Posted on June 29, 2020 in Divorce

When a couple decides to call it quits, one or both spouses may file for divorce. However, in some cases, one spouse may walk out without an explanation, leaving the other spouse to wonder about his or her whereabouts. If you wish to get a divorce but are unsure where your spouse is, be sure to contact a knowledgeable family law attorney to help resolve this complex situation.

Publication Divorce

If a spouse would like to get a divorce but is unable to find their spouse, Illinois law allows “divorce by publication.” Publication divorce occurs only after a judge has been convinced that the divorcing spouse is unable to find the missing spouse after extensive searching. Extensive searching may include:

• Trying to contact your spouse through text, phone call, social media, email, or letter

• Posting a missing notice in your local paper, on cork boards in grocery stores, or on telephone poles within your community

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 Posted on June 26, 2020 in Estate Planning

The world of estate planning can be complicated, to say the least. If you have started researching your estate planning options, you may understandably be feeling overwhelmed. It can be challenging to know which types of estate planning tools will best help you meet your financial goals. You may have already decided to create a last will and testament but worry that a will alone will not satisfy all of your needs. One option to consider is a testamentary trust or “will trust.” For help determining which estate planning tools are best for your unique situation, speak with an experienced estate planning attorney.

What is a Testamentary Trust?

A testamentary trust is a trust that is in conjunction with a will. If an individual decides to create a testamentary trust, he or she will assign a trustee to manage and distribute his or her assets to the designated beneficiaries as per the directions in his or her will. Unlike a living trust, a testamentary trust does not go into effect until the trust maker, also called the trustor or grantor, passes away. Upon the trustor’s death, the executor of the estate is instructed by the trust provision in the will to create the trust. Although trusts typically avoid probate, the will must still go through the probate process in order for the authenticity of the will to be confirmed.

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 Posted on June 23, 2020 in Child Custody

Millions of parents in the United States suffer from emotional, physical, and intellectual disabilities. Within the state of Illinois, over 3 million people have children under the age of 18. Of those 3 million or so parents, 177,500 suffer from a disability. Despite the Americans with Disabilities Act (ADA) established in 1990, parents are still experiencing discrimination within their parental rights due to their disability. If you or your spouse is seeking a divorce, and you are worried about the future of your parental responsibilities because of your disability, it is important to consult with a family law attorney to protect your rights.

The Americans With Disabilities Act

The Americans With Disabilities Act (ADA) was passed on July 26, 1990, by President George H.W. Bush. The ADA forbids discrimination and promises that those with disabilities are allowed the same rights as everyone else, including equal employment opportunities, participation in state and local government programs and services, and fair legal settlements. Although parents with disabilities may be able to provide exceptional care for their children, the court always considers the best interest of the child when making a final decision. To determine this, a judge will look at factors such as the relationship between the child and each parent, and the age and health of the child.

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 Posted on June 16, 2020 in Child Custody

According to the Addiction Center, more than 90 percent of people who have an addiction started to use drugs or drink alcohol before they were 18 years old. Problems with drugs or alcohol may impact a person’s professional and personal life. Substance abuse is one of the most common reasons for divorce. Since substance abuse can affect many different aspects of a divorce proceeding, it is important to consult with a skilled family law attorney to ensure that parental rights and responsibilities are protected. In some cases, a spouse’s addiction may influence the allocation of parental responsibilities (child custody).

A Child’s Best Interest

Within the state of Illinois, the allocation of parental responsibilities is heavily based on a child’s best interest. Typically, both parents will split time with the child. However, if substance abuse plays a role in the child custody battle, the judge may determine that an arrangement of that nature would not be suitable for the child’s well-being.

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 Posted on June 08, 2020 in Prenuptial Agreement

A prenuptial agreement, typically known as a prenup, is a written contract created by two individuals prior to their marriage. This legally binding document establishes the future of any separate and marital property and/or assets, debts, and estate plan for each spouse in the event of a divorce. The state of Illinois has its own laws on what can and cannot be included in a prenuptial agreement, so before you sign on the dotted line, make sure to consult with a knowledgeable family law attorney to verify the validity.

