Posted on December 17, 2021 in Divorce

Accidents, slips and falls, or malfunctioning equipment can seriously harm people while they are at work. When people get injured badly enough that they need medical treatment or lose wages, they often pursue workers’ compensation claims or personal injury settlements and sometimes get a significant amount of money from the party responsible for the injury.

You may be surprised to learn that, if such an injury occurs while you are married, any compensation can be considered a marital asset - and therefore subject to division if the courts divide property in a divorce. This seems counterintuitive because there is only one spouse who is injured and therefore in need of compensation; nevertheless, Illinois law generally defines any asset obtained during the marriage, including cash settlements or ongoing payments, as a marital asset.

Disabilities May Be a Factor in the Illinois Property Division Process

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 Posted on December 10, 2021 in Divorce

One of the most difficult issues divorcing couples struggle to agree about is spousal maintenance. Previously known as alimony, spousal maintenance or spousal support is money paid by one spouse to another after an Illinois divorce while the receiving spouse becomes financially self-sufficient. Spousal maintenance may be paid in a lump sum or in monthly payments over a set period. Sometimes, for long marriages, spousal support is ordered to last indefinitely.

Spouses who are ordered to pay spousal support sometimes feel upset that they are giving money to someone they are not married to anymore. This may be especially true if one spouse is petitioning for spousal support to be a nuisance to their ex, not because they genuinely need the financial assistance. If you believe your former spouse is wrongfully petitioning for spousal maintenance and you want to fight their claim, the information in this blog may be helpful to you.

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 Posted on December 07, 2021 in Child Custody

Parents frequently disagree about issues related to the allocation of parental responsibilities and parenting time during their divorce. When parents cannot reach an agreement or create a parenting plan, mediators or a collaborative divorce team may be able to help. However, if other methods fail or if a case is extremely contentious, parents may end up litigating their custody dispute in an Illinois family law court. Although there is no failsafe way for a parent to ensure they get what they want in a court hearing, there are certain mistakes that parents should try to avoid.

Sharing Details of the Dispute on Social Media

Nearly everyone uses social media, but during a contentious divorce, putting too many details on social media accounts can have negative consequences. Even with the most private account settings, information can be obtained and used as evidence in court. Trash-talking the other parent, posting pictures of late-night parties, and even photos of fun but risky behaviors with children may be used to try to prove lack of parental fitness in court. When in doubt, less is more when it comes to social media use.

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 Posted on November 30, 2021 in Divorce

One of the most challenging parts of any divorce is the property division process. Ideally, a couple can work together to create an agreement for splitting their assets and debts equitably. However, sometimes court intervention is required for spouses who cannot negotiate productively or when there are other extenuating circumstances.

One of the circumstances under which a court may get involved in dividing property is when one spouse has engaged in wasting, or “dissipating,” marital property. In this blog, we will discuss what marital asset dissipation is, how it can be proven, and how dissipated assets might be recovered.

What is Marital Asset Dissipation in Illinois?

A spouse can dissipate marital assets in many ways, but all forms of dissipation have one thing in common: Wasting, misusing, or extravagantly spending on things unrelated to the marriage when the relationship is undergoing an irretrievable breakdown. Some of the most common forms of dissipation include:

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 Posted on November 29, 2021 in Divorce

Although it may seem difficult or even impossible, many spouses have been able to work through their differences and successfully negotiate a divorce agreement through mediation or other alternative dispute resolution methods. One important but challenging issue that many couples must address is that of spousal support, also known as alimony or spousal maintenance.

Avoiding the hassle, expense, and conflict of litigating a divorce in court is usually best for everyone - especially if there are children involved. Although negotiating spousal support may be difficult, it is well worth the effort. Here are three tips for helping you begin.

Successful Alimony Negotiations

• Focus on finding a solution - Rather than hashing out old differences, stay task-oriented and work towards an outcome. Try not to make accusations; instead, communicate your feelings and focus on your priorities.

