Posted on March 14, 2025 in Divorce

Gray divorce – the term describing divorce that happens later in life – presents unique financial challenges, including how to address Social Security benefits. Divorce can affect Social Security income for older adults in Illinois and it is crucial to understand your options for protecting your financial future. An experienced Illinois divorce lawyer who has guided older clients through this process can help ensure you receive the benefits you are entitled to.

What to Know About Social Security Benefits After Divorce

Social Security benefits are governed by federal law, so the rules are the same across all states, including Illinois. However, it can still be challenging to navigate these rules during a divorce. Here is what you need to know:

Eligibility for Spousal Benefits

If you were married for at least 10 years, you may be eligible to claim Social Security spousal benefits based on your ex-spouse’s work record. This applies even after divorce. To claim these benefits, you need to be unmarried. You also need to be at least 62 years old and your ex-spouse also needs to be eligible, even if he or she does not need to actively claim them yet.

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 Posted on March 12, 2025 in Family Law

Illinois recognizes the important role that grandparents can play in their grandchildren's lives. However, when something like divorce, estrangement, or the death of a parent happens, grandparents might notice they are prevented from seeing their grandchildren. Illinois law does provide ways for grandparents to petition for visitation rights, but only under specific circumstances. A qualified Illinois family law attorney can explain the legal process so you understand how to navigate this challenging situation.

When Can Grandparents Seek Visitation Rights?

Grandparents in Illinois cannot automatically demand visitation rights. Instead, they must demonstrate why certain conditions make visitation necessary. Under the Illinois Marriage and Dissolution of Marriage Act, grandparents can petition the court for visitation under one of the following conditions:

• One parent has died or been missing for at least 90 days.

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 Posted on March 12, 2025 in Divorce

Many people are aware that couples need to divide their property and other assets and resolve questions about child support and spousal support when going through a divorce. However, when mentally preparing for the financial impact of divorce, a lot of people do not realize that debt amassed during a marriage also needs to be divided among the spouses. Understanding how Illinois law handles debt division can help divorcing individuals protect their financial interests. An experienced Schaumburg, IL divorce lawyer can explain what is involved and help you set realistic expectations.

How Does Equitable Distribution Impact Debt Division?

Illinois follows an "equitable distribution" model for dividing a marital estate during a divorce, meaning that all marital assets and debts are not necessarily divided equally but instead, in a way the court deems fair. In deciding what is fair for any given couple, the court needs to consider several factors, including how long the couple was married, each spouse’s financial status and future earning capacity, and more. Depending on the circumstances, one higher-earning spouse might be ordered to take on a significantly larger portion of the couple’s debts.

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 Posted on March 06, 2025 in Estate Planning

Many of us have seen someone on TV or in a movie scrawling their last will and testament on a bar napkin. But would something like that actually hold up in court?

In Illinois, there are specific requirements for a will to be considered valid. If you have found yourself scribbling instructions for the future and you are not sure whether that means you have left clear instructions, a qualified Illinois estate planning lawyer can help you ensure that your final wishes are honored.

Are Handwritten Wills Valid in Illinois?

In Illinois, handwritten wills, officially known as holographic wills, are only legally recognized if they meet the state’s strict standard will requirements for a valid will under state law. According to the Illinois Probate Act, a will can only be legally valid if:

• It is in writing (can be handwritten or typed)

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 Posted on February 27, 2025 in Family Law

When parents divorce in Illinois, they must file a parenting plan with the court. This comprehensive legal document outlines parental responsibilities, a parenting time schedule, and several other guidelines that address your children’s needs and best interests. Customizing your parenting time schedule is very important.

Some lawyers do not take the time to understand your family’s dynamic, preferring to use generic parenting time arrangements. Our skilled Lombard, IL parenting time attorneys always tailor your plans to meet your and your children’s needs.

Why Do I Need a Custom Parenting Time Schedule?

