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Recent Blog Posts

Determining a Parenting Time Schedule in Shared Parenting Situations

 Posted on April 26, 2018 in Child Custody

Schaumburg divorce attorney equal parenting timeIn today’s families, parents often function as equal partners when raising their children, and both mothers and fathers are highly involved in decision-making and day-to-day care. Close relationships with their parents are beneficial for children, and these relationships should continue even if parents decide to end their marriage through divorce.

In recent years, the divorce laws in Illinois have been updated to reflect the nature of modern parenting. The presumption that one parent will have custody of children has been replaced with the allocation of parental responsibility between parents, and rather than granting temporary visitation for a non-custodial parent, each parent will have parenting time with their children.

Some advocates are pushing for additional changes to the law that they believe would protect parents’ rights. Currently, the Illinois House of Representatives is considering a bill which would change divorce laws to presume that it is in children’s best interests to have equal amounts of parenting time with both parents.

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Understanding the Changes to Illinois Spousal Support Laws

 Posted on April 24, 2018 in Spousal Support

Lombard family law attorneyIn September of last year, Illinois Governor Bruce Rauner signed a measure that amended several laws related to divorce in the state. The two biggest changes pertained to the calculation of spousal support, or maintenance, as it is formally known in Illinois. The law went into effect on January 1, 2018, so if you have recently filed for divorce, it is important for you to know how your case may be affected.

New Income Guidelines

For several years, the Illinois Marriage and Dissolution of Marriage Act has provided a formula by which a divorce court is expected to calculate how much maintenance should be paid in a particular case. The formula is a weighted function of each spouse’s annual gross income designed to offer extra support in situations where one spouse makes substantially less than the other. Specifically, the law states that the amount of maintenance to be paid is found by taking 30 percent of the payor’s income and subtracting 20 percent of the recipient’s income, as long as the maintenance plus the recipient’s income did not exceed 40 percent of the couple’s combined income.

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How to Seek Guardianship of a Disabled Loved One

 Posted on April 20, 2018 in Guardianships

Lombard guardianship lawyersIf you wish to be the primary caregiver of a friend or family member who is unable to care for themselves, one option which you have available in Illinois is guardianship. Guardianship can be granted by a judge to help an adult who cannot make general life decisions on his or her own. Guardian responsibilities are categorized into two groups: financial/estate responsibilities and personal responsibilities. In Illinois, there can be separate guardians for a person and their estate or the same person can look after the disabled individual’s personal needs and make estate decisions.

Guardian Qualifications

In order to become a person’s legal guardian, you must be at least 18 years old, not legally disabled, a United States resident, cognitively capable of caring for another, and free from certain prior felony convictions. If the disabled person in question wishes for you to become his or her guardian, such wishes will be considered by the court, but the court is not obligated to approve you as a guardian.

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Factors to Consider When Dividing Property During Divorce

 Posted on April 19, 2018 in Divorce

Schaumburg division of marital property attorneyThe process of divorce can be lengthy and complicated, and issues related to the property that a couple owns can often be very difficult to resolve. When determining how to divide property during divorce, couples should be sure to consider the following:

  • Marital property - Any property that a couple acquires during their marriage is considered marital property, and Illinois law states that these assets should be fairly and equitably divided between divorcing spouses. However, “fair and equitable” does not necessarily mean “equal;” rather; each spouse should receive a “just proportion” of the marital assets.
  • Non-marital property - Property which a spouse owned prior to the marriage or which they received by gift or inheritance is not subject to equitable division during divorce. A prenuptial or postnuptial agreement may also state that certain property is non-marital property. However, marital and non-marital property can become commingled, making it difficult to determine ownership. In some cases, non-marital property may be converted to marital property, or one spouse may be obligated to repay the other spouse for improvements they contributed to non-marital property.

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How Second Parent Adoption Can Benefit Same-Sex Couples

 Posted on April 16, 2018 in Adoption

Lombard family law attorneyOn June 26, 2015, the United States Supreme Court ruled that states could no longer legally ban gay individuals from getting married. Since then, many same-sex couples have married, and some have chosen to start families of their own. Being a same-sex couple can bring up certain legal complications when children are involved, but fortunately, Illinois has measures in place to help potential parents obtain parental rights. One method some same-sex couples use to legally adopt a child into their family is second-parent adoption, also called co-parent adoption.

Second Parent Adoption Does Not Require Terminating Anyone’s Parental Rights

In most circumstances, when a person wishes to adopt a child, the child’s original parent or parents must terminate their parental rights. For example, when a woman places a baby up for adoption after giving birth, she signs documents which relinquish her rights to that child. A second-parent adoption is unique in that a parent can adopt a child without the child’s other parent losing their parental rights.

