Posted on August 12, 2021 in Wills and Trusts

There are several options for people in Illinois who want to ensure their assets are protected and their wishes are fulfilled after their death. Among these is something called a "living trust," and it is one of the most valuable asset protection instruments someone can have. Living trusts are versatile estate planning tools that offer flexibility when transferring assets to loved ones. Better yet, they save your estate from having to go through a time-consuming and expensive probate process.

What is the Purpose of a Living Trust?

A trust is a legal arrangement in which one person - the trustee - holds assets on behalf of another person, known as the beneficiary. A living trust has the advantage of remaining under the control of the trustee for as long as they live, giving the trustee great flexibility over how the assets in the trust are handled. A trustee of a living trust can sell, mortgage, or give away assets held in the trust at any time. Once the trustee passes away, a successor trustee appointed by the original trustee distributes the assets to the trust’s beneficiaries.

Continue Reading ››

 Posted on August 11, 2021 in Divorce

Dividing marital assets between a divorcing couple is often one of the most complex and difficult aspects of the divorce process. Couples who cannot reach an agreement during the property division process may find themselves involved in a contentious litigation process.

One common disagreement occurs when determining whether an asset is owned individually by one spouse or belongs to both spouses in the form of marital property. Complex and illiquid assets such as real estate, pensions, investment accounts, businesses, and vehicles could all be considered either marital or nonmarital property, depending on when they were acquired. An asset that began as nonmarital property may become marital property through a process known as “commingling.”

What is Commingled Property?

Only marital property is subject to division in a divorce. This includes both assets and debts that you, your spouse, or both of you together acquired during your marriage. However, even if an asset was acquired during the marriage, that does not necessarily make it marital property. For example, an asset acquired during the marriage could be considered nonmarital property if it was:

Continue Reading ››

 Posted on August 05, 2021 in Child Custody

In 2016, a new law came into effect changing the way that Illinois’ courts handle child custody issues during and after divorce. Rather than calling a parent’s time and decision-making authority “custody,” the new law divides the parental relationship with a child into “parenting time” and “allocation of parental responsibilities.”

Parents going through a divorce may find these phrases confusing, especially since parenting time and parental responsibilities are often still colloquially lumped into the word “custody.” However, there are important differences. This blog post will define and discuss these terms.

Why Did Illinois Stop Using the Term “Custody”?

Finding the old terms “custody” and “visitation” to be too vague and old-fashioned, Illinois law replaced them with phrases that are more specific and reflect modern reality. “Custody” and “joint custody” are no longer legally recognized at all, and “visitation” is only used in the context of third parties, such as grandparents’ visitation rights. Although the words “custody” and “visitation” are no longer meaningful in the legal sense, the concepts they described are still very much relevant.

Continue Reading ››

 Posted on July 29, 2021 in Family Law

If you are expecting a child and do not anticipate having the father present in the child’s life, you may have some questions and concerns about the impact of the father’s absence. Among the issues women in this situation face are whether you should tell the father you are pregnant or list his name on the child’s birth certificate. You may be unsure whether you want to pursue child support, or whether the father will ask for parental responsibilities or parenting time. Many women are in this situation, and your concerns are normal. There is no right answer, as there are benefits but also potential drawbacks to establishing paternity. Ultimately, whether you want to do so depends on your situation.

Establishing Paternity for an Unmarried Couple

When a couple is married and the woman has a child, Illinois law presumes the husband is the child’s father. The couple does not need to establish paternity to put the father’s name on the child’s birth certificate. However, if the mother is not married, the law makes no presumption about who is the child’s father and paternity can be legally established in one of three ways:

Continue Reading ››

 Posted on July 28, 2021 in Divorce

Technology has enabled us to do amazing things. We can now talk face-to-face with each other, anywhere in the world, at any time. Medical advances are moving forward in leaps and bounds, and if Jeff Bezos can go into space in his own brand new spacecraft, surely you can get divorced online, right?

Are There Any Advantages to Online Divorce?

“Do-it-yourself” divorce, or online divorce, can seem like a good option for a number of reasons. They advertise low costs, and they seem faster and less complicated than a normal divorce – no trial lawyers, no discovery, no fighting. If you do not have children or own property together, DIY online divorce can seem like a great alternative to the traditional courtroom divorce process. Just fill out the online forms, print them out, and send them to the family court in the county you live in. But is it really that simple?

What Are the Disadvantages of Online Divorce?

