Posted on December 06, 2024 in Family Law

Sometimes, when parents are involved in a contentious Illinois custody dispute, the court will appoint a Guardian ad Litem (GAL) to help determine what is in the child’s best interest. Unfortunately, the role of a GAL is often misunderstood, causing worry and anxiety among parents who think it could be bad for their case. 

The truth is that having a GAL involved does not mean that you are losing your case or will end up with an unfavorable outcome. In fact, a GAL can be a helpful part of the legal process, especially when the parents understand what it means and can approach this development with the right mindset. To learn more about the implications of having a GAL appointed to your case, speak with an experienced Lombard, IL custody lawyer.

What Does a Guardian ad Litem Do?

A Guardian ad Litem (GAL) is a court-appointed professional whose job is to represent a child’s best interests during a custody dispute. The GAL does not choose sides with either parent but makes the child’s well-being the primary focus. A GAL can be an attorney, social worker, or psychologist, depending on the case. He or she works by gathering information, speaking with the child, and observing family dynamics. Ultimately, the GAL makes recommendations to the court regarding custody, visitation, and other matters.

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 Posted on December 06, 2024 in Divorce

Divorce tends to be a challenging process for people to go through, whether logistically, financially, or emotionally. If you own a business in Illinois, it can be even more complicated. Your business might be one of your most valuable assets, so it is important to understand how it will be addressed in your divorce and whether it will be considered separate or marital property. If you are a business owner considering ending your marriage, consult with a qualified Arlington Heights, IL divorce lawyer to review your options.

Is Your Business Marital or Nonmarital Property?

An important step that is necessary before you can proceed is determining whether the business you own is considered marital property or separate property.

• Marital property includes assets and debts acquired during the marriage. If you started or grew your business during your marriage, there is a good likelihood that a judge would consider it marital property, even if you are the only person listed as the owner and your spouse is not involved.

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 Posted on November 29, 2024 in Child Custody

Being falsely accused of committing parental alienation following a divorce can be extremely distressing. Parental alienation happens when one parent deliberately tries to damage a child’s relationship with the other parent. A parent can be left powerless to maintain a healthy relationship with his or her child if the other parent manipulates and undermines it.

Illinois courts take this seriously, and allegations can have severe consequences for the accused parent as well as the child. If you are falsely accused of parental alienation, speak with a skilled Lombard, IL family law attorney to understand how the legal system handles these claims and what steps you can take to protect your rights.

What is Parental Alienation?

The term "parental alienation" describes a situation where one parent deliberately tries to influence or manipulate the child to reject or alienate the other parent. This can be done through:

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 Posted on November 26, 2024 in Divorce

Divorce is never easy, but it can become even more complicated when significant assets are involved. For people with substantial investments, real estate, financial holdings, or other assets, the divorce process can be lengthy and difficult. However, if both spouses agree about the major issues without needing a trial, couples can have an uncontested divorce. Speak with an experienced Arlington Heights, IL divorce lawyer to understand whether uncontested divorce is an option for you.

What is an Uncontested Divorce?

When both spouses can agree on all the important aspects of the divorce that need to be resolved in the settlement, they can have an uncontested divorce. Uncontested divorce is typically faster, less expensive, and less stressful than contested divorces. The couple needs to draft a divorce agreement that is acceptable to both of them and addresses everything, including:

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 Posted on November 22, 2024 in Estate Planning

Blended families, where one or both parents have children from a previous relationship, are not unusual in America. The unique dynamic between stepparents and stepchildren makes the distribution of assets after a family death less straightforward than it can be for traditional families. Ensuring that stepchildren are treated as fairly as biological children and that the surviving spouse’s rights are protected can be a challenge.

Without a clear estate plan, there can be a higher risk of confusion, disputes, or unintended disinheritance among family members. If you have a blended family and are thinking about what you want to leave behind for your loved ones, speak with a qualified DuPage County, IL estate planning lawyer who can help you draft a detailed plan.

Why Does Estate Planning Matter for Blended Families?

Estate planning involves decisions about what will happen to your money, property, and other belongings after your death. For blended families, it can be especially important to have all of this written down because children from previous relationships, a new spouse, and stepchildren might all have a claim to your assets.

