Posted on November 06, 2023 in Divorce

When a couple goes through a divorce, they may need to take part in a deposition. If the divorce happens through litigation, instead of through collaborative divorce or mediation, it is guaranteed that a deposition will be part of the process. A deposition is a way for the two sides, their legal representatives, and a court report to come together and document all the information about things like income, assets, and children’s needs, that will be important for deciding the divorce settlement. If you are considering divorce in the State of Illinois and are curious about what might happen in a deposition, an Arlington Heights, IL divorce lawyer can clear up any confusion and help start you on your path of advocating for your rights.

What Should I Expect in a Deposition?

Depositions can be very intimidating. You need to swear under oath to answer all questions truthfully. However, even if you have no intention of lying, you may not have obvious answers to everything that you are asked. An important part of preparing for a deposition includes having your lawyer prepare you for the questions you may be asked.

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 Posted on November 03, 2023 in Family Law

Adopting a child through the Illinois Department of Children and Family Services (DCFS) can be a highly rewarding and life-changing experience. However, the process can be quite complex and requires careful consideration of various factors. If you want to pursue an adoption through DCFS, contact a lawyer to begin the process. Your lawyer will ensure you understand the legal requirements and obligations you will have when looking to pursue an adoption this way.

Understanding the DCFS Adoption Process

Before embarking on a DCFS adoption, it is crucial to understand the agency’s adoption process. This includes attending informational sessions, completing required paperwork, undergoing background checks, and participating in-home studies. Familiarizing oneself with the process and requirements will help prospective adoptive parents navigate the system efficiently and avoid unnecessary delays.

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 Posted on October 27, 2023 in Divorce

Movies and TV shows constantly show a contentious divorce playing out in a courtroom. In truth, that is sometimes what happens in reality. But in some cases, a couple can agree that divorce is the right step, even if they can be amicable about it. Instead of going to court, a couple can decide to try mediation, which is becoming more and more common in family law issues. Mediation costs less than court processes and allows both sides to address each of their concerns to try to achieve a solution both can agree on while avoiding going to court. If you believe divorce is in our future but you think mediation might be the right choice for you and your spouse, a Kane County, IL divorce lawyer will be able to clear up any confusion you may have and guide you through the process.

What Happens in Mediation?

When a couple opts for mediation, they are generally kept in separate rooms, and the mediator will keep coming and going between both. The mediator’s job is to hear the concerns of each side, listen to settlement possibilities, and suggest compromises that both sides might consider reasonable. As a neutral outsider, it is easier for the mediator to identify the real issues and try to come up with a path toward agreement. Once an agreement has been reached for all the aspects that need to be considered when a married couple splits, you will need to file the Illinois divorce petition through the court system.

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 Posted on October 24, 2023 in Estate Planning

Being a beneficiary of an estate can be a complex and deeply emotional experience. On the one hand, you may be thankful that someone thought enough of you to make such a consequential decision to include you in their estate plan. On the other hand, you may have concerns or anxiety regarding what the process will entail for you. Regardless of your exact circumstance, if you are a beneficiary, you should consider obtaining legal representation from a qualified lawyer. Doing so can go a long way towards affording yourself the peace of mind necessary to make this process more seamless.

The Core Four Frustrations for Beneficiaries

Here are the four most common sources of frustration for Illinois beneficiaries, including:

1. Poor communication – A lack of communication from the estate or trust administrator can be a significant source of frustration for beneficiaries. So often, beneficiaries find themselves in the dark, unsure of the progress or status of their inheritance. This lack of transparency can cause anxiety and mistrust. To address this issue, beneficiaries can seek legal assistance to enforce their right to receive regular updates and information regarding the estate or trust administration.

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 Posted on October 23, 2023 in Divorce

A couple going through a divorce needs to reach agreements about many things: Where will each spouse live? What happens to joint retirement funds? Will either need to make spousal support payments? One of the things that a couple can acquire that can be one of the most contentious things to figure out is a family home. If you are considering divorce and you and your spouse own a home together, a Schaumburg, IL divorce attorney can help you determine how to make this difficult decision.

The Complications of Deciding the Future of a Family Home

What happens to the family home in a divorce can be a source of bitter dispute. One easy situation to resolve is if neither spouse wants to keep living there and the mortgage has already been paid off. In such a case, the couple can sell the house and split the money. Another relatively simple solution would be if one spouse wants to stay in the home and the other does not. In such a case, they would likely need to figure out some sort of monetary compensation for the spouse who walks away from it, but generally, both would probably be pleased with the arrangement. However, when both spouses want to stay in the home, property division can turn into a complicated issue to resolve.

