CALL OR TEXT US NOW
630-426-0196
Recent Blog Posts
Top Three Reasons People May Seek a Divorce in Illinois
The divorce rate is currently at its lowest in 40 years, and this decrease in divorces is widely attributed to younger generations delaying marriage. In fact, 15- to 24-year-olds have contributed the most to this average decrease, with a 43 percent drop in divorce rates for this age group. As societal norms change, younger people are waiting longer to get married. A lot of couples choose to live together for a number of years before entering into a legal union. Although the overall percentage of divorces has decreased recently, many couples still choose to end their marriage after careful consideration.
Issues That Can Destroy a Marriage
Most couples do not enter into marriage expecting to get divorced. However, it can happen due to various factors that cause the breakdown of the relationship, such as:
- Infidelity: For some, cheating is considered the ultimate betrayal of a partner’s trust and loyalty. Infidelity can be enough for a person to want a divorce, but it is also a sign that there may be underlying problems within the union. If a person decides to remain married and work on the relationship, there is no guarantee that their partner will not commit adultery again or that they even wish to remain committed to the marriage.
What Are My Options for Enforcing Child Support in My Illinois Divorce?
In a divorce, child-related issues can prove to be contentious, and disputes may arise over child support obligations. Whether raising a child with an absent parent or within an antagonistic relationship, single parents have long faced significant challenges when it comes to child support here in Illinois. While new state laws that went into effect in 2017 aimed to better protect the well-being of children in need, they also made support matters more complicated for many families, due to new calculations that the courts now use to determine financial responsibility. Regardless of the specific amount of support, the custodial parent relies on that money for expenses related to the upbringing of his or her child. In some cases, a parent may need to take legal action to collect the payments that are due.
Assistance for Obtaining Child Support Payments
If you currently find yourself in a situation where you are in need of child support but are not sure where to turn for answers, rest assured there is assistance available to help you. Here are a few examples of how an attorney can help secure the resources necessary to raise your child alone:
What Basic Rights Do Adoptive Parents Have in Illinois?
The decision and privilege to pursue adoption is an exciting, gratifying path when you desire to expand your family. More than ever before, today’s adoption services offer new parents opportunities to share their life with a child who is in need of a good home. However, adoption proceedings are complex and require serious preparation in order to navigate them successfully. For the sake of all parties involved, it is important to understand the legal aspects to make the adoption experience as seamless as possible.
Know Your Rights
It is not uncommon for new parents to feel instantly overwhelmed the moment they begin the adoption process. From selecting an agency to the application and paperwork, it can be difficult to know where to start. One of the most important ways you can get off on the right foot is to inform yourself of your basic rights as a new adoptive parent. What do you have a say over? What resources are available to you? Should you run into roadblocks, what rights do you have to protect your best interests?
Four Reasons to Have an Estate Plan That Are Not All About Money
When the average person thinks about the concept of estate planning, they tend to think about wills, trust funds, inheritances, and other methods for passing assets down to the next generation. While these images are not really incorrect, they do not tell the whole estate planning story. In fact, there are many good reasons to create an estate plan that have almost nothing to do with possessions or money. With this in mind, estate planning is an important consideration for any family, regardless of their wealth or overall net worth.
Reason 1: Privacy Considerations
Unless you plan ahead, Illinois law will likely require your estate to go through probate. Probate is the legal process through which an estate is settled when there are no alternative plans for doing so, and the process can be unpredictable, time-consuming, and cumbersome. You should also know that probate proceedings are usually matters of public record, which means that your affairs are available to be reviewed by the public at large. Through estate planning, you can minimize the effects of probate or even avoid it completely, thereby keeping your family’s personal matters private.
Will Divorce Affect How I File My Taxes in Illinois?
A person will likely experience many changes after getting a divorce. One spouse may move to a different city or state to get a fresh start. If children are involved, a parenting plan will be created to allocate parental responsibility and scheduled parenting time, among other things. Also, finances will be affected, since the spouses will no longer be sharing incomes. Another adjustment for a newly single person will be how he or she files taxes at the end of the year. An individual’s tax filing status will be different after a divorce, especially if children are involved.
Filing Status
Depending on when the divorce is finalized will determine how a couple can file. If the divorce is final before December 31 at 11:59 p.m., each party must file their own individual tax return for that year. However, if the couple remains married at this time, they may choose whether to file taxes jointly or individually. A single person often can only claim one allowance, but a married couple has access to several.
How Do Illinois Courts Address Wasted Marital Assets During Divorce?
