Posted on February 11, 2025 in Divorce

For some people, just the thought of the financial implications of a divorce is enough to make them settle for staying unhappily married. The idea of needing to divide all your joint assets and debts, in addition to making regular payments for child support and alimony, can seem overwhelming. But like any other area of life, knowledge is power, and understanding how you can have a say in these payments can help you feel more in control.

In fact, even payments that you are ordered by the court to make can be modified under certain circumstances, so an alimony order is not a life sentence. A qualified Illinois divorce lawyer can explain how alimony is calculated and when you might be able to seek modification.

When Can Alimony Be Modified or Terminated?

In Illinois, alimony is officially called spousal maintenance. It is meant to provide financial support to a former spouse who is unable to cover their expenses and not yet financially independent. However, there are also certain circumstances under which these payments can be modified or terminated.

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 Posted on February 05, 2025 in Estate Planning

Whenever someone dies without leaving behind an enforceable will, intestacy laws apply to anything in their estate. Leaving inheritance and other matters up for the state to decide often has unintended consequences, delays, and disadvantages for surviving family members. There are several ways a valid will can prevent that from happening. A knowledgeable Illinois estate planning lawyer can explain the drawbacks of intestacy laws and help you draft a will you can be comfortable with.

Reason #1: Decision-Making

Who Gets Your Assets?

If you die without leaving a valid will, you are not voicing your wishes for how your assets should be divided. The power to make those decisions is transferred to the state.

The Illinois Probate Act has guidelines for such situations: if you have a spouse and children when you die, assets are split equally among them, with your spouse receiving one half and the other half divided by any children; if you do not have a wife or children, your assets might go to your parents, siblings, or even more distant relatives, depending on your specific situation; if the state cannot locate any eligible heirs, your estate could go through the escheat process and be claimed by the state of Illinois.

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 Posted on January 30, 2025 in Child Custody

There is no question that we are living in a technological revolution, with new apps popping up every day to address challenges and help make our daily routines run smoother. It is natural for many people to fear change and be slow to adapt, but some of these apps have managed to streamline parts of life that were previously the sources of stress and tension. One surprising area where technology has developed to meet modern needs is co-parenting for divorced parents.

Ex-spouses often need to engage in a great deal of communication and coordination when they have children. With so much to juggle, including custody schedules, school events, and medical appointments, co-parenting apps are meant to help parents stay on top of everything they need to do and know. While many have advantages and disadvantages alike, a knowledgeable Illinois divorce lawyer can help you understand whether they might be a good fit for you and your ex.

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 Posted on January 28, 2025 in Family Law

One of the aspects of divorce that many parents feel particularly stressed about is child support. People tend to worry about how expensive divorce will be, and parents who need to pay child support can feel overwhelmed about how long this arrangement will factor into their personal finances. Illinois has laws and guidelines that dictate how much support you need to pay and for how long, and a knowledgeable Illinois family law attorney can help you understand them so you can plan for your financial future.

How Long Does Child Support Last?

The general rule of thumb in Illinois is that Child support continues until the child turns 18. Of course, as with all court-mandated issues related to children, your specific arrangement will be determined based on your child’s needs, and that means there can be exceptions to the rule.

For example, if the child has her 18th birthday when she is still in high school, child support payments typically continue until she either graduates or turns 19. Additionally, parents generally need to pay child support indefinitely for children with disabilities who cannot support themselves financially.

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 Posted on January 22, 2025 in Estate Planning

Health care directives and living wills are two important documents that address health care decisions. However, they serve distinct purposes and play different roles in an estate plan. If you are considering how you would like to plan for the future, speak with a knowledgeable Illinois estate planning lawyer about how these differ and why you may want to consider both.

What is a Health Care Directive?

A health care directive is the general term for any legal document that includes instructions for your medical care and typically includes several aspects. You can designate a health care agent or proxy who can make decisions for you if you become incapacitated  - whether permanently or temporarily - and cannot make or communicate the decisions for yourself. This is someone you need to trust will make choices about medical care based on your preferences, and can advocate for you in end-of-life situations.

