising a child are considered part of the child support equation. This includes clothes, food, extracurricular activities, and educational supplies. The parent who has the majority of parenting time should be receiving enough child support to cover the cost of school supplies each year.

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