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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 Posted on November 05, 2021 in Divorce

Same-sex couples in Illinois get married with high hopes of long-term marital success. Unfortunately, staying married forever is not always possible and divorce becomes necessary. Since same-sex marriage became legal in the United States, the divorce process for same-sex couples is usually the same as ending a marriage for heterosexual couples.

Regardless of the gender of your spouse, it is important to understand the divorce process so you can make your divorce as smooth and fair as possible.

The Divorce Process in Illinois

Before a couple can get divorced in Illinois, one spouse must be a resident of Illinois. To be a resident, a person must have lived in Illinois for the past 90 days or, if they are an active duty member of the military, must have been stationed there the past 90 days. If children are involved, the children must have been residents for at least six months.

Couples do not need to prove fault to file for divorce. In fact, the only reason for divorce currently allowed by Illinois is "irreconcilable differences." One spouse will file for divorce using a "Petition for the Dissolution of Marriage" in the circuit court where they or the other spouse lives. The petition for divorce must include information about spouses, including where they live and whether they have children. The divorce papers are served to the other spouse and require him or her to respond.

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 Posted on October 29, 2021 in Family Law

Child support payments are a crucial part of ensuring children are raised in a way that meets their physical and emotional needs following a divorce. Generally, child support ends once a child turns 18 or graduates high school or college. For some adults, mental and physical disabilities make it impossible for them to live independent lives. In cases like this, child support payments may be extended so the child can maintain a reasonable standard of living, even as an adult.

If you are parenting a disabled child and want to know more about what this might mean for child support payments, this blog may be helpful to you. Keep in mind that every situation is unique and that a qualified Illinois child support attorney is the best person to give you advice tailored to your situation.

Determining Child Support for Disabled Adult Dependants

In Illinois, child support payments are based on both parents’ incomes and the amount of time each parent spends with their child. This allows parents to split the cost of raising a child in a way that is fair to everyone. Illinois has standard tables it uses to calculate child support payments, but judges have leeway to modify payments if they would be unfair or insufficient.

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 Posted on October 27, 2021 in Wills and Trusts

While wills and trusts are both ways to pass money and property to your survivors, there are a few major differences. For example, a will has no effect until the testator has passed away, while a trust takes effect immediately. Many strong estate plans use a combination of a will and a trust, or trusts, as a way to make sure everything is covered. It is important to work closely with a qualified estate planning attorney, who can help you determine whether your ideal estate plan includes a will, trust, or both.

What are the Major Differences Between Wills and Trusts?

When you begin working on your estate plan, your attorney will discuss the benefits and drawbacks of both wills and trusts to help you decide what is best for your individual situation. A few key differences are:

• Timing - A will and trust take effect at different times. A living trust may immediately transfer ownership of any property you place in the trust to the trust. A will, on the other hand, has no legal effect whatsoever until you have passed away.

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 Posted on October 26, 2021 in Child Support

Different states have different methods for handling child support when either parent remarries. Illinois uses a method known as the "income shares model" to determine each parent’s financial obligation to their children and whether one parent must pay the other monthly child support. Parents’ incomes and the parenting time they have are the primary factors of child support payment calculations. Because remarriage potentially affects the remarried parent’s overall financial situation, either parent, paying or receiving, could request that child support payments be modified by an Illinois court.

Remarriage as Grounds For Child Support Modification

If the parent with the majority of parenting time gets remarried, the other parent - the one making the child support payments - may request a modification. Although the spouse of the remarried parent has no legal obligation to help pay for the children, having a second household income reduces the remarried parent’s financial burdens and gives them more disposable income to provide for the children.

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