Posted on September 22, 2021 in Mediation

If you are getting divorced but the thought of spending hours in court negotiating with your spouse makes you queasy, there are other options. In fact, only a small percentage of Illinois divorces are actually litigated in court because the alternatives to litigation have so many advantages.

This article looks at the two primary alternatives to divorce litigation: mediation and collaborative divorce. Although they are similar, mediation and collaborative divorce are not the same, and it is important to understand their differences, so you know whether one of these options is right for you.

What is Mediation?

In an Illinois divorce, mediation is a negotiation process involving two spouses and an impartial third-party mediator. Mediators are trained professionals who can guide spouses through negotiations about important issues such as the division of marital property, parenting time, and spousal support. Mediators are skilled in conflict resolution and can help spouses keep hostility to a minimum. Although each spouse usually still has an attorney, the attorneys are not a part of the mediation process.

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 Posted on September 20, 2021 in Family Law

In the rush and excitement of planning for a wedding, many couples overlook the importance of a prenuptial agreement. But after the wedding is over and they settle into real life as a married couple, they may want to create a shared arrangement regarding their finances.

In many ways, postnuptial agreements are similar to prenuptial agreements. They can address how a couple will deal with day-to-day finances, work together towards retirement, and how they will allocate separate and marital property in the event of a divorce. Although prenuptial and postnuptial agreements may not seem romantic, they are actually a great way loving spouses can protect each other - whether they stay together or separate.

Who Can Benefit From a Postnuptial Agreement?

One common misconception about marital agreements is that they are only beneficial to older spouses, those who already have substantial financial resources, or those who share children from previous marriages. Although it is true that a prenup or postnup can be valuable to people in those circumstances, a postnuptial agreement can be equally valuable to a young couple just beginning their journey together in life.

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 Posted on September 14, 2021 in Divorce

Modern technology has made it very easy to record every moment of our lives. Photo, video, and voice recordings of people acting poorly are all over the internet. Although people getting divorced in Illinois may believe that recording their spouses doing something threatening or illegal would be justified and therefore no big deal, Illinois and federal law are quite strict regarding legal and illegal recordings.

Many people have legitimate reasons to fear their spouse during an ongoing divorce process and may want to surreptitiously document threats or abusive behavior. Although there are times when secret recording can be done legally, it is easy to violate these laws and a recording could be inadmissible as evidence - or worse, get the person doing the recording in serious legal trouble.

When Can Conversations Be Legally Recorded in Illinois?

Illinois is an all-party consent state when it comes to recordings. This means that everyone involved in a conversation must be aware that recording is taking place. They do not have to consent to the recording; they must only be aware of it.

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 Posted on September 10, 2021 in Estate Planning

While estate planning is important for everyone, it is especially so for high-net-worth individuals. If you own high-value or complex assets, a number of estate planning tools are available to ensure that your wealth is distributed according to your wishes while minimizing your Illinois Estate and Generation-Skipping Transfer Tax liability. The greater the value of your estate, the greater the potential liabilities. An experienced attorney can craft an estate plan designed to preserve your wealth.

Minimizing Taxes During Estate Distribution

Generally, trusts are favored over wills. Trusts serve one very important purpose-- avoiding probate. Probate can be costly and complicated, and it significantly diminishes your estate’s value. There are two types of trusts: revocable and irrevocable. Often, both are used to hold different assets and to serve different purposes.

A revocable trust allows you to continue making modifications to it throughout your life. You can move assets in and out of a revocable trust. Any wealth contained in a revocable trust will not be subject to probate.

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 Posted on September 09, 2021 in Child Custody

Getting used to parenting with your kids in two separate households is a difficult but necessary task for many families adjusting to life after divorce. The start of a new school year puts additional responsibilities on parents as they try to arrange schedules, buy supplies, and manage expenses.

Thinking ahead is crucial for creating an adequate parenting plan. Having a plan in place can help a family transition into the academic year much more smoothly. Whether you have been divorced for years or are still going through a divorce, here are some things to consider addressing in your parenting plan as your children start school.

Share Unexpected Expenses

Child support is generally expected to cover a child’s cost of living at one home, but school can add extra unanticipated expenses. Extracurricular activities, books, and fees for tests and college-level courses can add up quickly.

