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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 Posted on September 28, 2023 in Estate Planning

When facing a contested documents case, it is crucial to seek the assistance of a lawyer who can provide valuable guidance and support throughout the legal process. Any time contested documents are an issue in estate planning, the situation can be very stressful. By hiring an attorney to assist you, you provide yourself with the legal protection to feel more confident and protected as you look to sort through your contested documents case.

Here is What You Need to Know

First and foremost, a lawyer can offer their knowledge of the law. They will assess the details of your contested documents case, analyze the contested documents, and provide you with a clear understanding of your legal rights and options. With their extensive experience, they can guide you in making informed decisions and help you develop a strong legal strategy. For example, if the will is being contested because someone is claiming the mental capacity of the testator was compromised, regardless of what side of the issue you are on, your attorney can help you make decisions that serve your best interests and legal goals.

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 Posted on September 21, 2023 in Divorce

Every divorce is unique and comes with its own issues that need to be resolved in a settlement. But generally speaking, when parents are getting divorced, child custody issues can be the most difficult to resolve. When people want to get divorced, it can be very hard for them to put arguments aside and form a plan to raise their children together. With parents worrying about what they want out of their divorce settlement, they can often lose sight of their children’s best interests.

When parents cannot agree on how to divide their parental responsibilities in divorce, the court can appoint a guardian ad litem, or GAL. This person is a legal representative whose main goal is to advocate for the child. If you are moving towards an acrimonious divorce, you might worry that your spouse will fight you on every aspect of the settlement. An experienced Lombard, IL child custody lawyer can advocate passionately for an optimal arrangement for you and your children.

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 Posted on September 20, 2023 in Divorce

The term “divorce” has been commonly used for many years, but people who have never been divorced may not be aware of all the issues that need to be settled when you are going through one. If you are like the majority of Americans and you have not thoroughly studied the law, you might likely find yourself in a confusing situation.

If you and your spouse are considering a divorce, please consider speaking with an experienced Arlington Heights, IL divorce attorney who can explain all the aspects of a divorce settlement in detail, including how they might apply to you.

What Issues Need to Be Settled during Divorce?

When a couple decides to legally end their marriage, the process can take some time to complete. The reason for this is that many aspects of their lives were legally bound, and now they need to agree on how to split those up. When children are involved, divorce can be even more complicated.

When settling a divorce, a couple needs to make concrete decisions about how they will deal with the following before the court will finalize anything:

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 Posted on September 19, 2023 in Divorce

When a couple is first considering divorce, they may find the entire process overwhelming. There are different options for how two people can legally end their marriage, and it can be hard to figure out which is the best for you. If you and your spouse are considering divorce, mediation could be a good option. A Schaumburg, IL mediation lawyer can help explain what is involved and guide you through the process.

What Exactly Is Mediation?

In any legal dispute, the people involved can settle their arguments in court. However, they also have the option of entering alternative dispute resolution (ADR) instead. This means that they can try to settle their issues outside the courtroom. This is the case for many types of legal disputes, including divorce.

Mediation is similar to a negotiation, where the sides try to reach an agreement together with their respective lawyers. But here, there is a mediator who acts as a neutral third party helping facilitate the discussions and working toward an agreement that both sides will find acceptable.

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