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Recent Blog Posts

Understanding Civil Unions in Illinois

 Posted on October 19, 2023 in Family Law Blog

Wheaton Family Law AttorneyCivil unions in Illinois provide legal recognition and protection for same-sex couples, affording them many of the same rights and benefits of married couples. If you are interested in entering a civil union in Illinois, you are best off contacting an Illinois family lawyer. Your lawyer will ensure you know everything you need to before pursuing a civil union. They will also make certain you understand your rights as you begin this new and exciting era in your life. 

Legal Recognition

Civil unions in Illinois are legally recognized relationships that provide same-sex couples with many of the same rights and responsibilities as marriage. This recognition extends to various aspects of life, including healthcare, inheritance, property, and parenting.

Healthcare Decision-Making

One of the significant benefits of civil unions in Illinois is the ability for partners to make healthcare decisions for each other. This includes the right to visit a partner in the hospital, provide consent for medical procedures, and access to medical information. Civil unions ensure that couples have the same rights as married couples when it comes to healthcare decision-making.

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How Can I Protect My Parental Rights as a Father in Illinois?

 Posted on October 17, 2023 in Family Law Blog

Lombard Divorce AttorneyAt one time, when a couple got a divorce, it was assumed that the mother would receive most parental responsibilities. Each state has the authority to decide on its relevant laws but one thing is for sure: it is no longer assumed that a mother will automatically win more benefits and power than a father in a divorce proceeding. There are many factors taken into account and the court decides on a case-by-case basis. If you are a father and are concerned that your spouse might be granted most if not all of the parental responsibilities over your child in a divorce settlement, an experienced Lombard, IL divorce attorney can answer your questions about this sensitive issue. 

Issues of Child Custody Have Evolved Over Time

It wasn’t that long ago that American society in general maintained some outdated ideas of how children should be raised. Fathers were generally expected to go out, develop a career, and earn money, and therefore not need to have many responsibilities once they came home after a long day of work. Mothers were generally expected to stay home, put their careers to the side, and manage all the family and household needs, and therefore they were considered deserving of an equal share of the marital income without working. 

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What Is a Postnuptial Agreement?

 Posted on October 05, 2023 in Family Law Blog

Wheaton Divorce LawyerA lot of people are familiar with the term “prenuptial agreement,” but not as many have heard of a postnuptial agreement. This is an important agreement a couple might draw up once they’re already married if they never got a prenuptial agreement and later understand it might have been wise for them to do so. If you are married and never had a prenuptial agreement, a Lombard, IL family law attorney can explain what is involved in drafting a postnuptial agreement.

How Does a Postnuptial Agreement Work?

In short, it works the same way a prenup does. A prenuptial agreement usually includes details that will help:

  • Protect any inheritance either spouse may have received, whether this is in the form of investments, money, or property. The clause will ensure that the inheritance remains the exclusive property of the spouse who inherited it, even after the two spouses are married

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How Can a Lawyer Help Me in a Contested Documents Case?

 Posted on September 28, 2023 in Estate Planning Blog

Lombard, IL estate planning dispute attorneyWhen facing a contested documents case, it is crucial to seek the assistance of a lawyer who can provide valuable guidance and support throughout the legal process. Any time contested documents are an issue in estate planning, the situation can be very stressful. By hiring an attorney to assist you, you provide yourself with the legal protection to feel more confident and protected as you look to sort through your contested documents case. 

Here is What You Need to Know

First and foremost, a lawyer can offer their knowledge of the law. They will assess the details of your contested documents case, analyze the contested documents, and provide you with a clear understanding of your legal rights and options. With their extensive experience, they can guide you in making informed decisions and help you develop a strong legal strategy. For example, if the will is being contested because someone is claiming the mental capacity of the testator was compromised, regardless of what side of the issue you are on, your attorney can help you make decisions that serve your best interests and legal goals. 

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What Is a Guardian ad Litem in an Illinois Divorce?

 Posted on September 21, 2023 in Children

Untitled---2023-09-21T135752.275.jpgEvery divorce is unique and comes with its own issues that need to be resolved in a settlement. But generally speaking, when parents are getting divorced, child custody issues can be the most difficult to resolve. When people want to get divorced, it can be very hard for them to put arguments aside and form a plan to raise their children together. With parents worrying about what they want out of their divorce settlement, they can often lose sight of their children’s best interests.

