Posted on July 31, 2024 in Powers of Attorney

People in certain professions know they risk serious injury or death when they go to work. Roofers, pilots, police officers, firefighters, and others face the real possibility that they may suffer a major injury that leaves them incapacitated. Even for those in less dangerous lines of work, it is impossible to tell the future. A sudden car accident, fall, or illness can affect a person’s ability to make decisions for himself or herself, or what the law calls "capacity."

A person who is incapacitated is generally unable to make sound decisions about his or her own health. That is why many people hire an Illinois estate planning lawyer to draft a medical power of attorney, also known as an advanced directive. This is a legal statement in which an individual authorizes an agent to make medical decisions on his or her behalf if he or she becomes incapacitated.

Selecting an agent should be done carefully. He or she will be able to approve or reject treatments for you and have authority over your medical care. It is therefore important to make sure you are certain of your choice.

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 Posted on July 30, 2024 in Child Custody

There are two components to child custody in Illinois. One part is physical custody, referred to as parenting time by Illinois law. The other part is legal custody, also known as parental responsibilities, which refers to making major decisions for the child, namely:

• Decisions about the child’s education

• Decisions about the child’s health

• Decisions about the child’s religious upbringing

Coordinating parenting time and splitting parental responsibilities is difficult, and it is not uncommon for divorced parents to become frustrated while figuring out child custody. There may be fights, frustration, and hostility, but hopefully, the parents can resolve their issues for the good of the child.

Sometimes, however, a parent may resort to parental alienation. This can negatively affect the child and the parent-child relationship. Illinois law even looks at parental alienation as a form of abuse. This article will discuss what parental alienation is and how it can affect child custody. If you suspect your ex-parent is engaging in parental alienation, speak with an Illinois child custody attorney to discuss your legal options.

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 Posted on July 25, 2024 in Child Custody

Illinois law takes parental rights very seriously. The state views both parents as essential to the child’s life and development, mother and father in equal measure. By default, both parents have equal rights and responsibilities to the child. Courts do not look kindly on a parent who tries to undermine the parental rights of the other.

However, sometimes a court will terminate the rights of a parent. This is a serious legal procedure that ends a parent’s right to his or her child. Sometimes it is initiated by a parent voluntarily, and sometimes it is involuntary. This article will discuss parental rights termination and when it occurs. Consult an Illinois parental rights attorney with any questions about parental rights or obligations.

What Are Parental Rights?

Parents have a right to physical custody of their child, known in Illinois law as "parenting time." Both parents have an equal right to physical custody by default.

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 Posted on July 22, 2024 in Divorce

Many things can complicate the divorce process. For example, a child who has special needs can affect a child custody case; high-value or complex assets can impact how marital property is divided; a spouse who is on active military duty overseas can hold up the divorce timeline.

A criminal record can also complicate the divorce process in more ways than one. This article will discuss those impacts, though questions about how a criminal record can affect divorce should be directed to an Illinois divorce attorney.

Domestic Violence

A record of domestic violence or spousal abuse on the part of either spouse can affect a divorce in several ways:

• Mediation, a form of alternative dispute resolution that helps couples reach settlements outside of court, might not be considered a viable option. If one of the spouses has been known to abuse the other, it may not be appropriate to have both spouses negotiate with each other in a room. In that case, the divorce may be litigated in court, which will cost both spouses significant time and money.

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 Posted on July 19, 2024 in Child Custody

Parenting a child after divorce can be difficult. Custody schedules, decision-making, and emotional adjustments are just a few of the issues that parents and children must deal with after divorce. Some of these are addressed in the parenting plan, a document every divorcing parent must submit to the court for approval. A parenting plan tells the court how you plan to co-parent. This includes how you will make decisions about the child and how the parents will divide parenting time, also known as physical custody.

One of the biggest challenges with post-divorce parenting can be communication with your ex-spouse. This is especially true if poor communication was the reason the marriage broke down in the first place. A communication deficiency can make it very difficult for the parents to adhere to the parenting plan, which is likely to affect the child negatively.

That is why some parents work with a parenting coordinator. This article will discuss what a parenting coordinator does and when one may be necessary. Contact an Illinois child custody lawyer with any questions about parenting coordination or parenting plans.

