Posted on June 22, 2025 in Prenuptial & Postnuptial Agreements

As you prepare for marriage, you should be thinking about your financial future as well. Many couples in Illinois consider prenuptial agreements a responsible way to set expectations and avoid potential conflicts in the future. A well-written prenup will reduce uncertainty before entering into marriage, and speaking with an experienced Schaumburg, IL prenuptial agreement lawyer is the first step in drafting your contract and understanding how Illinois law applies to your case.

What Does Illinois Law Say About Prenuptial Agreements?

The Illinois Uniform Premarital Agreement Act, known as statute 750 ILCS 10/1, governs prenups and outlines what can and cannot be included, setting the rules for enforcement. For example, a prenup must be in writing, voluntarily signed by both parties, and made with full disclosure of each party’s assets and debts. The contract becomes effective upon marriage and can only be revoked or amended by both parties in writing.

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 Posted on June 20, 2025 in Family Law

Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.

Requirements for a Surrogacy Agreement in Illinois

In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two competent adults as witnesses, and it has to be signed before any medical procedures begin, excluding initial screenings. All parties involved must have legal counsel. Any compensation must be handled through an independent escrow account, and the surrogate has to agree to the following:

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 Posted on June 20, 2025 in Family Law

Getting through a divorce in Illinois can be complicated and overwhelming. If you are initiating divorce or considering the modification of post-decree matters, understanding the most recent changes to the Illinois Marriage and Dissolution of Marriage Act is important. The laws that govern spousal maintenance, child support, parental responsibilities, and relocation were updated in 2025 and could directly impact your case. An experienced Illinois divorce attorney can help you make sense of these rules, protecting your rights through every step of the legal process.

Changes to Spousal Maintenance in Illinois

As of January 2025, Illinois no longer allows spousal maintenance, commonly known as alimony, to be paused because the paying spouse is incarcerated. Changes to statute 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act removed language stating that no support would accrue while a party is imprisoned. This change closes a legal loophole that previously allowed some payors to avoid building up back payments when serving time. However, in some cases, the court may find a compelling reason to suspend or modify payments.

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 Posted on June 14, 2025 in Estate Planning

The executor of your estate is the figure responsible for ensuring that your estate plan comes to fruition after you are gone. You have to be able to rely on them to protect and manage everything from asset distribution to tax payments. Choose someone you can trust – someone who exhibits certain personal qualities that fit the role and responsibilities. Consider what to look for in an executor, and talk to an experienced Wheaton, IL estate planning attorney about what it takes to create a robust strategy for your estate.

What Are the Responsibilities of an Executor in Illinois?

Illinois law requires the executor to manage the probate process, which ensures that your assets are properly administered and distributed per your will. It involves validating your will, paying off your liabilities like debt and taxes, and distributing what remains to your heirs or beneficiaries.

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 Posted on June 10, 2025 in Divorce

Many of the decisions you need to make in family law and divorce involve your finances. The complex emotions that are usually present in these situations are not hard enough to deal with, and some common complications can make these matters even more challenging. Fortunately, our experienced Arlington Heights, IL family law attorneys know how to overcome these challenges and can help you navigate your issues.

Which Divorce and Family Law Decisions Involve Finances?

Finances are heavily involved in asset division, debt allocation, child support, and spousal maintenance matters. Modifications and enforcement can also be based on financial concerns. When complications affect the way you resolve these issues, you need the assistance of a competent lawyer to protect your interests during the process.

Wasting or Hiding Assets

Often, divorce brings out underhanded behaviors. Asset division can be highly contested. To prevent you from getting your fair share, your spouse may attempt to hide some of your assets. Extravagant spending, whether running up credit card debt or using cash, is another way some spouses try to manipulate the situation.

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 Posted on June 05, 2025 in Child Custody

Family law matters that involve children, such as allocating parental responsibilities, can be complex and contentious. Sometimes, these cases require a guardian ad litem (GAL) or a child representative to act as an objective voice for the children, ensuring that their best interests are prioritized.

