Posted on November 03, 2022 in Estate Planning

It is important for everyone to have a last will and testament. A will allows you to determine exactly how your assets are distributed to loved ones after you pass away. Furthermore, having your wishes established in writing prevents family members and other loved ones from having to guess how you would want asset distribution handled.

Unfortunately, even the most detailed will cannot completely eliminate the chances of someone being upset regarding the will’s directives. Family members may feel that they were given an unfair share of your estate or otherwise disagree with the decisions you have made. They may contest the will in court, claiming that the will is not valid and should be thrown out.

If you are worried about people contesting your will after your death, one option you have in Illinois is a “no contest” clause.

Using a No-Contest Clause to Discourage Challenges to the Will

Continue Reading ››

 Posted on October 28, 2022 in Divorce / Family Law

Almost no parent wants to be involved in a contested child custody case. When a case involving parenting time arrangements and the allocation of parental responsibilities must be decided by the court, rather than the parents, it is quite normal for the parents to feel nervous. The outcome of a child custody case is not always predictable. You may feel as if you have been left in a state of limbo, uncertain as to how your relationship with your child will continue in the future.

If you learn that a guardian ad litem has been appointed to your case, you may not be certain exactly what a guardian ad litem does, or how the presence of one may affect your case. Fortunately, you can rest assured that bringing in a guardian ad litem is a very normal part of a child custody dispute. The role of the guardian ad litem is simply to conduct an independent investigation into what type of arrangement is likely to be in the child’s best interests and to report the results to the court and the parties. If you are involved in disputed custody proceedings, it is critical that you have strong legal representation.

Continue Reading ››

 Posted on October 18, 2022 in Divorce / Family Law

Historically, a spouse who does not work for pay or earns relatively little would face significant barriers when seeking a divorce. Up until the relatively recent past, women were likely to be financially dependent on their husbands and would have faced intense hardship in trying to leave a marriage. Now, while either or both spouses may enjoy a career, many families still divide household duties so that one party may primarily focus on domestic labor while the other works for pay. It can still be challenging for the party who earns less income to leave. Not many largely dependent spouses have sufficient funds to move out of the marital home and begin a new life without needing some form of spousal or child support from their spouse - before the divorce is finalized. In Illinois, temporary support can be ordered during a divorce in many cases where it is needed. If you are interested in pursuing a divorce but would need assistance while the divorce is in progress, an attorney may be able to help.

Continue Reading ››

 Posted on September 21, 2022 in Divorce / Family Law

 Adopting a child can be a joyous occasion for families who have been pursuing parenthood for extended periods of time. However, some adoptions occur because they are necessary rather than a long-pursued outcome. Other types of adoptions are nontraditional, allowing a child’s birth parents continued contact. There are multiple paths to parenthood in Kane County. Each prospective adopter must carefully consider how each type of adoption may suit their lifestyle and plans for the future. If you are considering adopting a child, it is important to carefully consider each type of adoption in order to assess what is right for you and your existing family. Adopting is not designed to be an expedient and inexpensive process, but rather, to ensure that children eligible for adoption will be placed in suitable homes. Before you initiate the adoption process, it may be wise to speak with an attorney.

Different Types of Adoption for Different Family Needs

Continue Reading ››

 Posted on September 08, 2022 in Estate Planning

Generally, leaving behind no will (intestacy) is a poor idea. Even if the people who ultimately inherit from you under intestacy law are the people you would have wanted to inherit from you, not having a will or a trust that controls your estate property is going to make things more difficult for them. It is not easy to pass an intestate estate through the probate courts. There is a high level of court supervision involved in this process, and this can slow things down significantly. It could take a year or more in some cases before your surviving family members can claim anything that belonged solely to you. Intestacy is meant to be the “default” estate plan. It is designed to match what the state thinks you probably would have wanted but is rife with imperfections. If you do not already have an estate plan, the time to speak to an attorney is now.