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 Posted on November 19, 2021 in Family Law

Although prenuptial agreements are famously used by people with high-worth assets, the truth is that prenups can protect many different people in many different situations. One of the best uses of a prenuptial agreement is when a parent of children from a previous marriage in Illinois wishes to get married again.

Having a well-written, legally enforceable prenup can save a parent’s children and second spouses from fighting over assets in court if the marriage ends in divorce or if the parent passes away. A great prenuptial agreement can bolster a will and trust, and is an important part of financial planning before getting married again.

Using Prenuptial Agreements for a Second Marriage

When a parent dies, it is always a tragedy - but the sadness can be made much worse when a second spouse is fighting over assets or inheritance with children. A great prenuptial agreement that details exactly how belongings, savings, and other assets will be allocated in the event of a parent’s death can save children and second spouses from the time, expense, and heartache of fighting over assets in court. This is also true if the second marriage fails and a couple disagrees about how their assets should be divided.

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 Posted on November 18, 2021 in Estate Planning

Children are often the people those making an estate plan are most concerned with protecting. Before you begin working on an estate plan, it is important to understand who would or would not be counted as your child. Under intestacy law, the definition of a child is fairly rigid and cannot be altered. Modern family dynamics can be complicated, and it is quite common for children to be raised by someone other than their biological mother and father. The legal definition of a child may not encompass everyone who you consider to be your son or daughter.

The language used in your estate planning documents is very important and cannot be left ambiguous. If your family situation is complex and you are not sure whether an individual is legally your child for inheritance purposes, it is best to consult with a qualified estate planning attorney.

Who Is Considered One of My Children For Estate and Inheritance Purposes?

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 Posted on November 18, 2021 in Divorce

Getting divorced involves learning an entirely new vocabulary. Discovery? Allocation? Retainers? Although the amount of new information can seem overwhelming, taking it step-by-step and having a great divorce attorney can help you understand everything you need to know about the divorce process.

But most people who are getting a divorce have never hired an attorney before, so even that can seem daunting. In this blog post, we will explain the basics of how someone can retain an attorney and how attorneys usually get paid.

How Do Lawyers Get Paid in a Divorce Case?

Not everybody has the same needs or budget in their divorce, so hiring an attorney can look a little different for everybody. Many attorneys offer hourly rates, limited scope representation, contingency fee agreements, or flat rate representation. However, for most people, the process of getting the help of an attorney means paying a retainer first.

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 Posted on November 12, 2021 in Divorce

Although some people getting divorced in Illinois want to hire an attorney who will represent them from the moment the divorce begins to the moment the final divorce decree is handed down, this is neither financially nor practically feasible for everyone. If you anticipate a simple divorce, have budgetary restraints, or simply have the desire to handle certain issues yourself, you may have another option: Limited scope representation.

Illinois allows attorneys to limit the scope of their representation to clients if there are reasonable circumstances and the client understands and gives their consent. Attorneys can coach divorcees who wish to represent themselves, prepare evidence, and can even appear in court if necessary - but only if the client seeks that representation as part of their legal services. If you are considering getting divorced in Illinois and doubt that full-scale legal representation is right for you, read on.

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 Posted on November 12, 2021 in Estate Planning

Pairs of people who are each other’s next of kin, such as a married couple, often leave everything to each other in their estate plans. The idea is that when the first passes away, the second will inherit and enjoy the estate until she too passes away. Sadly, sometimes a couple passes away at the same time, for example, in a car accident. However, it is unlikely that both people died at exactly the same moment. Odds are, one person survived longer than the other - maybe by a few seconds, maybe by a few weeks.

The problem for estate administrators is sorting out who inherits the estate of the person who died first when the person who dies second does not live long enough to claim the first person’s estate. Survivorship period laws simply require that the beneficiary of an estate outlive the decedent by a certain amount of time before benefiting from the estate.

What Problem Does Survivorship Laws Address?

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