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Recent Blog Posts

Legal Aspects of Planning Your Own Funeral in Illinois

 Posted on September 17, 2024 in Estate Planning

IL estate lawyerWhen people think about estate planning, trusts and wills often come to mind. There is a big focus on setting up arrangements in the present to leave assets behind for loved ones in the future. However, a major topic that is sometimes overlooked is funeral planning. While contemplating one’s own death is not generally a favorite pastime, preplanning a funeral can be an excellent way to ensure you get the final sendoff you want without loved ones needing to scramble to make proper arrangements. If you are ready to think about planning your funeral, a qualified DuPage County, IL estate planning lawyer can offer useful guidance.

Why Should I Plan My Funeral?

When you plan your future funeral, you get the benefit of having arrangements that are:

  • Customized: You can tailor your service to suit your preferences. Whether you have opinions about religious aspects, aesthetic factors, musical choices, or anything else, they can all be incorporated into your funeral.

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Can I Insist on a Psychological Evaluation in My Illinois Divorce?

 Posted on September 17, 2024 in Child Custody

IL family lawyerCustody battles can take a toll on a family. However, sometimes, one parent fights for as much time as possible because they truly believe the other parent cannot provide a safe and healthy environment. If your spouse has a history of mental illness, substance abuse, addiction, or some other issue preventing them from raising your child in a way that suits their best interests, speak with a dedicated Arlington Heights, IL divorce lawyer about requesting a court-ordered psychological evaluation.

How is a Psychological Evaluation Requested?

If there is any concern about a child being placed in a harmful situation with an unfit parent, a psychological evaluation can be ordered to help the court determine whether the concerns are valid. These evaluations can be requested in one of two ways:

  • By a parent: Parents have the right to request an evaluation if they are concerned that the other parent poses a risk to the child because of their mental health issues. It is important to note that an evaluation is expensive, and the person requesting it generally needs to pay for it along with any wages the other parent lost, given the time spent being evaluated.

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When Exes Disagree About Homeschooling in Illinois

 Posted on September 11, 2024 in Child Custody

DuPage County, IL child custody lawyerMost parents send their children to school, but homeschooling is growing in popularity. It is a big commitment to take responsibility for your child's education rather than entrusting it to trained teachers. While certain standards must be met, the teaching parent is largely free to tailor a curriculum to the child’s needs.

Homeschooling can be beneficial, but it has its drawbacks too, with limited socialization and potential for lower-quality teaching. It can become a problem for parents who share custody but are not on the same page about education. If your ex opposes your homeschooling your child, an experienced DuPage County, IL family law attorney can help navigate this.  

Illinois Parental Responsibilities Explained

Child custody in Illinois is divided into two categories:

  • Parental responsibilities: This includes the ability, as well as obligation, to decide about things that can have a big impact on the child. One of these big decisions the parents have the right to make is about the child’s education.

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FAQs About Illinois Adoption

 Posted on September 09, 2024 in Family Law

Arlington Heights, IL adoption lawyerMany parents and individuals yearn to welcome a child into the loving embrace of their homes. Adoption is one of the most generous ways to do this. While the exact adoption process that a person who hopes to adopt (also known as an "adoptive parent") must undergo will depend on what type of adoption that parent is pursuing, there is no adoption that will not be made easier with the help of an experienced Illinois adoption attorney. If you are hoping to adopt and want to know more about the process, contact the family law team at A. Traub & Associates to schedule a consultation.

What Types of Adoption Are There? 

When most people think of adoption, they tend to think of a newborn child going directly home from the hospital with the child’s adoptive parents. While this is indeed a common adoption scenario, there is a surprising number of other available types of adoption as well. These include: 

Business Succession Planning in Illinois Estate Plans

 Posted on August 30, 2024 in Estate Planning

Lombard, IL business succession planningWhen it comes to estate planning, many business owners often overlook the importance of business succession planning. However, this type of planning ensures that your personal or family business continues to thrive even in your absence. Contact a lawyer to explore why including business succession planning in your estate plan is vital, especially for Illinois entrepreneurs.

Protecting Your Legacy

One of the primary reasons for business succession planning is to protect the legacy you have built over the years. A well-structured plan ensures that your business continues to reflect your vision and values. Business succession planning also ensures:

  • The continuity of operations – A clear succession plan prevents disruptions in business operations during transitions.

