Posted on January 15, 2025 in Family Law

One of the biggest concerns for parents going through a divorce is how they will continue raising their children when they are no longer married to each other. It can be extremely difficult and stressful for parents to decide what type of custody arrangement works for them. As with all decisions that impact a child, several factors are considered but the highest priority is on what would be in the child’s best interest.

What happens when the child expresses a strong preference? Will the court rule based on what the child wants? To understand how much influence your child can have on your custody arrangement, speak with a qualified Illinois family law attorney. 

How Is the Child’s Best Interest Determined?

Illinois courts make custody-related decisions based on what they find to be in the child’s best interests. To determine this, the judge considers several factors, including:

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 Posted on January 14, 2025 in Family Law

Mediation is a powerful tool in family law cases because it offers a more collaborative approach to resolving disputes. When family members come from diverse cultural backgrounds, mediation can be especially beneficial. Cultural sensitivity in mediation helps both parties feel heard and respected throughout the process, which can make a big difference when resolving child custody, visitation, spousal support, and other matters that have the potential to make divorce more challenging than necessary. A skilled and experienced Schaumburg, IL family law attorney can answer your questions and help you understand whether mediation is the right step for you.

How Can Mediation Encourage an Atmosphere of Cultural Sensitivity?

Many communities throughout Illinois have members with diverse cultural backgrounds. The communication style and conflict resolution methods of many families are often shaped by their respective traditions. Some spouses in divorce mediation can offend and alienate each other without meaning to if the atmosphere they are in does not encourage cultural sensitivity.

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 Posted on January 13, 2025 in Family Law

When a parent in a blended family adopts her spouse’s biological child, the child becomes legally hers, and their relationship is recognized by the courts as the same as that of a biological child-parent relationship. Stepchild adoption can be a wonderful way to give a child a strong sense of security, establish your legal rights, and forge a strong family bond. 

What happens to that adoption if the adoptive parent and the biological parent get divorced? Does the adoptive step-parent have any less claim to a child than the biological parent after divorce? To learn more, read on and then contact a qualified Illinois family law attorney.

Legal Adoption Status

Whenever an adoption is finalized, the adopted child and adoptive parent have the same legal status as a biological child and parent. If the parents get divorced, it does not change the adoptive parent’s legal parental relationship with the child. Unless the court decides otherwise, the adoptive parent still has the same parental rights and responsibilities as before the divorce.

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 Posted on January 08, 2025 in Wills and Trusts

The most common topic in estate planning that most people have heard about is a will. While wills are important tools that can help you make sure your assets are handled according to your wishes after you pass, they are not the only option to consider when planning for the future.

Some people examining their estate planning needs find that a revocable living trust is a great way to manage their estate while also helping their loved ones avoid some common challenges. To learn more, speak with a qualified DuPage County, IL estate planning lawyer who can explain your options and help you make informed decisions.

What is a Revocable Living Trust?

A revocable living trust is an arrangement that establishes a trust and allows you to place whatever assets you want inside it in your lifetime. These assets can be bank accounts, investments, real estate, or anything else of value.

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 Posted on December 31, 2024 in Divorce

When a marriage in Illinois seems to be ending, couples can face a difficult decision: should they get a divorce or a legal separation? Both options are ways to end the relationship, but there are several key differences. To understand these differences and how they affect finances, property, custody arrangements, and more, speak with an experienced and knowledgeable DuPage County, IL family law attorney.

What Happens in a Divorce?

Divorce is the legal process a couple goes through to end their marriage. The court legally dissolves the marriage and the couple is no longer legally married. Part of the process involves the division of marital property, determinations about spousal support (alimony), and decisions about child custody and child support issues. Once a divorce is finalized, both former spouses are free to marry again.

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 Posted on December 26, 2024 in Family Law

Divorce can be complicated even when it is a straightforward case, but it can become even more challenging to navigate when frozen embryos are involved. Couples going through a divorce who have undergone fertility treatments have the added stress of deciding what will happen to their embryos. Are they treated as children? Might they be considered property? 

Illinois law offers some guidelines, but each case is unique, and respective outcomes can depend on specific circumstances. If you are considering divorce and confused about what might happen to your frozen embryos, speak with a skilled Arlington Heights, IL family law attorney for guidance.