Whether you have one shared child or several, each is unique. Your parenting time schedule should reflect their individual needs. If there is a significant difference in your children’s ages or if one of them has special needs, you may want to consider setting a different schedule for each child because:

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 Posted on February 25, 2025 in Family Law

Babies can be born in so many ways in 2025. Thanks to science and medicine, if people are unable to conceive naturally, they have a variety of options available. One of those options is using a sperm donor to help a woman get pregnant. However, if you are considering doing so to start a family, you might be wondering whether the donor could have any legal rights to your child. While the law is clear in many cases, there are some important factors to consider. To learn more, speak with a qualified Illinois family law attorney.

What Does Illinois Law Say About Sperm Donor Rights?

According to the Illinois Parentage Act, sperm donors typically have no legal claim to parental rights to a child born from their donation. The law lists specific situations in which this is the case. For example, if the sperm donation was made through a licensed medical professional entity, such as a fertility clinic, and the donor signed an agreement waiving any parental rights, the donor will not be considered a legal parent. Therefore, the sperm donor will not have any parental responsibilities or visitation rights.

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 Posted on February 20, 2025 in Estate Planning

Drafting your estate plan can be difficult for many reasons. It can take an emotional toll as it is natural for people not to want to dwell on their death or a hypothetical situation when they become incapacitated. It can also be challenging to sort through everything you own and decide what should go where after you are gone.

However, many people overcome their apprehension and manage to create a clear estate plan because the benefits cannot be denied. If you have children or loved ones, having all your wishes and instructions in an orderly manner can make everything go much smoother. They also have the peace of mind that comes from knowing they are doing what you would have wanted without needing to guess, argue, and stress over it. A comprehensive estate plan addresses every question that could arise. While many people know about wills and trusts, there are many aspects of estate planning that often go overlooked. To ensure that your estate plan is comprehensive, speak with a skilled Illinois estate planning attorney.

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 Posted on February 19, 2025 in Divorce

It is a big deal to decide that you are ready for a divorce. If you have made that decision and even spoke to your husband about it but he ends up in jail, it can feel like any possible progress is grinding to a halt. The truth is that although getting a divorce while he is incarcerated might include some challenges and extra steps along the way, it is certainly possible. A knowledgeable Illinois divorce lawyer can help you understand more about your options and what you can expect.

How Do You Divorce an Incarcerated Spouse?

The divorce process includes the same steps regardless of whether your spouse is in jail when you are ready to begin.

Step 1: File a Petition for Dissolution of Marriage

You need to file your divorce papers with your local court. Once you do so, your divorce process has officially begun.

Step 2: Serve Your Spouse with the Divorce Papers

Your husband has the right to be notified of the divorce, just as he would if he was not in jail. You can accomplish this by having a sheriff or process server deliver the papers to the correctional facility where he is being detained.

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 Posted on February 13, 2025 in Family Law

Divorce for parents can be a complicated emotional process to go through. It can be hard to filter out information for your children so they understand the facts of what is happening without feeling the need to take sides. Unfortunately, some parents can be vindictive during their divorce and purposely turn their child against the other parent. Illinois courts take this very seriously, even going so far as to consider it a form of child abuse. If you think you might be a victim of parental alienation, speak with a seasoned Illinois family law attorney who can explain how these concerns can be addressed legally.

How Can I Identify Parental Alienation?

Parental alienation can be hard to identify, especially if your children are angry that you are getting a divorce and might be acting out anyway. However, parental alienation can be particularly harmful to a child’s emotional well-being so it is important to look out for some common signs that it is happening.

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 Posted on February 12, 2025 in Family Law

People do not generally think about creating a family immediately with someone they go on a first date with, but for parents, dating can be different. As a single parent, when you begin dating someone seriously, you likely hope your child and your significant other get along. And as someone without children, dating a parent can feel like an added layer of pressure, beyond just wanting the child to like you.

Some lucky couples manage to achieve the best-case scenario where the child and the parent’s significant other develop a loving relationship. If the couple gets married, the new spouse can be called a stepparent, but if the child’s other biological parent is still in the picture, this parental role is not officially recognized by law. To understand more about the stepparent-stepchild relationship when the child has two biological parents, speak with a compassionate Illinois family law attorney.

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