Unfortunately, the appeal of online divorce quickly fades as the real complications of divorce come to light. Using an online service to end your marriage opens the possibilities to mistakes and errors. Legal paperwork is technical and must be done correctly; even if a mistake was completely unintentional, if the paperwork is not done right, it cannot be filed.

Continue Reading ››

 Posted on July 22, 2021 in Child Custody

In an Illinois divorce or divorce decree modification, courts are primarily concerned with discovering one thing: What is in the best interests of the child? A judge’s decision regarding the allocation of parental responsibilities (formerly known as “custody”) will take many factors into consideration.

Understanding the things judges look for in potential custodial parents can help increase your chances of being given those responsibilities and spending valuable time with your child. Here, we will explore some of those factors in detail:

• The Ability and Willingness to Work with Your Co-Parent – Research shows that children do best when both parents are involved in their lives. However, if one parent is particularly combative, a judge may limit the child’s time with that parent in order to minimize the child’s exposure to conflict.

Continue Reading ››

 Posted on July 21, 2021 in Estate Planning

The circumstances necessitating estate planning can be unpleasant to think about and people often avoid putting off writing their will. However, writing your will and establishing your priorities after your death is one of the best ways you can show love to the people you care about most. You may think you are too young to write a will, but the truth is that the sooner you write a will, the safer your loved ones will be.

If you have never written a will before, you may wonder what you should include. In this post, we will discuss some of the things you should consider when you are writing your will.

What Is a Will?

If you are writing your first will, you may be unsure about what a will is or what it does. Essentially, a will is a binding legal document that details what will happen to your property after you die. If relevant, a will can also address who will be appointed as a guardian for your minor children. A will also appoints someone who ensures the will is implemented correctly. This person is called an executor.

Continue Reading ››

 Posted on July 16, 2021 in Divorce

Married spouses and any children they have typically live in the same home. During and after divorce, spouses in Illinois are unlikely to want to remain under the same roof long-term but may feel uncertain about who, if anyone, will continue to live in the family home. Spouses can feel an emotional attachment to their home, especially if it has been inherited from cherished family members, and parents may have concerns about the destabilizing impact of moving to a new home on their children.

Determining Ownership

Whether one spouse owned the home before the marriage or whether the spouses bought a new home together will impact the way the marital home will be handled in the event of a divorce. Illinois law says that assets owned by either spouse prior to entering the marriage are usually considered individual property in the event of a divorce.

Large appliances and cars with your name on the title are fairly easy to distribute, as their ownership is clear. But homes are more complex, especially because spouses make mortgage payments and do not usually own them outright during the marriage.

Continue Reading ››

 Posted on July 14, 2021 in Adoption

Blended families present unique challenges, and when it works well it can be a wonderful experience for everyone. Many new stepfamilies are created every day in Illinois, and many of those families create bonds that last forever. Stepparents who feel close to their stepchild and want to take on permanent parental responsibilities may consider adopting them.

In Illinois, stepparents can adopt their stepchildren, but it is not an easy process. Each situation is different, but there are a few things to keep in mind as you consider adoption:

There Can Only Be Two Parents

A child in Illinois can only have two legal parents. This means that, in order to adopt your stepchild, the child’s other parent must have their parental rights revoked or relinquished. That parent can relinquish their parental rights voluntarily by consenting to the adoption. If the parental rights are revoked as a consequence of neglect or abuse, this must be done in a court case wherein a judge will examine the relevant factors to determine whether the parent is unfit.

Continue Reading ››

 Posted on July 12, 2021 in Divorce

No matter how amicable your divorce may be, the process of getting divorced is unpleasant. Very few divorce cases are resolved quickly, and in the most complex or high-conflict cases, divorces can drag on for years. A protracted divorce in Illinois will take its toll on everyone and everything involved – spouses, children, relatives, bank accounts.

Some things are out of your control during divorce: You may have to wait longer than you want for a court appointment to be available, or for the discovery process to finish. Fortunately, you are not totally helpless when it comes to speeding up the process. Here are a few things you can do to make your divorce move more quickly.

Reach Agreement Before the Divorce Begins

Illinois is a no-fault divorce state, meaning that a couple only needs to cite irreconcilable differences as grounds for divorce. But if one spouse denies that there are irreconcilable differences, or does not agree that a divorce is necessary, there is a mandatory six-month waiting period of living “separate and apart.” In order to bypass this six-month waiting period, both spouses must agree to get divorced. Try to talk to your partner and reach an agreement that divorce is in your best interests before either party begins divorce proceedings.

Continue Reading ››