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 Posted on October 19, 2023 in Family Law

Civil unions in Illinois provide legal recognition and protection for same-sex couples, affording them many of the same rights and benefits of married couples. If you are interested in entering a civil union in Illinois, you are best off contacting an Illinois family lawyer. Your lawyer will ensure you know everything you need to before pursuing a civil union. They will also make certain you understand your rights as you begin this new and exciting era in your life.

Legal Recognition

Civil unions in Illinois are legally recognized relationships that provide same-sex couples with many of the same rights and responsibilities as marriage. This recognition extends to various aspects of life, including healthcare, inheritance, property, and parenting.

Healthcare Decision-Making

One of the significant benefits of civil unions in Illinois is the ability for partners to make healthcare decisions for each other. This includes the right to visit a partner in the hospital, provide consent for medical procedures, and access to medical information. Civil unions ensure that couples have the same rights as married couples when it comes to healthcare decision-making.

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 Posted on October 17, 2023 in Family Law

At one time, when a couple got a divorce, it was assumed that the mother would receive most parental responsibilities. Each state has the authority to decide on its relevant laws but one thing is for sure: it is no longer assumed that a mother will automatically win more benefits and power than a father in a divorce proceeding. There are many factors taken into account and the court decides on a case-by-case basis. If you are a father and are concerned that your spouse might be granted most if not all of the parental responsibilities over your child in a divorce settlement, an experienced Lombard, IL divorce attorney can answer your questions about this sensitive issue.

Issues of Child Custody Have Evolved Over Time

It wasn’t that long ago that American society in general maintained some outdated ideas of how children should be raised. Fathers were generally expected to go out, develop a career, and earn money, and therefore not need to have many responsibilities once they came home after a long day of work. Mothers were generally expected to stay home, put their careers to the side, and manage all the family and household needs, and therefore they were considered deserving of an equal share of the marital income without working.

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 Posted on October 12, 2023 in Divorce

The courts in the State of Illinois take accusations of domestic violence extremely seriously. Victims of abuse have several steps at their disposal to seek protection for themselves and any children they may have. Courts can grant an Order of Protection, otherwise known as a restraining order, to restrict an alleged abuser’s ability to physically go to specific places. There is something called an Emergency Order of Protection, which can be granted almost immediately when someone makes an official complaint, before an investigation.

While these orders are in place to protect victims of domestic abuse, there are unfortunately people who take advantage and make false accusations against their spouses. They could do this for several reasons. They might believe this would help their case in divorce proceedings if they are seeking favorable custody arrangements, or they might simply want to harm their ex. If you are being falsely accused of abuse and have been issued an Emergency Order of Protection that is keeping you away from your children, an Arlington Heights, IL divorce lawyer can offer advice and guidance at this difficult time.

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 Posted on October 06, 2023 in Family Law

When a married couple has a baby in the State of Illinois, the woman who gives birth is automatically considered the mother, and her husband is automatically considered the father. This definition is very matter-of-fact and does not have much impact on the family. However, when a couple is not married and they have a baby, things can become a bit more complicated. The woman who gives birth is still automatically considered the mother, but the baby’s father needs to prove his paternity, meaning that he is the biological father.

Whether or not someone is legally considered a child’s father has a lot of ramifications. This determines if a man has certain obligations to the child and mother, such as the requirement to make child support and spousal support payments. It also determines whether the man has any rights relating to the child, such as visitation and decision-making. If you are not married, about to welcome a baby, and are concerned that your rights as a father may not be protected, an Arlington Heights, IL paternity lawyer can explain the specifics of why you may want to officially and legally prove your paternity.

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 Posted on October 05, 2023 in Family Law

A lot of people are familiar with the term "prenuptial agreement," but not as many have heard of a postnuptial agreement. This is an important agreement a couple might draw up once they’re already married if they never got a prenuptial agreement and later understand it might have been wise for them to do so. If you are married and never had a prenuptial agreement, a Lombard, IL family law attorney can explain what is involved in drafting a postnuptial agreement.

How Does a Postnuptial Agreement Work?

In short, it works the same way a prenup does. A prenuptial agreement usually includes details that will help:

• Protect any inheritance either spouse may have received, whether this is in the form of investments, money, or property. The clause will ensure that the inheritance remains the exclusive property of the spouse who inherited it, even after the two spouses are married

• List whatever assets belonged to each spouse before marriage. This will protect their ownership over any property, money, investments, or other assets that were theirs before their wedding, should they later get divorced and need to negotiate a marital asset division

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