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Divorcing in Illinois When You Have a Disabled Adult Child
Everyone knows that child custody is a standard part of divorce for couples with small children. However, what happens when you have a disabled adult child with a disability who relies on you both for financial support and care in Illinois? If either of you or both of you have established guardianship, you likely have questions about what will happen to that guardianship when you divorce. If you have not yet established guardianship, now may be the time to consider it, and a DuPage County, IL guardianship attorney can help.
What Goes Into Caring for an Adult Child After an Illinois Divorce?
The first consideration for a disabled adult whose parents are divorcing is to develop a care plan. No one knows your child better than you, and you can best decide how to meet their needs when your daily lives are changing. Some elements to consider when creating a care plan include:
Should Singles Consider Estate Planning?
When most people think about estate planning, they picture a married couple planning to leave inheritances behind for their children. But estate planning is just as important—maybe even more important—for people who are single. Just because you are not married and do not have children does not mean you do not have people and things you care about. You have a right to decide what will happen to your money, your property, and your health if something unexpected happens to you. When you have not left any instructions for how your property should be handled, laws go into effect that dictate what will happen regardless of what your wishes may have been. To learn more about how estate planning works for single people, speak with an experienced Illinois estate planning lawyer.
Why Is Estate Planning Important for Single People?
If you are single and you do not have a plan in place, your property will be handled according to Illinois law when you pass away. Certain family relationships that are automatically granted a relative’s assets if they pass away intestate, meaning they have no will or other form of expressing how they want their estate distributed after their death. That might mean your things go to some family members you are not close with and it could also mean that some people you care about get nothing at all.
Can My Child Choose Which Parent to Live With in Illinois?
In Illinois, child custody decisions are guided by one primary principle: the best interests of the child. Many parents going through a divorce or separation wonder whether their child can choose which parent to live with. While the child's preferences may be considered by the court, they are not the deciding factor.
Understanding how Illinois courts weigh a child’s wishes can help parents better prepare for the custody process. A qualified Illinois family law attorney with experience helping children and parents navigate these decisions can explain more about the type of custody arrangement your family might benefit from.
How Do Courts Consider a Child’s Preference?
Illinois law no longer uses the terms "custody" and "visitation." Instead, it refers to "parental responsibilities" and "parenting time." As part of this broader shift, the law considers several factors when deciding how parental responsibilities are divided among parents. These include the child's needs, each parent’s ability to meet those needs, and yes—sometimes—the child’s own preferences.
What Happens to Your Debts When You Pass Away in Illinois?
When someone passes away, it is natural for their loved ones to think about the emotional and financial challenges that may follow. One of the most important things to consider is what will happen to any debts the person leaves behind. In Illinois, as in many other states, debts do not disappear when someone dies. Instead, the deceased person’s estate is responsible for paying those debts before any assets are distributed to heirs.
Understanding how debts are handled can help families make informed decisions during the estate planning process. An experienced Wheaton, IL estate planning lawyer can review your options for addressing your debt after you pass away.
How Is a Deceased Person’s Debt Handled?
In Illinois, when someone passes away, their estate—consisting of all their assets, like property, savings, and investments—is responsible for paying off any outstanding debts. These debts can include things like mortgages, credit card balances, medical bills, and car loans. The responsibility to pay off debts does not automatically fall to the family or the person’s heirs unless they are co-signers on loans or have a legal obligation to pay.
How Does Divorce Affect Medicaid Eligibility in Illinois?
Divorce can have significant financial implications, and one area that may be affected is eligibility for Medicaid, the joint federal and state program that provides health coverage to low-income individuals and families. In Illinois, the program offers healthcare assistance to people who meet certain income and asset requirements.
During divorce, several factors, such as asset division and changes in income, can influence someone’s ability to maintain eligibility for Medicaid. Understanding how divorce impacts Medicaid eligibility is crucial for those navigating this process. If you are facing a divorce, speak with a knowledgeable Illinois family law attorney to understand how to protect your rights.
What Factors Affect Medicaid Eligibility After Divorce?
Several aspects of a divorce can influence a person’s eligibility for Medicaid in Illinois:
How Can I Finance My Illinois Divorce as a Stay-at-Home Parent?
Divorce can be financially challenging, especially for people who have dedicated themselves to caring for their household and children rather than earning an income. If you are a stay-at-home parent facing divorce, it is important to understand what the legal costs might be and how to manage them. A knowledgeable Illinois family law attorney with experience working with clients in similar situations can answer your questions and help you set realistic expectations.
How Much Does Divorce Cost in Illinois?
The cost of a divorce can vary widely depending on several factors such as the complexity of the case, whether it is contested, and the level of conflict involved. Typical expenses include attorney fees, court filing fees, mediation costs, and fees for financial or child custody experts. Attorney fees are often the most significant expense, with hourly rates varying significantly by region and the complexity of the case.
Do I Need a Payable-on-Death Account in My Illinois Estate Plan?
When you are ready to work on your estate plan, you might discover many options you never heard of before. Wills and trusts are important features that many people are aware of, but there are other ways you can plan for the future that might be relevant to you as well. One aspect of some Illinois estate plans that is less commonly known is called a payable-on-death (POD) account.
This valuable tool allows you to transfer assets directly to named beneficiaries without going through probate. POD accounts can simplify the transfer of certain assets, and a qualified Illinois estate planning lawyer can explain their benefits, limitations, and potential impact on your broader estate plan.
What Is a Payable-on-Death Account?
A payable-on-death POD account is a financial account that allows the account holder to designate one or more beneficiaries who will receive the funds in that account when the holder dies. POD accounts can be checking, savings, or certificate of deposit (CD) accounts. The named beneficiary has no access to or control over the account until the holder’s death.
How Are Social Security Benefits Impacted by Gray 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:
What Can Make My Handwritten Will Valid in Illinois?
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:
Why Should My Parenting Time Consider My Children’s Ages?
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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