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.

Continue Reading ››

 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:

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 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.

Continue Reading ››

 Posted on December 31, 2024 in Divorce

When a marriage in Illinois seems to be ending, couples can face a difficult decision: should they get a divorce or a legal separation? Both options are ways to end the relationship, but there are several key differences. To understand these differences and how they affect finances, property, custody arrangements, and more, speak with an experienced and knowledgeable DuPage County, IL family law attorney.

What Happens in a Divorce?

divorce is the legal process a couple goes through to end their marriage. The court legally dissolves the marriage and the couple is no longer legally married. Part of the process involves the division of marital property, determinations about spousal support (alimony), and decisions about child custody and child support issues. Once a divorce is finalized, both former spouses are free to marry again.

What Happens in a Legal Separation?

Legal separation does not end the marriage. A legally separated couple is still married, but the spouses live apart. Legal separation is similar to divorce because the court can order the division of property, child custody arrangements, and spousal support. However, the couple is still legally married. The spouses cannot remarry unless they go through a divorce first.

Continue Reading ››

 Posted on December 26, 2024 in Family Law

Divorce can be complicated even when it is a straightforward case, but it can become even more challenging to navigate when frozen embryos are involved. Couples going through a divorce who have undergone fertility treatments have the added stress of deciding what will happen to their embryos. Are they treated as children? Might they be considered property? 

Illinois law offers some guidelines, but each case is unique, and respective outcomes can depend on specific circumstances. If you are considering divorce and confused about what might happen to your frozen embryos, speak with a skilled Arlington Heights, IL family law attorney for guidance.

What Are Frozen Embryos?

Couples facing fertility issues have the option of undergoing in-vitro fertilization (IVF). During this process, they can fertilize eggs and then freeze the resulting embryos for the future when they want to have children. If the couple does not use the frozen embryos, they can be donated for research or discarded.

Continue Reading ››

 Posted on December 20, 2024 in Estate Planning

When someone passes away, anything they own can be passed down to heirs of their choosing. Their real estate, stocks, or other investments can all be included as part of an inheritance. While it is wonderful to leave assets behind for others, beneficiaries are sometimes left with a significant tax burden as a result.

The "step-up in basis" rule aims to help heirs so that they are not punished for being left with assets and property when a loved one passes away. It can make a big difference in estate planning, especially when families own homes, farms, or other valuable assets. To learn more about how the step-up in basis rule might apply to your situation, speak with a qualified Lombard, IL estate planning attorney.

What is "Basis" in Estate Planning?

To understand the step-up in basis rule, you first need to know what "basis" means. The basis is the original cost of a property or asset, including any improvements that have been made since it was purchased. For example, if you bought a house for $100,000 and later spent $50,000 on renovations, your basis in that house is $150,000. If you sell the house, you will owe taxes on the profit above the basis. If the house later sells for $300,000, the profit – or "capital gain" – is calculated based on the value you put into the house ($100,000 to buy it + $50,000 to renovate it = $150,000). The capital gain would be $150,000, and that is the amount subject to taxes.

Continue Reading ››

 Posted on December 18, 2024 in Divorce

So you finally made the decision to get a divorce. While that is certainly a big deal on its own, it also means that you need to begin thinking about the practical side of actually making it happen. Meeting a divorce lawyer for the first time can feel overwhelming, but with the right preparation, you can make the most of your appointment. A good lawyer will help you understand your options and guide you through the divorce process. For more tailored advice, speak with an experienced Illinois divorce lawyer.

What to Prepare Before Meeting with a Divorce Lawyer

This meeting is an important opportunity to let someone with legal knowledge and experience review the specifics of your case and build a plan to protect your rights and interests. The lawyer will want to go over your finances and goals, and if you do not come prepared, it might feel like a waste of time. Before your first meeting, it is best to prepare the following:

Continue Reading ››

 Posted on December 17, 2024 in Divorce

Alimony, which is officially known in Illinois as spousal support or spousal maintenance, is a payment that one spouse makes to the other after they separate or get a divorce. These payments are meant to ensure that the lower-earning or non-earning spouse can maintain a standard of living similar to what they had during the marriage.

Spousal maintenance is not automatically awarded and so it is not a given aspect of all divorces. Even if it is granted, the amount of money one spouse pays the other is determined by several factors, including each of the spouses’ employment status. A knowledgeable Illinois family law attorney can review your financial information and explain how you and your spouse’s employment can impact your alimony arrangements.

Employment Status of Receiving Spouse

A spouse who is unemployed or earns significantly less than the other spouse is more likely to receive spousal maintenance. This is because the court recognizes the challenges someone can face when forced into financial independence right after a divorce, especially if they sacrificed their career to support the family or care for children during the marriage. In such cases, spousal maintenance provides temporary financial assistance while the receiving spouse works toward becoming self-sufficient, for example, by finding a job or completing additional education or training.

Continue Reading ››