When parents cannot agree on how to divide their parental responsibilities in divorce, the court can appoint a guardian ad litem, or GAL. This person is a legal representative whose main goal is to advocate for the child. If you are moving towards an acrimonious divorce, you might worry that your spouse will fight you on every aspect of the settlement. An experienced Lombard, IL child custody lawyer can advocate passionately for an optimal arrangement for you and your children.

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Three Ways a Special Needs Trust May Benefit Your Family

 Posted on September 11, 2023 in Estate Planning

IL estate planning lawyerCaring for a loved one with special needs requires careful financial and estate planning. Special needs trust is one powerful tool that can provide peace of mind for families. This legal arrangement helps protect the financial security of individuals with disabilities, ensuring they receive the necessary support while preserving eligibility for government assistance programs. If you have a family member with special needs and are looking to protect their financial future, contact an estate planning attorney to begin the process of setting up a special needs trust. 

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Making Sense of Child Custody Terminology

 Posted on September 07, 2023 in Child Custody

 

Lombard, IL child custody lawyerDivorce is not something most people think about every day. When a baby is born, the parents generally do not think about how they would continue to care for her if they were to get divorced. In a prenuptial agreement, a couple can make a plan for how they might divide their assets if they end up divorcing later on. But there is no parallel document to plan future custody in the event of a future divorce. 

That is why the words describing this topic are not necessarily familiar to everyone. If you are a parent considering a divorce and are trying to make sense of all the custody possibilities, a Lombard, IL attorney can help guide you through the entire process.

What is a Parenting Plan?

Commonly known as a custody agreement, a parenting plan is an outline for divorcing parents that gives details about how they will split up their time with and responsibilities for their children. It shows who is allowed to make important decisions for their children in various situations, including times where there might be some decisions that need to be made by both parents. 

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What Are the Key Aspects of a Power of Attorney in Illinois?

 Posted on August 30, 2023 in Estate Planning Blog

Wheaton Estate Planning LawyerSometimes, we face illnesses or disabilities that limit us from making important decisions. But before that happens, you can appoint an individual to handle your crucial choices. As the subject of this arrangement, you are the principal, while the person you select is the agent with power of attorney. There are several types of POA and each includes an in-depth process to ensure the principal's assets and interests are upheld. An attorney can help you understand all these details to reduce risks and ensure that the document remains in your best interest while following the state laws of Illinois.

What Are the Different Types of Power of Attorney?

The principal must determine which type of POA best meets their requirements. Here are a few different powers of attorney that Illinois accepts:

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Should I Use a Will and a Trust?

 Posted on August 23, 2023 in Family Law Blog

Wheaton Estate Planning LawyerWhen you are gone, you want to ensure that your assets are distributed based on your wishes. Wills and trusts work as crucial estate planning documents for this. While both have the same goal, they differ in many ways. Illinois residents should be aware of these distinctions while making estate planning decisions.

How Are Wills and Trusts Used in Illinois?

A will details the distribution of your property based on your wishes after you pass away. These legal documents also can appoint an executor. An executor controls how your assets are distributed and ensures your intentions are carried out. Some wills also specify guardianship if children are in the picture. 

It requires a signature, witnesses, and the proper legal process. The will also must be filed with the probate court. Once the will is stated, it is publicly available for execution and resolving disputes in the future.

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Mediation vs. Litigation, Which is the Right Choice for Your Divorce?

 Posted on August 16, 2023 in Family Law Blog

Wheaton Divorce AttorneyDivorce is one of the most challenging life events an individual and family can experience. Each spouse must determine how to best handle the dissolution of their marriage. Two primary routes for resolving divorce are mediation and litigation. Knowing the difference between both approaches can empower both parties to protect themselves emotionally and financially.

Why Is Mediation Preferred Over Litigation?

Mediation offers a less combative and more cooperative approach to divorce. A neutral third party, known as a mediator, facilitates discussions between the spouses. The focus is on open communication, cooperation, and finding acceptable solutions. Mediation is beneficial when both parties are willing to work together. 

One of the key advantages of mediation is the control it gives to the divorcing couple. Each spouse can create their own personalized agreement instead of a judge. Together they can handle issues such as: 

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