When a married couple decides to divorce, they have two options for property division: the couple can decide how to split their marital estate or the courts can make this decision. Usually, court intervention is reserved for couples who cannot come to an agreement about how assets and debt should be divided. Illinois courts use a methodology called “equitable distribution” to fairly divide assets and debt between the parties in a divorce.
When one spouse wastes or recklessly depletes marital funds, this is referred to as “dissipation.” If you have concerns that your spouse has dissipated assets, you may be able to recover the cost of these assets during property division.
What Are Dissipated Assets?
In the realm of family law, the term “dissipation” generally means to waste by misuse or to spend extravagantly. The Illinois Supreme Court has defined dissipation as one spouse using marital funds for purposes not related to the marriage while a marriage is in the midst of an “irretrievable breakdown.” Not just any spending is considered dissipative; the spending must take place during a certain timeframe. The superfluous spending must be substantial, not beneficial to the marriage, and it must take place after the irretrievable breakdown of the marriage has begun. This “breakdown” is generally considered to be the time when the couple has ceased attempts at reconciliation and when divorce is inevitable.
How a Simple Provision in Your Will Could Protect Your Loved Ones’ Eligibility for Aid Programs
Have you ever sat down with a member of your family and helped him or her apply for government-funded assistance programs? If so, you have probably seen firsthand that many of these programs have eligibility criteria that often include limits on income and owned assets. These requirements, in most cases, were established in order to ensure that those with the greatest need were served by these programs. However, the limits have also created unintended consequences for many people.
Such is often the case when an individual who receives benefits through Social Security, Medicaid, or other income-based programs is named as an heir in someone else’s will. It turns out that even a one-time transfer of property-which is generally what happens in inheritance situations-could have an effect on the heir’s eligibility to continue receiving benefits on which he or she may rely.
Understanding Government Aid Programs
How to Talk to Your Children About Divorce
Any person who grew up with divorced parents will tell you it is not easy. Although the divorce rate in the United States has decreased, slightly less than half of all marriages still end in divorce. Traditionally, two people get married and then start a family, so children are often caught in the crossfire of a divorce. Studies have shown that children of divorce are more likely to marry another person with divorced parents, and those couples are more likely to get a divorce themselves. If the cycle of divorce continues, it is important for parents to learn how to communicate with their children about the end of their marriage.
Open Communication
How the discussion of divorce should be handled will depend on the age and emotional maturity of a child. If there are multiple children with significant gaps in age, it may be best to individualize these discussions. Some of the most important aspects of these conversations include being open and honest while talking to children about divorce. Expect a wide range of reactions and emotions, which could go on for a period of time, even after the divorce is final. Some tips for discussing divorce with children of different ages include:
Your Divorce Agreement Could Create Estate Planning Obligations
As we all know, not all marriages stand the test of time, and a divorce can be a messy undertaking. In previous posts, we have discussed in a fair amount of detail how a divorce can affect a person’s already existing estate plan. In most cases, the divorce will nullify any provisions that pertain to the person’s spouse. But, did you know that the terms of a divorce settlement agreement could create obligations for a person to meet in his or her estate plan in the future? A recent ruling by an Illinois appeals court shows how such a thing could happen.
A 33-Year Old Divorce Agreement
In the case in question, a couple got married in 1963, had six children together, and got divorced in 1982. As part of their divorce settlement agreement, which was entered as part of their divorce judgment, each party agreed to create a will that left 50 percent of their estate to be divided equally among their six children.
Who is the Legal Parent in Egg Donation Cases?
Modern technology has assisted with the creation and growth of many families. Originally, natural conception and adoption were the only two options available to those who wish to have children or increase the size of their existing family. While adoption is a great option for couples to use, some parents wish to have a biological connection with their child and care for them through conception as well. Thankfully, medical advances have allowed families to have children through in vitro fertilization (IVF) using donor eggs. Egg donation is a treatment for infertile women who wish to physically bear a child. While this is not a brand new technology, it has continued to improve over the years. According to data from the Society for Assisted Reproductive Technology (SART), there was a 50.7% success rate for live births using donor eggs in the U.S. in 2017, proving that this version of IVF is a valid option for many families.
Work with Our Team
& Get Started Today
To get in contact with a member of our team, call or text us at 630-426-0196
or fill out and submit the contact form below.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Lombard
200 W. 22nd Street, Suite 210
Lombard, IL 60148
P 630-426-0196
MAP + DIRECTIONS
Arlington Heights
634 S. Arthur Avenue
Arlington Heights, IL 60005
P 847-749-4182
MAP + DIRECTIONS
LEAVE US A REVIEW
200 W. 22nd Street, Suite 210
Lombard, IL 60148
