Posted on May 28, 2025 in Family Law

The primary difference between prenuptial and postnuptial agreements, also known as prenups and postnups, is timing. The goal is to protect both parties in marriage and divorce, and if carefully crafted, a prenup or postnup can be a great asset to your financial future. If you have questions about getting a prenup or postnup, our Arlington Heights, IL family law attorneys can offer invaluable insight and help you create an ironclad contract that will make you and your spouse feel comfortable.

Are Prenuptial and Postnuptial Agreements Essentially the Same in Illinois?

Prenuptial and postnuptial agreements outline how to handle key aspects of the divorce process, such as asset division, debt responsibility, and spousal maintenance, making divorce proceedings less contentious and more straightforward. The difference between a prenup and a postnup is in the timing, reflected by their names. A prenup is signed before the marriage, and a postnup is signed after. The laws governing both are outlined in the Illinois Uniform Premarital Agreement Act (IUPAA) and the Illinois Uniform Marital Property Act (IUMPA).

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 Posted on May 22, 2025 in Adoption

Stepparent adoption makes up a significant portion of family adoptions in Illinois, and the process can be  very meaningful for blended families. Stepparent adoption requires open conversations and a clear understanding of what it means for a stepparent to take on all the responsibilities and rights of a legal parent. If you are considering adopting your stepchild, talk to an experienced Wheaton, IL stepparent adoption attorney about the steps you will need to take and how having a legal representative can help.

Do I Need the Biological Parent’s Consent To Adopt My Stepchild?

Under Illinois law, a stepparent is categorized among those related to a child, but legally, the role is not the same as that of a biological parent. Adopting a stepchild requires an assessment of the biological parent’s role in the child’s life. Are they willing to terminate their parental rights, or does the court have grounds to remove them? 

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 Posted on May 19, 2025 in Powers of Attorney

A surprising number of people do not have an estate plan in place, which means that they have not outlined what will happen to their assets should they die or become incapacitated. A power of attorney (POA) document ensures that someone is there to manage your affairs when you are not in a position to do so for yourself. If you have questions about building an estate plan and drafting a power of attorney document, a Wheaton, IL estate planning lawyer can help.

Definition of Power of Attorney in Illinois

Illinois defines a power of attorney as a legal document that allows you, the principal, to designate another person to make decisions on your behalf. The selected individual is called the agent or attorney-in-fact, and the decisions typically regard finances and health care. POAs can be specific or broad, limiting the agent's responsibilities to a set of tasks or granting them a wide range of power. In Illinois, there are several types of POAs, but the two most commonly included in an estate plan are financial POAs and health care POAs.

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 Posted on May 19, 2025 in Child Custody

A guardian ad litem (GAL) is a central figure in Illinois family court cases involving children. Family disputes can be challenging for children, and without support, their voices can be buried in the contentious atmosphere. An Arlington Heights, IL family law attorney can help you understand the role of a GAL, how they may impact your case, and how best to communicate with them.

What Is a Guardian ad Litem?

A guardian ad litem is a lawyer who represents the child and their purpose is to investigate and make recommendations to a judge about what is best for the child. You often see GALs in cases involving divorce, child support, and the allocation of parental responsibilities, more commonly known as child custody. The court will often appoint a GAL in cases when the parents cannot agree on the terms of parental responsibilities or when the child’s interests seem to be at risk.

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 Posted on May 19, 2025 in Order of Protection

Divorcing someone after you have endured domestic violence or abuse can be scary and intimidating. Often, leaving an abuser can increase the risk of abuse, but a Schaumburg, IL order of protection attorney can assist you in accessing court-ordered protection during this difficult time. A protective order does not provide a total barrier between you and your spouse, but it can act as a strong deterrent against abuse and harassment. Speaking with a knowledgeable legal representative allows you to address all your concerns about the impact of an order of protection during divorce.

Orders of Protection and Home Possession in an Illinois Divorce

The most common concerns during divorce proceedings involve the division of property and the allocation of parental responsibilities, formerly called custody. How will filing an order of protection impact where you and your children live? 

