Posted on July 31, 2025 in Wills and Trusts

When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.

How Is a Living Will Different From a Last Will and Testament?

A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.

A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.

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 Posted on July 28, 2025 in Child Custody

In Illinois, orders of protection can significantly affect child custody, especially when safety is a concern. When requesting an order, you need to know how they interact with parenting plans and court decisions. If you are in the middle of a custody dispute and an order of protection has been filed, an Arlington Heights, IL order of protection attorney can help you understand how the order may affect your case.

Orders of Protection and Emergency Changes to Parental Responsibilities in Illinois

An order of protection is issued by a court to prevent abuse, harassment, or threats. If the alleged conduct involves a child or occurs in front of a child, the court may decide that the accused parent should not have parenting time or decision-making abilities while the order is in place. Under 750 ILCS 60/214, an Illinois judge has the power to include temporary child custody provisions in an order of protection if the judge believes doing so is in the child’s best interests. This can include giving you temporary sole decision-making authority or suspending parenting time altogether. These changes are meant to be short-term but can influence longer decisions regarding parental responsibilities later.

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 Posted on July 24, 2025 in Family Law

When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.

What Is a Civil Union in Illinois?

A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.

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 Posted on July 18, 2025 in Estate Planning

When drafting an estate plan, you can incorporate documents to protect your loved one with a disability. A special needs trust can be used to help them have financial security without compromising their benefits. Consider the purpose and benefits of these trusts and then speak with an experienced Wheaton, IL estate planning attorney about how to incorporate one in your estate plan.

What Is a Special Needs Trust?

A special needs trust is a legal arrangement that allows you to hold and manage money or property for the benefit of a person with a disability. This person is known as the beneficiary. The funds in the trust can pay for things that improve the beneficiary’s quality of life, such as special medical treatments, therapy, education, travel, or recreation. Often, a special needs trust will address needs or wants that government benefits do not typically cover.

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 Posted on July 18, 2025 in Child Custody

Many parents rely on a court order to dictate the terms of their parental responsibilities agreement, which includes parenting time. If you have questions about how the court may view your case, an Arlington Heights, IL parental responsibilities lawyer can explain the laws and protect your rights. In Illinois, parenting time decisions are based on what is best for the child. Judges look at many factors to ensure the child’s interests are prioritized in the final custody decision.

What Does "Best Interests of the Child" Mean?

Part VI of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the "best interests of the child" in Section 602.7. It is defined as the main standard courts use when deciding parenting time, also known as visitation, and other custody issues. It means the judges focus on what will help the child grow up safe, healthy, and emotionally stable.

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 Posted on July 18, 2025 in Divorce

The family home can be a contentious part of dividing property during an Illinois divorce. For many couples, the emotional attachment can cause stress and disputes. The first step is to determine whether the home is marital or separate property. An experienced Schaumburg, IL divorce lawyer can help you navigate property division and fight for the best possible outcome for your family home.

Is the Family Home Ever Considered Separate Property in Illinois?

Illinois law under 750 ILCS 5/503 defines marital property as anything purchased during the marriage, regardless of whose name is on the deed. Non-marital property is acquired before the marriage or is classified as a gift or inheritance. However, if non-marital property is commingled, meaning it is mixed with marital funds or jointly titled, it can lose its separate character and become marital property.

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 Posted on July 10, 2025 in Asset Division

Illinois is an equitable distribution state. Unlike a community property state, your assets are divided fairly rather than strictly equally. The first step in dividing property during Illinois divorce proceedings is to categorize your assets and debts as marital or non-marital. Working with an experienced DuPage County, IL divorce attorney ensures you understand your rights and what you can do to protect your assets, even in an uncontested divorce.

What Counts as Marital Property in Illinois?

According to Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property refers to assets and debts acquired by either spouse during the marriage. This means that funds, retirement benefits earned during the marriage, real estate purchased while married, and even certain business interests can fall under marital property.

It is important to note that the law presumes that any property acquired during the marriage is marital unless proven otherwise. Even when an asset is officially in one spouse’s name, it can still be subject to equitable division. Courts consider several factors when dividing marital assets fairly. The length of your marriage and each spouse’s contribution to the marital estate will play a role in the court’s final decision. The court will also consider your economic circumstances.

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 Posted on July 04, 2025 in Divorce

Mental illness can impact several components of divorce proceedings in Illinois. It may affect custody, spousal support, and even property division. If you have questions about how mental health might affect your divorce process, an experienced Illinois divorce lawyer can help. Mental illness can complicate divorce. For that reason, having someone to guide you and protect your rights is invaluable.

Can Mental Illness Impact the Allocation of Parental Responsibilities in Illinois?

Mental illness can directly influence how the court divides parental responsibilities. It depends on whether it affects the parent's ability to care for the child safely. Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act says that courts must make these decisions based on what is best for the child. In doing so, they consider several factors, including the mental and physical health of all parties involved. Judges even order psychological evaluations to assess a parent’s fitness when mental health concerns arise.

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 Posted on June 30, 2025 in Estate Planning

Wills and trusts are two common tools used in estate planning, but they serve different purposes and function in different ways under Illinois law. Whether you are planning for the future of your children or trying to avoid probate, understanding the distinction between these documents is essential, and an experienced Wheaton, IL estate planning attorney can help guide you as you create a comprehensive estate plan.

What Is a Will?

A will, also known as a "last will and testament," is a legal document that outlines your wishes for the distribution of your property after death. In Illinois, wills are governed by the Illinois Probate Act of 1975, 755 ILCS 5/1-1. This law explains the requirements for executing a valid will, including the need for the document to be signed by the testator and witnessed by two competent individuals.

In a will, you can name an executor to manage your estate, designate guardians for minor children, and specify who should receive particular assets. However, all wills in Illinois must go through probate, unless the estate qualifies for a simplified process under 755 ILCS 5/25-1.

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 Posted on June 28, 2025 in Divorce

When adultery happens in a marriage, it often leads to deep emotional pain, making divorce even more contentious. However, when it comes to Illinois divorce law, many people are surprised to learn that cheating does not always have a major legal impact. If you are concerned about how an affair may affect your rights during the divorce process, an experienced Illinois divorce attorney can help you protect your interests in every area, from spousal support to child custody, now called "parental responsibilities" in Illinois.

Do You Have To Prove Fault To Get a Divorce in Illinois?

Illinois is a no-fault divorce state. That means spouses no longer need to prove infidelity, cruelty, abandonment, or any other form of wrongdoing to get a divorce. Under the law regarding the dissolution of marriage, 750 ILCS 5/401(a), the only recognized reason for divorce is "irreconcilable differences." Once both spouses live separately for at least six months, the court assumes irreconcilable differences exist, and no other proof is needed.

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