Understanding Illinois Intestacy Code

Continue Reading ››

 Posted on August 25, 2022 in Divorce / Family Law

No one wants to be involved in a disputed child custody case. If you are at the point where you are asking a court to decide on custody issues, you are likely in one of two situations. Either you have tried everything to work out an agreeable custody schedule with the other parent and were unable to do so, or you believe the children would be in danger if left alone with the other parent. Neither situation is enviable in the slightest. You should know that in most cases, Illinois courts favor a joint custody arrangement, but there are exceptions. Understanding how the court will go about making this decision can help you be prepared for the hearings to follow. With so much at stake, you need to be represented by an experienced child custody attorney.

Factors in Deciding Parenting Time Arrangements

The deciding factor in a child custody case is always the best interests of the children. Illinois courts entire mission is to decide what type of parenting time schedule will best serve the emotional, physical, and social needs of the children involved. Factors the court will consider include: 

Continue Reading ››

 Posted on August 11, 2022 in Divorce / Family Law

It is not uncommon at all for one spouse to seek a protection order during a contentious or high-conflict divorce. Even knowing this, you may be taken by surprise when someone from the sheriff’s department shows up and hands you a stack of papers saying that your spouse has been granted an emergency protection order against you. When you get this initial pile of paperwork, you might be shocked and upset. It is important to understand what being served with a protection order means and what to do if this happens to you. Usually, there will be a hearing held about a week to ten days after you are served with the protection order. At the hearing, you will have the opportunity to challenge the protection order. At this hearing, it is important that you are represented by an attorney if you are not already.

What Does Getting Served With an Ex Parte Protection Order Mean?

“Ex parte” just means that the court took action while one of the parties involved was not present. If you have been served an ex parte order of protection, it means that your spouse went to court without you and told a judge or magistrate that they are in immediate danger of domestic violence and need emergency protection from you.

Continue Reading ››

 Posted on July 22, 2022 in Divorce / Family Law

Divorce can be contentious, emotionally debilitating, and costly, most especially when children are involved.  Under Illinois law, all decisions are determined in the best interest of the child.  A parenting plan includes decision-making responsibilities of the child, and parenting time, formerly visitation, that each parent has with the child. An agreeable parenting plan begets a harmonious home life for the child.  

Achieving and adhering to a parenting plan can sometimes be complicated. A divorce lawyer can negotiate an agreeable parenting plan or facilitate post-decree enforcement of the parenting plan.

Four Disputes in Decision-Making Responsibilities

1. Education – Where the child attends school is often a source of conflict. A parent may want the child to be enrolled in a private or religious-based school, like a parochial one, while the other parent may wish the child to attend public school. Sometimes tuition costs are the primary factor of this conflict. Academic achievements and a competitive grade point average may also be an issue as one parent may be more lenient while the other is not.  

   Continue Reading ››

 Posted on July 11, 2022 in Estate Planning

Estate plans specify how assets are handled after a person’s death or during a person’s incapacitation. This preparation provides a family with peace of mind and can help eliminate the burden of possible lengthy probate proceedings and costly legal fees. A will not only outlines how an estate is allocated but also assigns the executor. If the dependents are children, estate planning can determine guardianship.

Without a valid will, the person who died is considered to have died intestate, designating the state as the executor. The state then determines the recipients and handles the estate distribution according to state law. A detailed, legitimate will is essential if you wish your assets to be distributed a certain way. A will has ilmitations, so establishing trusts further protects one’s wishes. An estate planning attorney can explain the different types of trusts and help select the ones suitable to a client’s needs.

Continue Reading ››

 Posted on June 27, 2022 in Divorce / Family Law

If you are paying or receiving child support, you know that the circumstances of your life and the life of your child may have changed dramatically since the original child support order was approved by the court. In Illinois, your child support order is eligible to be reviewed for a modification every three years. However, there are qualifying events that may allow you to modify the order between the normal review cycle.

Steps in the Modification Review Process

Either parent can ask the Illinois Division of Child Support Services (DCSS) to review the child support order for possible modification. The parent must demonstrate in their modification request that a substantial change in circumstances has occurred or that the other spouse has agreed to the change. Situations that may allow a child support modification include:

• The parent who is making the cild support payments has had a substantial decrease in income. This could be due to a job loss, an involuntary cut in pay, or a serious injury or disability. They could petition to have the monthly payments decreased.

  Continue Reading ››