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 Posted on July 14, 2024 in Estate Planning

You may have heard the term "estate plan" without being sure what it means, or you might think only the elderly or wealthy need to have one. The fact is, everyone who has children or assets needs an estate plan. If you do not make your wishes known while you can, someone else will make them once you are gone.

Although some projects are suitable for DIY, estate planning is not one of them. Planning your estate is best done with the help of an experienced lawyer.

What Is Estate Planning?

Your estate includes all the possessions and assets you accumulate through life, such as real estate, cars, stocks, bank accounts, and personal items. Estate planning lets you:

• Decide how you want those assets distributed after your death

• Preserve the value of your assets

• Minimize tax burdens for you and your beneficiaries

• Designate someone who can act on your behalf if you become incapacitated

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 Posted on July 10, 2024 in Divorce

The divorce process often comes with many challenges, though it can become more challenging when a child is involved. Parents may argue over child support, decision-making responsibilities, and physical custody, also known as parenting time. These are in addition to other disputes that arise during divorce, like alimony and property division.

Throughout all this, the interests of the child can sometimes get lost in the shuffle. This is especially true if the parents become caught up in hostility toward each other and forget to focus on their child’s well-being.

In such cases, a court may appoint a guardian ad litem to represent the child in the divorce process. A guardian ad litem, which is Latin for "guardian for the case," is an Illinois family law attorney who is certified to advocate for children in court. He or she is a neutral party appointed by the judge.

What Does a Guardian Ad Litem Do?

The job of a guardian ad litem is to ensure the child’s interests are protected during the divorce. This does not mean fulfilling the child’s wishes, but rather making sure the child’s needs will be met. To determine what those needs are, a guardian ad litem will do the following:

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 Posted on July 06, 2024 in Divorce

Not all divorces are alike. Some couples end their marriages in a flurry of hostility and try to avoid any further contact after the divorce. Others maintain good relations and communication even after their marriages officially end. In some cases, a couple might feel it makes sense to continue living together post-divorce.

But even if you and your ex are willing to live together after the divorce, is it legal? This article will discuss whether you can live with your ex-spouse after a divorce in Illinois. However, it is always best to direct any questions about divorce to an Illinois divorce attorney.

Why Do Some Couples Want to Continue Living Together?

Although it may not happen very often, there are several reasons why some divorced couples choose to live together: 

• At least one spouse lacks the financial means to find other living arrangements. This is the most common reason couples choose to continue living together. It is also becoming more frequent as inflation skyrockets and fewer people can afford new housing.

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 Posted on June 29, 2024 in Wills and Trusts

An estate plan is critical in securing your legacy and ensuring your requests are carried out after you pass away. While many people believe that having a will is sufficient, there are compelling reasons to consider establishing a trust, even if you already have a will in place. An Illinois lawyer can help you explore the benefits of trusts and why they might be valuable to your estate plan.

I Already Have a Will. Do I Need a Trust?

A will is an essential document that clearly demonstrates how you want your assets divided after you pass away. However, a trust can offer additional benefits that a will cannot provide. While a will goes through probate, becoming public record and potentially causing delays, a trust allows for quicker, more private asset distribution without court intervention. This privacy protection can be crucial for maintaining family confidentiality and preventing potential conflicts. A trust can also provide for your care if you become incapacitated, whereas a will only takes effect after death.

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 Posted on June 28, 2024 in Divorce

There are many reasons why people decide to get divorced, chronic unemployment being one of them. Studies show that men who do not have full-time employment are 33 percent more likely to be divorced than husbands who are employed full-time. This means that many divorces happen because one partner is jobless.

Divorcing an unemployed spouse, however, has certain legal consequences. Whether the divorce is your choice or not, speak with a qualified Illinois divorce lawyer about what to expect.

Here are three things to consider if you divorce an unemployed spouse.

Alimony

In many divorces, one spouse is ordered to pay the other spouse alimony, which is also known as spousal support or spousal maintenance. The alimony order from the court, which determines how much and how long alimony payments will be, is based on several factors, such as:

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