Important Issues to Address in a Prenup

A prenup is not a one-size-fits-all arrangement, meaning the elements that one couple may address in their agreement might not be appropriate for another couple’s situation. However, the topics listed below are a few general ideas you may want to consider including in your agreement:

1. Asset and property division: Any property and assets acquired during the marriage will need to be split fairly unless stated otherwise according to Illinois’ equitable distribution law. Couples may specify how said property and/or assets may be distributed between each other ahead of time.

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 Posted on June 04, 2020 in Estate Planning

A trust is an estate planning tool that can hold property for the benefit of beneficiaries. There are many different types of trusts that can serve a wide range of purposes. Trusts fall into two main categories: revocable trusts and irrevocable trusts. A revocable trust is created by a grantor during his or her lifetime and may then be modified or revoked at any time. Irrevocable trusts, on the other hand, cannot be charged or revoked after their creation. However, there are certain situations in which an irrevocable trust can be modified or terminated.

Benefits of an Irrevocable Trust

Many people choose to use a trust to transfer assets to a beneficiaries instead of a will. The person who makes the will, called the grantor, transfers property to the trust and designates a trustee to manage the trust. Once the grantor passes away, the assets held by the trust are distributed to beneficiaries. The beneficiaries of a trust may be family members, friends, or entities such as nonprofit organizations. When the grantor transfers assets to an irrevocable trust, he or she relinquishes control of these assets and the assets are now owned by the trust. Because the assets are no longer owned by the grantor, they no longer influence the grantor’s tax liability or the value of his or her estate. Irrevocable trusts also offer protection from creditors and lawsuits.

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 Posted on May 29, 2020 in Estate Planning Blog

The last several decades have involved some of the most significant technological advances in all of human history. Most people now own cell phones that can take pictures and video, store electronic files, access the internet, and much more. You may use your cell phone, tablet, or computer to pay your bills, interact with friends and family on social media, communicate with colleagues via email, and complete many other responsibilities. Have you ever considered what will happen to this digital information if you become incapacitated or pass away? Through a comprehensive estate plan, you can account for digital items like photographs, files, and other electronic assets.

Start by Listing All of your Important Digital Assets and Expenses

Only about 40 percent of Americans have a will or any other estate planning tools in place. There are many different reasons that people procrastinate estate planning. Some are simply overwhelmed and unsure of where to even start. Planning for your digital assets can be especially challenging if you are not particularly “tech savvy.”

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 Posted on May 28, 2020 in Child Support

During the COVID-19 pandemic, many businesses have had to lay off or terminate their employees for a period of time in an effort to stop the spread of the virus. Losing your job for any reason can be alarming, especially if you have children. Being unemployed can affect your finances, as well as your mental and emotional health. In addition, if you are a divorced parent, it can impact your ability to pay child support. In Illinois, child support is a legal order made as part of a divorce judgment, and the amount of child support payments is based on the needs of the children, as well as both parents’ financial situations. This type of support is meant to pay for children’s necessities, such as food and clothing. If you have recently lost your job, it is important to understand your rights and responsibilities regarding child support payments according to Illinois law.

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 Posted on May 22, 2020 in Divorce

Pets are often considered members of the family. According to the American Pet Products Association (APPA), 68 percent of American households have a pet. In the event of a divorce, pets are often included within the property and asset division process, and ownership of a pet may be awarded to one spouse. If a couple cannot agree on who gets to keep the pet, this decision may be made by the court.A judge will consider what is best for the health and well-being of the pet. In some cases, a shared visitation arrangement may be made, similar to ones made in child custody cases.

Marital Property

Within the state of Illinois, a marital asset is considered property and/or assets that were acquired during a couple's marriage. Many couples purchase or adopt a dog or cat after they tie the knot as a way of expanding their family. In these situations, their furry companion would be considered marital property.

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 Posted on May 21, 2020 in Estate Planning

You have worked hard to earn the property that you currently own so it is understandable that you would want to have control over who inherits this property upon your death. Disinheritance refers to the act of purposely excluding someone from your will in particular or your estate plans in general. There are many different reasons that a person may choose to disinherit an heir. He or she may have ended his or her relationship with the heir due to abuse or conflict, have concerns about how the heir would spend inheritance funds, or simply believe that the heir is financially secure enough to miss out on an inheritance. Whatever your reasons for disinheriting an heir, doing so can sometimes prove to be a challenging legal process. For help understanding Illinois inheritance laws, drafting a last will and testament, or developing other estate plans, contact an experienced estate planning lawyer.

Disinheriting a Spouse

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