Addressing how unexpected educational expenses will be handled is an important part of any parenting plan. Parents might split them 50/50, each parent may agree to pay for certain expenses, or one parent may be able and willing to pay for everything. Parents may also want to consider having their older children help pay for things like involvement in sports teams or school dances.

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 Posted on September 08, 2021 in Divorce

Getting a divorce can have a major, ongoing impact on your finances. After the divorce is over and all the court and attorney expenses have been paid, many divorcees must continue to make spousal maintenance payments to their former spouses.

Knowing how spousal maintenance is handled and what kinds of maintenance there are in Illinois is crucial for managing your options and expectations. In this article, we will explore what the Illinois Marriage and Dissolution of Marriage Act allows in terms of spousal maintenance, how payments are calculated, and how long you can expect to make these payments.

How is Spousal Maintenance Calculated?

Maintenance payments are allocated based on a fairly simple equation but judges have wide leeway to adjust payments depending on other factors as well, such as child support obligations or spousal support payments already being made to previous spouses. The basic formula for spousal maintenance is 33 percent of the paying spouse’s annual net income, minus 25 percent of the receiving spouse’s annual net income.

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 Posted on September 08, 2021 in Powers of Attorney

A power of attorney is a legal document that gives another person, called the "agent," the power to make decisions on your behalf. Powers of attorney can be as limited in scope as allowing your agent to handle one specific transaction for you, or as broad as giving your agent general and permanent power to manage all of your finances and medical decision-making. It is very important to consult with a qualified attorney before you execute any power of attorney. These legal documents can be quite complicated, and an experienced attorney will be able to guide you through the process and ensure that your wishes will be carried out correctly.

What is the Difference Between Durable and Springing Powers of Attorney?

The main difference between a durable power of attorney and a springing power of attorney is that a durable power of attorney takes effect immediately and gives your agent the ability to start making decisions for you, managing your finances, or any other included powers right away. It is effective for the rest of your life unless you revoke it. A durable power of attorney is not affected if you become incapacitated. One advantage of a durable power of attorney is that since it is already in effect, the transition after you become incapacitated can be seamless.

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 Posted on August 30, 2021 in Divorce

If you have decided to get a divorce, the next step is to choose an Illinois divorce attorney. But what makes a good attorney? Out of the myriad of options, how do you know what to look for, or even where to look?

Choosing a divorce attorney is an important part of the divorce process. The right attorney can make the divorce process smoother, less stressful, and will avoid unnecessary delays and mistakes that can cost you valuable time and money. This article discusses the process of choosing a divorce attorney, as well as some of the things you should look for.

Where Should I Search for a Divorce Attorney?

First, begin by speaking with trusted friends and family. If you know anyone who has recently been through a divorce, ask them how they felt about their attorney. You may be surprised to find that some people will even recommend their ex-spouse’s attorney rather than their own, simply because the attorney did such a great job of advocating for their client.

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 Posted on August 25, 2021 in Child Custody

Deciding how to arrange a parenting time schedule is never easy, but it can be particularly difficult when both parents are extremely hostile toward each other or when a parent is poorly equipped to care for their child. Sometimes, the court cannot determine the most appropriate arrangement without the assistance of other professionals, such as guardian ad litem or custody evaluators.

What Does a Custody Evaluator Do?

A custody evaluator is a trained professional who is usually a psychologist, psychiatrist, or attorney. Custody evaluators are different from child representatives because they do not legally represent the child or anyone else. A custody evaluator’s job is to work with the judge, the parents, the child, and any other relevant parties to objectively assess what would be in the best interests of the child.

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 Posted on August 19, 2021 in Estate Planning

One of the most important parts of creating a successful estate plan is deciding who will be responsible for carrying out the wishes of your will. This person is known as an "executor." Even if you think your estate is small, choosing a trustworthy executor is important for ensuring your last wishes are in good hands.

What Does an Executor Do?

Even for a smaller estate, an executor has many responsibilities. It takes about a year to completely settle an average estate, and sometimes it can take much longer. Your executor will file your will with a court to pay off any debt you may have, close all your accounts, hire any necessary experts, and ensure your assets are distributed appropriately.

What Makes Someone a Good Executor?

Because an executor is entrusted with sensitive personal and financial information, not just anyone should be named as an executor. Ideally, an executor should be:

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