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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 Posted on August 18, 2021 in Divorce

For many divorced individuals, the prospect of remarrying a former spouse is the last thing on their minds. However, this is a choice that a surprising number of people make - and, according to the research, they frequently do it successfully.

People who seek to remarry their former spouse often have very good reasons for wishing to do so. After some time apart, a couple may realize that getting divorced does not rid them of the responsibility to raise their children together. A shared history and vision for the future often make it possible to overcome past hurt and rekindle a relationship.

However, marriages that ended once can end again. Former partners getting remarried should consider several things before taking a second leap into commitment.

Manage Existing Child and Spousal Support Obligations

Spousal support payments automatically end once the receiving partner gets married. However, the paying spouse must officially notify the receiving spouse that the payments will end at least 30 days before the wedding. A verbal agreement between two former spouses that they intend to get married is not a justification to stop paying alimony; if they break up before the wedding, past and future support payments will still be due.

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 Posted on August 13, 2021 in Divorce

Statistics about domestic violence in Illinois are tragic and shocking. The Center for Disease Control (CDC) estimates that nationally, about 35% of both men and women experience harm by an intimate partner during their lifetime. In Illinois, these rates are even higher for women.

Unfortunately, domestic violence often occurs within the context of a marriage. Sexual abuse, physical abuse, verbal abuse, emotional manipulation, and withholding necessary financial resources are common forms of marital abuse. If you are a victim of spousal abuse and are considering divorce, there are a few additional actions you may want to consider.

File for an Order of Protection

Orders of Protection are legally binding orders from the court that prohibit an abusive person from contacting or coming within a certain distance of their victim. You can file for an Emergency Order of Protection (EOP), which will give you immediate protection for 21 days. After the EOP expires, you may need to attend a hearing to get a Plenary Order of Protection that can last up to two years. Orders of Protection can also prohibit an abuser from contacting or coming near your children. Violations of Orders of Protection are punishable by arrest and incarceration.

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 Posted on August 12, 2021 in Wills and Trusts

There are several options for people in Illinois who want to ensure their assets are protected and their wishes are fulfilled after their death. Among these is something called a "living trust," and it is one of the most valuable asset protection instruments someone can have. Living trusts are versatile estate planning tools that offer flexibility when transferring assets to loved ones. Better yet, they save your estate from having to go through a time-consuming and expensive probate process.

What is the Purpose of a Living Trust?

A trust is a legal arrangement in which one person - the trustee - holds assets on behalf of another person, known as the beneficiary. A living trust has the advantage of remaining under the control of the trustee for as long as they live, giving the trustee great flexibility over how the assets in the trust are handled. A trustee of a living trust can sell, mortgage, or give away assets held in the trust at any time. Once the trustee passes away, a successor trustee appointed by the original trustee distributes the assets to the trust’s beneficiaries.

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 Posted on August 11, 2021 in Divorce

Dividing marital assets between a divorcing couple is often one of the most complex and difficult aspects of the divorce process. Couples who cannot reach an agreement during the property division process may find themselves involved in a contentious litigation process.

One common disagreement occurs when determining whether an asset is owned individually by one spouse or belongs to both spouses in the form of marital property. Complex and illiquid assets such as real estate, pensions, investment accounts, businesses, and vehicles could all be considered either marital or nonmarital property, depending on when they were acquired. An asset that began as nonmarital property may become marital property through a process known as “commingling.”

What is Commingled Property?

Only marital property is subject to division in a divorce. This includes both assets and debts that you, your spouse, or both of you together acquired during your marriage. However, even if an asset was acquired during the marriage, that does not necessarily make it marital property. For example, an asset acquired during the marriage could be considered nonmarital property if it was:

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