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Lombard family law attorneyIn Illinois, the law presumes that anyone over age 18 is capable of making decisions and handling affairs for himself or herself. Yet, circumstances may arise where a person is not capable of doing so. If this has happened to one of your family members or loved ones, you may wonder what you can do to ensure that this person does not waste their resources or make harmful mistakes. Guardianship is one option you may wish to consider.

When Is Guardianship Appropriate?

Guardianship should be considered when a person cannot make basic life decisions or is not able to manage money or property. People of any age may require a guardian. 

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Lombard guardianship lawyerWhen you are the parent of a disabled child, it is common to assume that he or she will never be able to advocate for himself or herself. While some do require assistance during their lifetime, not every disabled person requires guardianship once they reach adulthood. It can often be up to you as a parent to decide whether guardianship is necessary or whether your child can handle his or her own affairs.

Dealing With Probate Court

Guardianship for adults is handled in Illinois by the Probate Court. Disability is not the only potential grounds for which a guardianship may be sought, but it is the most common. There is a rebuttable presumption in Illinois law that an adult over the age of 18 can manage their own affairs. If this is not the case for your son or daughter, you need to be prepared to show evidence to that effect, with a detailed report of your child’s challenges and strengths. Illinois is somewhat unique in that plenary or total guardianship is generally considered a last resort and is only used if the person in question displays a complete lack of ability to manage their own affairs. Limited guardianship is preferable.

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Lombard family law attorneyToday, many households are dual-income households in which both spouses work. For the well-being of the couple’s children, however, it can sometimes be beneficial for one spouse to embrace the role of a stay-at-home parent. In these cases, having a postnuptial agreement can help clarify each spouse’s responsibilities in case of a future divorce. Before one spouse agrees to take taking extend time away from his or her career, all the potential repercussions should be discussed.

Children Can Change a Couple’s Career Dynamics

Introducing children into a marriage means change, and some families decide that it would be better for one parent to be at home with the children. Despite advances in equality and changing social views on gender roles, it is still usually the wife who elects to put her career on hold and become the stay-at-home parent. In some families, it is more economically advantageous for the male partner to stay home, and this certainly does play out in many households. Either way, couples with children should consider making arrangements for their children and their finances in the event of a divorce.

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Lombard divorce attorneysWe have all heard the phrase “love is blind.” Many of us have even fallen victim to it ourselves. It is not uncommon for a person, when he or she first falls in love, tend to only see their partner’s good points while ignoring their faults and evident warning signs. This is likely to be a contributing factor to many divorces, especially for couples who marry after only knowing each other a short time.

Such is often the case for people who marry someone, only to find out later that their spouse is a “gold digger.” The word gold digger refers to a person who begins a romantic relationship or marries a partner because the partner is wealthy or well-connected. These relationships are also referred to as romance scams. Although it is common to think that only women are gold diggers, there are many cases in which men are just as guilty.

Know the Warning Signs

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Posted on in Family Law

Lombard family law attorneysThere are many reasons that a couple may choose not to marry. Some have become disheartened with the increasing prevalence of divorce and, therefore, do not see the point in marrying. Others want to maintain their single status for political, religious, or personal reasons. Some same-sex couples live in parts of the country where same-sex marriage was not legal until very recently. Only the individuals in a relationship can decide if marriage is right for them, but it is important to know that there are steps unmarried couples can take to protect their rights and assets.

A Cohabitation Agreement Can Protect You in the Case of a Breakup

Common law marriages have not been legally recognized in Illinois since 1905. This means that two people can share their lives together, live in the same house, help each other pay bills, and raise children together without being considered legally married. Couples that live together but are not married do not have the same rights and protection under the law as those couples that are married. Those who split up after sharing a life together may find themselves in a legal mess. For example, if the couple has brought property, real estate, expensive home goods or vehicles together, it is difficult to establish how this property should be divided following a breakup.

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