  • The preservation of relationships – Maintaining relationships with clients, customers, and employees is easier when a clear plan is in place.

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Do Engaged Couples Really Need a Prenup? | IL

 Posted on August 28, 2024 in Family Law

Arlington Heights, IL prenuptial agreement lawyerEven if you do not follow Hollywood gossip, it would be hard not to have at least heard about "Bennifer" or "Bennifer 2.0." These are the names that the media dubbed the on, off, on, and off-again relationship of Jennifer Lopez and Ben Affleck. The couple had a much-publicized relationship and engagement beginning in 2002. They called off the engagement in 2004, and Lopez went on to marry and divorce three times, while Affleck went on to have a 13-year marriage with another Jennifer – actress Jennifer Garner.

In the spring of 2021, the media rumor mill began rumbling that the couple were dating again and a year later, the couple wed. Now, just two years to the date of their wedding, Lopez has filed for divorce. What has surprised many Illinois divorce lawyers and lawyers nationwide about the action is that the high-net-worth powerhouse couple did not sign a prenuptial agreement before the marriage.  

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Does Illinois Require a Parent Education Class for Divorcing Parents?

 Posted on August 25, 2024 in Child Custody

DuPage County, IL family lawyerThe state of Illinois requires parents to complete a court-approved parent education course whenever they establish a first-time parenting plan. This applies to both married parents going through a divorce and couples who were never married but are now requesting a custody ruling by the court. In some cases, the court may require parents to take the course again if there has been a request for modification to the original court-approved or court-ordered custody plan.

If a parent does not complete the course, his or her parenting time could be impacted. Your Illinois family lawyer can help guide you through which class is appropriate for your situation.

How Do the Classes Work?

The purpose of the class is to provide parents with the information and tools to help them co-parent in a cooperative manner and to help them provide support for the child as the family navigates through the divorce/breakup process.

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How Is Alimony Calculated in Illinois?

 Posted on August 19, 2024 in Maintenance

Arlington Heights, IL divorce lawyerDivorce is usually never an easy situation to deal with, especially when it comes to financial matters. One of the most significant financial considerations in a divorce is alimony, also known as spousal maintenance. An Illinois lawyer can help you learn how alimony is calculated and how to navigate this area of your divorce more effectively.

Factors Considered in Alimony Calculations

Illinois courts consider several factors when determining whether to award alimony and how much to award. These factors encompass both financial and personal aspects of the marriage. The court examines the income and property of each spouse, as well as their individual needs and earning ability.

The calculation also includes any decrease in earning potential resulting from household duties, such as raising children. If one spouse will be paying the other alimony, the court considers the time necessary for the spouse seeking maintenance to acquire education or training for appropriate employment.

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Reasons Why an Illinois Single Parent Should Have an Estate Plan

 Posted on August 17, 2024 in Estate Planning

Lombard, IL estate planning lawyerThere is a misconception that the only people who need to have an estate plan in place are those who are older or have significant assets. The truth is that every adult should speak with an Illinois estate planning lawyer to ensure their family will be protected should something happen to them.

One common group of people that A. Traub & Associates helps with estate plans is single parents. Many of our clients are going through divorces and child custody issues and seek out the legal help of our family lawyers. However, our estate planning attorneys know that it is especially important for single parents to have an estate plan in place to protect their minor children.

Do I Need to Choose a Guardian?

If your child’s other parent is active in their life, either through shared custody or frequent parenting time, then the likely outcome should something happen to you is that your child will be with the other parent full-time.

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How is Paternity Established in Illinois?

 Posted on August 16, 2024 in Family Law

Schaumburg, IL paternity lawyerPaternity establishment in Illinois is not just a matter of biology – it is a legal process that shapes the future of families. When a child is born to unmarried parents, establishing paternity becomes a vital step that affects legal rights, financial obligations, and personal relationships. This process can have life-changing consequences for children, mothers, and fathers. An Illinois lawyer can help you figure out any paternity issues that you may have.

Methods of Establishing Paternity

Illinois law provides three primary methods for establishing paternity:

  • Voluntary Acknowledgment of Paternity (VAP): This method involves both parents signing a legal document affirming the father’s paternity. It can be completed at the hospital following the child’s birth or later at a designated state agency.

  • Administrative Paternity Order: The Illinois Department of Healthcare and Family Services can issue this order, often based on genetic testing results. Either parent may initiate this process.

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