What Are Frozen Embryos?

Couples facing fertility issues have the option of undergoing in-vitro fertilization (IVF). During this process, they can fertilize eggs and then freeze the resulting embryos for the future when they want to have children. If the couple does not use the frozen embryos, they can be donated for research or discarded.

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 Posted on December 20, 2024 in Estate Planning

When someone passes away, anything they own can be passed down to heirs of their choosing. Their real estate, stocks, or other investments can all be included as part of an inheritance. While it is wonderful to leave assets behind for others, beneficiaries are sometimes left with a significant tax burden as a result. 

The "step-up in basis" rule aims to help heirs so that they are not punished for being left with assets and property when a loved one passes away. It can make a big difference in estate planning, especially when families own homes, farms, or other valuable assets. To learn more about how the step-up in basis rule might apply to your situation, speak with a qualified Lombard, IL estate planning attorney.

What is "Basis" in Estate Planning?

To understand the step-up in basis rule, you first need to know what "basis" means. The basis is the original cost of a property or asset, including any improvements that have been made since it was purchased. For example, if you bought a house for $100,000 and later spent $50,000 on renovations, your basis in that house is $150,000. If you sell the house, you will owe taxes on the profit above the basis. If the house later sells for $300,000, the profit – or "capital gain" – is calculated based on the value you put into the house ($100,000 to buy it + $50,000 to renovate it = $150,000). The capital gain would be $150,000, and that is the amount subject to taxes.

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 Posted on December 18, 2024 in Divorce

So you finally made the decision to get a divorce. While that is certainly a big deal on its own, it also means that you need to begin thinking about the practical side of actually making it happen. Meeting a divorce lawyer for the first time can feel overwhelming, but with the right preparation, you can make the most of your appointment. A good lawyer will help you understand your options and guide you through the divorce process. For more tailored advice, speak with an experienced Illinois divorce lawyer.

What to Prepare Before Meeting with a Divorce Lawyer

This meeting is an important opportunity to let someone with legal knowledge and experience review the specifics of your case and build a plan to protect your rights and interests. The lawyer will want to go over your finances and goals, and if you do not come prepared, it might feel like a waste of time. Before your first meeting, it is best to prepare the following:

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 Posted on December 17, 2024 in Divorce

Alimony, which is officially known in Illinois as spousal support or spousal maintenance, is a payment that one spouse makes to the other after they separate or get a divorce. These payments are meant to ensure that the lower-earning or non-earning spouse can maintain a standard of living similar to what they had during the marriage. 

Spousal maintenance is not automatically awarded and so it is not a given aspect of all divorces. Even if it is granted, the amount of money one spouse pays the other is determined by several factors, including each of the spouses’ employment status. A knowledgeable Illinois family law attorney can review your financial information and explain how you and your spouse’s employment can impact your alimony arrangements.

Employment Status of Receiving Spouse

A spouse who is unemployed or earns significantly less than the other spouse is more likely to receive spousal maintenance. This is because the court recognizes the challenges someone can face when forced into financial independence right after a divorce, especially if they sacrificed their career to support the family or care for children during the marriage. In such cases, spousal maintenance provides temporary financial assistance while the receiving spouse works toward becoming self-sufficient, for example, by finding a job or completing additional education or training.

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 Posted on December 16, 2024 in Estate Planning

Seniors wanting to ensure their loved ones are cared for and their assets are distributed according to their wishes should look into estate planning. While leaving clear instructions for how you want things addressed once you pass can give you a great deal of peace of mind, estate planning can have unexpected tax implications. 

For example, certain strategies such as gifting or creating trusts can inadvertently trigger gift taxes or higher estate taxes. Failure to account for Illinois estate tax laws can also reduce the amount passed on to heirs. To learn more about how taxes could impact what you leave behind and those you leave it for, speak with a knowledgeable Lombard, IL estate planning lawyer.

How Do Federal Estate Taxes Work?

Estates that exceed a certain value are subject to federal estate taxes. As of 2024, that limit is $12.92 million per individual, something most people will not have to worry about. For those whose estate is worth more than that amount, anything exceeding that limit could be taxed at up to 40 percent, significantly reducing the amount that would be left.

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