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 Posted on May 08, 2025 in Child Support

Everyone knows that child custody is a standard part of divorce for couples with small children. However, what happens when you have a disabled adult child with a disability who relies on you both for financial support and care in Illinois? If either of you or both of you have established guardianship, you likely have questions about what will happen to that guardianship when you divorce. If you have not yet established guardianship, now may be the time to consider it, and a DuPage County, IL guardianship attorney can help.

What Goes Into Caring for an Adult Child After an Illinois Divorce?

The first consideration for a disabled adult whose parents are divorcing is to develop a care plan. No one knows your child better than you, and you can best decide how to meet their needs when your daily lives are changing. Some elements to consider when creating a care plan include:

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 Posted on May 08, 2025 in Divorce

Divorce can seem like a huge undertaking. Some delay the process, fearing it will become a prolonged, bitter fight. However, not all divorces are created equal, and you have options, including mediation, that can smooth the bumpy road and make the process less intimidating for both parties. When you need the court to intervene, you can still have an experienced Arlington Heights, IL divorce attorney on your side to walk you through the legal process and protect your rights.

What Is Divorce Mediation in Illinois?

Under Illinois law, mediation refers to a meeting outside the courtroom where a professional, often an attorney, acts as the mediator between both parties. The mediator's job is to keep the conversation on track toward an agreement about the divisions that must be made during a divorce. Often, the mediator will make helpful suggestions and offer legal routes to compromise that make the process swift and straightforward. Mediation is effective when both parties create a divorce decree and feel their rights were protected and they were not required to overly compromise on important issues.

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 Posted on April 29, 2025 in Estate Planning

When most people think about estate planning, they picture a married couple planning to leave inheritances behind for their children. But estate planning is just as important-maybe even more important-for people who are single. Just because you are not married and do not have children does not mean you do not have people and things you care about. You have a right to decide what will happen to your money, your property, and your health if something unexpected happens to you. When you have not left any instructions for how your property should be handled, laws go into effect that dictate what will happen regardless of what your wishes may have been. To learn more about how estate planning works for single people, speak with an experienced Illinois estate planning lawyer.

Why Is Estate Planning Important for Single People?

If you are single and you do not have a plan in place, your property will be handled according to Illinois law when you pass away. Certain family relationships that are automatically granted a relative’s assets if they pass away intestate, meaning they have no will or other form of expressing how they want their estate distributed after their death. That might mean your things go to some family members you are not close with and it could also mean that some people you care about get nothing at all.

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 Posted on April 28, 2025 in Family Law

Life does not always stay the same after a divorce or parenting agreement is finalized. One common change many parents experience is a shift in their work schedule. Whether you are starting a new job, picking up more hours, or moving to a different shift, you might wonder how this affects your parenting time. Illinois allows you to request a modification to your parenting plan if your new work schedule makes it hard to follow the current arrangement. If you are wondering how parenting plans can adapt, a knowledgeable Illinois family law attorney has answers and can explain your options.

What Is Included In an Illinois Parenting Plan?

A parenting plan is a legal agreement outlining how parents are expected to divide time with the child and share responsibilities. It includes where the child lives, how holidays are spent, and who makes major decisions that impact the child. Once this plan is approved by the court, both parents are expected to follow it. But life changes, and sometimes the plan needs to change too.

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 Posted on April 22, 2025 in Family Law

In Illinois, child custody decisions are guided by one primary principle: the best interests of the child. Many parents going through a divorce or separation wonder whether their child can choose which parent to live with. While the child's preferences may be considered by the court, they are not the deciding factor.

Understanding how Illinois courts weigh a child’s wishes can help parents better prepare for the custody process. A qualified Illinois family law attorney with experience helping children and parents navigate these decisions can explain more about the type of custody arrangement your family might benefit from.

How Do Courts Consider a Child’s Preference?

Illinois law no longer uses the terms "custody" and "visitation." Instead, it refers to "parental responsibilities" and "parenting time." As part of this broader shift, the law considers several factors when deciding how parental responsibilities are divided among parents. These include the child's needs, each parent’s ability to meet those needs, and yes-sometimes-the child’s own preferences.

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