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 Posted on January 22, 2025 in Family Law

Surrogacy is an excellent option for some parents who are unable to conceive a child on their own, and parents and surrogates often find it to be a moving and rewarding experience. However, pregnancy and childbirth, in general, are highly emotional situations, and surrogacy can be complicated to navigate emotionally. One of the biggest concerns that couples entering into a surrogacy arrangement are often worried about is whether the surrogate decides that she wants to keep the baby for herself. If a surrogate has second thoughts during the pregnancy, it can feel like an insurmountable challenge to overcome.

Surrogacy agreements are meant to be quite specific to address any future complications that could arise between the intended parents and a surrogate. Additionally, Illinois has well-defined but complex surrogacy laws, so if you have questions about these challenges before or during your surrogacy, speak with a qualified Illinois family law attorney who can explain the legal rights and responsibilities of everyone involved.

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 Posted on January 15, 2025 in Family Law

One of the biggest concerns for parents going through a divorce is how they will continue raising their children when they are no longer married to each other. It can be extremely difficult and stressful for parents to decide what type of custody arrangement works for them. As with all decisions that impact a child, several factors are considered but the highest priority is on what would be in the child’s best interest.

What happens when the child expresses a strong preference? Will the court rule based on what the child wants? To understand how much influence your child can have on your custody arrangement, speak with a qualified Illinois family law attorney.

How Is the Child’s Best Interest Determined?

Illinois courts make custody-related decisions based on what they find to be in the child’s best interests. To determine this, the judge considers several factors, including:

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 Posted on January 14, 2025 in Family Law

Mediation is a powerful tool in family law cases because it offers a more collaborative approach to resolving disputes. When family members come from diverse cultural backgrounds, mediation can be especially beneficial. Cultural sensitivity in mediation helps both parties feel heard and respected throughout the process, which can make a big difference when resolving child custody, visitation, spousal support, and other matters that have the potential to make divorce more challenging than necessary. A skilled and experienced Schaumburg, IL family law attorney can answer your questions and help you understand whether mediation is the right step for you.

How Can Mediation Encourage an Atmosphere of Cultural Sensitivity?

Many communities throughout Illinois have members with diverse cultural backgrounds. The communication style and conflict resolution methods of many families are often shaped by their respective traditions. Some spouses in divorce mediation can offend and alienate each other without meaning to if the atmosphere they are in does not encourage cultural sensitivity.

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 Posted on January 13, 2025 in Family Law

When a parent in a blended family adopts her spouse’s biological child, the child becomes legally hers, and their relationship is recognized by the courts as the same as that of a biological child-parent relationship. Stepchild adoption can be a wonderful way to give a child a strong sense of security, establish your legal rights, and forge a strong family bond.

What happens to that adoption if the adoptive parent and the biological parent get divorced? Does the adoptive step-parent have any less claim to a child than the biological parent after divorce? To learn more, read on and then contact a qualified Illinois family law attorney.

Legal Adoption Status

Whenever an adoption is finalized, the adopted child and adoptive parent have the same legal status as a biological child and parent. If the parents get divorced, it does not change the adoptive parent’s legal parental relationship with the child. Unless the court decides otherwise, the adoptive parent still has the same parental rights and responsibilities as before the divorce.

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 Posted on January 08, 2025 in Wills and Trusts

The most common topic in estate planning that most people have heard about is a will. While wills are important tools that can help you make sure your assets are handled according to your wishes after you pass, they are not the only option to consider when planning for the future.

Some people examining their estate planning needs find that a revocable living trust is a great way to manage their estate while also helping their loved ones avoid some common challenges. To learn more, speak with a qualified DuPage County, IL estate planning lawyer who can explain your options and help you make informed decisions.

What is a Revocable Living Trust?

A revocable living trust is an arrangement that establishes a trust and allows you to place whatever assets you want inside it in your lifetime. These assets can be bank accounts, investments, real estate, or anything else of value.

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