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 Posted on November 19, 2024 in Child Custody

As technology advances and becomes more and more involved in daily life, it can be challenging for unmarried parents who disagree about how their child should use social media. One parent might have serious concerns about how social media could endanger their child’s well-being, and the other might be concerned that limiting the child’s freedom could harm the child as well. 

When two parents feel passionately about different sides of an argument, it can be a recipe for disaster. If it feels like you and your ex are in an endless battle about your child’s social media use, speak with a skilled Lombard, IL joint custody attorney about ways to resolve it.

Joint Legal Custody and Parenting Plans

The majority of divorced parents in Illinois have some sort of joint legal custody arrangement. That means both parents get a say and need to agree on important decisions that can affect their child. Social media is one of the areas parents need to agree about. If one parent wants to give the child the freedom to make his or her own informed decision and the other wants to restrict social media use, this is a problem that needs to be resolved.

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 Posted on November 19, 2024 in Divorce

When parents divorce, one of the hardest parts for them to figure out can be how to collaborate to raise and care for their children after they are separated. A growing trend called birdnesting offers a creative solution. Birdnesting means that the children stay in one home, while the parents take turns living in that home. This arrangement can be challenging and uncomfortable for some, so it is crucial to examine your dynamics with your ex before attempting it. However, if it can work for you, birdnesting can be an excellent way for families to address the emotional and practical challenges of divorce. Speak with a knowledgeable Arlington Heights, IL divorce lawyer to learn more.

What is Birdnesting?

In a typical divorce, children need to adjust to living in two different homes — one with each parent. This means moving back and forth between homes and adjusting to different rules and routines, which can be challenging. 

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 Posted on November 18, 2024 in Child Support

Child support arrangements are made to ensure that a child’s needs can be provided for, regardless of the financial situation of the parent responsible. Often, if one parent focused more on developing a lucrative career and the other was a stay-at-home parent, the working parent pays child support to the non-working parent. The goal is to ensure that parents can cover food, clothing, education, healthcare, and other costs for the child when they are together.

However, the purpose of child support is quite clear from its name. It is meant to cover the child’s needs, not the other parent’s. Illinois law aims to ensure that both spouses, regardless of their finances and employment, can maintain something close to their previous standard of living. That is why a couple’s marital assets will be divided fairly and why spousal support can also be ordered. 

However, child support funds are intended to benefit the child. If you believe your ex is using your child support payments for her needs, speak with an experienced Illinois child support attorney to understand your options.

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 Posted on November 13, 2024 in Divorce

When couples go through a divorce in Illinois, they need to divide their marital assets in an equitable way. That means that the value of all their property, assets, and debts is calculated and then anything they own as a couple will be divided fairly between both spouses.

 Unfortunately, some spouses have been known to spend and waste assets in such a way that the total amount that will be divided is significantly less than it should be. This is known as the dissipation of assets, and it can have serious legal consequences. If you are worried your spouse is squandering your marital assets and you will be left with much less than you deserve after your divorce, speak with a skilled Illinois family law attorney to learn about your options.

How Is the Dissipation of Assets Defined?

Illinois law defines the dissipation of assets as "the use of marital property for a purpose unrelated to the marriage at a time when the marriage is undergoing an irretrievable breakdown." Irretrievable breakdown means it is clear that the marriage is ending. The divorce is not yet finalized, which is why the assets have not yet been divided, but the spouses know that the divorce is happening.

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 Posted on November 11, 2024 in Estate Planning

As digital assets like social media profiles and cryptocurrency become more common, it is becoming more important to make arrangements for them in an estate plan. Illinois actually has laws that specifically address digital assets, but it is a fairly new aspect of estate planning. Many people fail to consider their digital portfolio, and this can create problems if beneficiaries cannot access online accounts or property. If you want to include your digital assets in your estate plans, speak with a knowledgeable Lombard, IL lawyer who can explain your options and offer relevant guidance.

What Are Digital Assets?

Any type of online property or content that someone owns or controls is considered a digital asset. Some of these are quite valuable. Common examples of digital assets include:

• Online accounts: Social media profiles, email accounts, and cloud storage accounts that could include personal files, photos, and documents are all digital assets that you can bestow on a beneficiary in your estate plan.

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