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Making Good Financial Planning Decisions During Divorce

 Posted on April 12, 2018 in Divorce

Palatine divorce attorney financial planningThe end of your marriage is likely to be a traumatic, chaotic time, but taking the time to prepare for your life after divorce will help you begin the next phase of your life on the right foot. One of the key concerns you should address is your finances, making sure that the decisions made during divorce will protect your financial security and ensure that you will be able to provide for yourself and your family. Here are some tips for financial planning during divorce:

  • Gather documents - Be sure to obtain complete records that will give you the full picture of your and your spouse’s finances. These documents may include bank statements, credit card accounts, retirement accounts, investments, mortgages, automobile loans, pay stubs, tax returns, and appraisals of items you own. Fully understanding your financial situation will ensure that assets and debts are divided equitably, and it may help identify any hidden assets.

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Estate Planning Fatigue May Prevent Some From Taking Necessary Steps

 Posted on April 11, 2018 in Estate Planning

Lombard estate planning attorneyAccording to a CNBC.com survey, over one-third of high-net-worth families have failed to take even basic steps to provide for their loved ones when they die and to ensure that their final wishes are granted. More specifically, 38 percent of people with over $1 million or more in assets have not created an estate plan.

Many people do not realize the ways a comprehensive estate plan can help them and their loved ones, while others mistakenly believe that they do not make enough money to qualify for an estate plan. Another reason many otherwise financially-savvy people do not have an estate plan is because it can be exhausting and overwhelming to try to plan everything on your own. Studies show that some individuals suffer from what is called “estate planning fatigue” which makes them less likely to have up-to-date, enforceable estate plans.

Constant Changes to the Federal Estate Tax Laws Have Been Confusing

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Unique Divorce Considerations for Wives Who Make More Money Than Their Husbands

 Posted on April 10, 2018 in Divorce

DuPage County divorce lawyersThe roles of women and men have changed dramatically throughout the last 100 years. Women have gone from being treated as second-class citizens to earning the same rights as men. Even the last few decades have seen a dramatic increase in women in positions of power and authority. Many more women are choosing to make their career a top priority than in the past, and this has resulted in more families with a female breadwinner. If you are the primary earner in your marriage and you are considering divorce, you probably have many questions and concerns. Every divorce is different, but there are a few things you should keep in mind.

Know What Your Rights and Responsibilities Are

When we think of divorce, many consider the higher-earning spouse as more of a liability than an asset. After all, the spouse who brings more property and resources to the table has more to “lose.” The law treats marriage as a partnership, and most assets and debts accumulated during the marriage are considered to be marital property. However, many spouses struggle not to feel like certain things, such as retirement accounts or savings, are solely theirs. After all, they earned the money, so they believe they should get to keep it, regardless of the divorce.

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The Basics of Guardianship for a Disabled Adult

 Posted on April 05, 2018 in Guardianships

Lombard estate planning lawyerDo you know someone who is struggling to manage their life due to advanced age, illness or disability? Most of us know a person like this in our own families. In many cases, it is possible to help a person manage their affairs by sitting down with them and assisting them with paying bills, making health care decisions, and other aspects of everyday life. While this type of assistance is fine in some situations, others may require more drastic measures. One such option may be for you to seek guardianship of the person in question, but doing so can be complicated.

Identifying the Need for a Guardian

According to Illinois law, guardianship for an adult can only be granted by the court, but before the court can appoint a guardian, it must first determine that the adult is in need of one. Specifically, the court must find that the person in question is disabled due to deteriorating mental faculties, physical incapacitation, mental illness, or developmental disability. The court may also find a guardian to necessary for a person dealing with severe gambling, drinking, or drug problems.

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What Is Parental Alienation, and How Does it Affect Divorce Cases?

 Posted on April 05, 2018 in Divorce

Barrington divorce attorney parental alienationChildren deserve to have a good relationship with both their parents, but this can sometimes be difficult after parents decide to divorce. Children often struggle to understand the reason for the end of their parents’ marriage, and they can have difficulty adjusting to dividing their time between two homes. Unfortunately, the emotional distress they experience is sometimes made even worse when one parent attempts to negatively influence their children’s relationship with their other parent. This is known as parental alienation, and it is important for divorcing parents to recognize when it is occurring and understand their legal options.

Forms of Parental Alienation

Parental alienation occurs whenever a parent attempts to influence their children’s feelings about the other parent, and it can take a variety of forms, including:

  • Criticizing the other parent, including making disparaging comments, blaming them for the breakup of the marriage, claiming that they are the cause of financial difficulties, or questioning or overriding their decisions about discipline.

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