Both play essential roles in the court and offer a way to resolve disputes through an objective lens. The experienced Wheaton, IL guardian ad litem attorneys at A. Traub & Associates can help you understand how a GAL or child representative can impact your case.

What Are the Roles of GALs and Child Reps in Illinois Family Court?

A guardian ad litem is an attorney appointed by the court to investigate and make recommendations regarding what is best for a child in cases involving children. According to Illinois law, they can be called as witnesses to testify about the information contained in their report, and while they are tasked with representing the child’s best interests, that does not mean that they will adhere to a child’s wishes.

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 Posted on May 31, 2025 in Estate Planning

Joint ownership of property can be structured in more than one way, and the specifics of what will happen to that property when a co-owner dies can vary. If you have concerns about how joint ownership of your property could impact everything from estate taxes to creditor claims, or anything else related to your estate plan, talk to an experienced Wheaton, IL estate planning attorney today.

What Is Joint Ownership Under Illinois Law?

Illinois’s Joint Tenancy Act covers the legal nuances of joint ownership, which refers to how more than one person holds the title to certain property. In general, there are three types of joint ownership recognized under Illinois law:

• Tenancy in common: With this agreement, the owners of a property have an inheritable share. Therefore, when you die, your share is inherited based on the terms of your will. For example, if you bought real estate with your siblings, your share could be left to someone else, but your siblings would retain ownership of their shares.

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 Posted on May 28, 2025 in Family Law

The primary difference between prenuptial and postnuptial agreements, also known as prenups and postnups, is timing. The goal is to protect both parties in marriage and divorce, and if carefully crafted, a prenup or postnup can be a great asset to your financial future. If you have questions about getting a prenup or postnup, our Arlington Heights, IL family law attorneys can offer invaluable insight and help you create an ironclad contract that will make you and your spouse feel comfortable.

Are Prenuptial and Postnuptial Agreements Essentially the Same in Illinois?

Prenuptial and postnuptial agreements outline how to handle key aspects of the divorce process, such as asset division, debt responsibility, and spousal maintenance, making divorce proceedings less contentious and more straightforward. The difference between a prenup and a postnup is in the timing, reflected by their names. A prenup is signed before the marriage, and a postnup is signed after. The laws governing both are outlined in the Illinois Uniform Premarital Agreement Act (IUPAA) and the Illinois Uniform Marital Property Act (IUMPA).

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 Posted on May 22, 2025 in Adoption

Stepparent adoption makes up a significant portion of family adoptions in Illinois, and the process can be  very meaningful for blended families. Stepparent adoption requires open conversations and a clear understanding of what it means for a stepparent to take on all the responsibilities and rights of a legal parent. If you are considering adopting your stepchild, talk to an experienced Wheaton, IL stepparent adoption attorney about the steps you will need to take and how having a legal representative can help.

Do I Need the Biological Parent’s Consent To Adopt My Stepchild?

Under Illinois law, a stepparent is categorized among those related to a child, but legally, the role is not the same as that of a biological parent. Adopting a stepchild requires an assessment of the biological parent’s role in the child’s life. Are they willing to terminate their parental rights, or does the court have grounds to remove them? 

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 Posted on May 19, 2025 in Powers of Attorney

A surprising number of people do not have an estate plan in place, which means that they have not outlined what will happen to their assets should they die or become incapacitated. A power of attorney (POA) document ensures that someone is there to manage your affairs when you are not in a position to do so for yourself. If you have questions about building an estate plan and drafting a power of attorney document, a Wheaton, IL estate planning lawyer can help.

Definition of Power of Attorney in Illinois

Illinois defines a power of attorney as a legal document that allows you, the principal, to designate another person to make decisions on your behalf. The selected individual is called the agent or attorney-in-fact, and the decisions typically regard finances and health care. POAs can be specific or broad, limiting the agent's responsibilities to a set of tasks or granting them a wide range of power. In Illinois, there are several types of POAs, but the two most commonly included in an estate plan are financial POAs and health care POAs.

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