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Recent Blog Posts

Who Is Considered a Disabled Adult for Purposes of Seeking Guardianship?

 Posted on October 28, 2022 in Guardianship

IL family lawyerThere are many disabled adults who are completely independent and living productive and normal lives. However, other adults with certain disabilities may not be able to manage their affairs on their own and could benefit from having a legal guardian. A legal guardian for an adult is a fiduciary tasked with managing a disabled person’s finances and other aspects of their life to ensure that the ward is safe and well-cared for. If you have a disabled loved one you are concerned about, such as an elderly parent or disabled child who is turning 18 years old, you may be able to help them by petitioning the court to name you as their legal guardian. To begin a guardianship, you must be able to show that the proposed ward has disabilities that prevent them from managing their own life. If you are considering becoming a guardian for a loved one, an attorney may be able to help you through the process.

Who Can Be Placed Under Guardianship in Illinois?

Not all disabilities render a person eligible to be placed under guardianship, as many people with disabilities are entirely capable of being independent. Others, however, could be in danger if they do not have a guardian protecting them. For the purposes of Illinois guardianship, there are generally three reasons a person can be placed under guardianship:

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Actions Illinois Couples Can Take Using a Prenuptial or Postnuptial Agreement

 Posted on October 21, 2022 in Divorce

IL family laweryPrenuptial or postnuptial agreements can be used for a variety of purposes before or during a marriage. These agreements are contracts between couples who are married or are going to be married. Spouses or spouses-to-be can take steps such as setting aside separate property and reaching advance agreements regarding how property is to be divided in the event of a divorce. However, there are issues other than a potential divorce that can be addressed in the context of a prenuptial or postnuptial agreement. Many spouses also use their marital contracts to address the possibility that the marriage will terminate only when one spouse has passed away. While prenuptial and postnuptial agreements are commonly thought of as unromantic and strictly self-protective tools, they have a number of pragmatic legal uses. A majority of spouses could benefit from having a strong prenuptial or postnuptial agreement in place in some way, if only for peace of mind. Each party should be represented by an attorney during the creation of your agreement.

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When Can a Child Support Order be Modified?

 Posted on October 14, 2022 in Divorce

IL child support lawyerChild support payments are calculated according to statutory guidelines. Child support payments may be ordered incident to a divorce, or for parents who were never married. These payments may be ordered judicially or administratively. After the initial child support order, there may be options for modifying the order. However, certain conditions must be met for a modification to occur. Either parent can move for a modification. In general, requests for child support modifications are sometimes granted based on a substantial change in circumstances or expenses. The Illinois Department of Healthcare and Family Services Division of Child Support Services reviews requests for modifications. It is wise to work with an attorney during this process. Some conditions are less clear-cut than others. If you are seeking a modification to your child support order, your attorney may be able to help you gather needed evidence.

3 Conditions That Can Lead to a Modification Request Being Granted

Child support orders may be modified for a number of reasons. You may be able to initiate the review process if:

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4 Types of Separate Property You May Own

 Posted on October 05, 2022 in Divorce

IL divorce lawyerAs nearly the totality of all married couples owns some property jointly, so does almost every individual spouse own property that belongs solely to them. The vast majority of people do not enter a marriage entirely empty-handed. As we discussed in our last blog, it is possible to commingle separate property, thereby adding marital interest to individual property, it is also possible to keep property entirely separated such that in the event of a divorce, your spouse has no claim. Additionally, it is possible - and likely, even - that a married person acquires property during the marriage that exists as separate property. Determining what is marital property and what is separate property is generally the first step toward dividing marital assets during a divorce. This step is essential, whether you plan to mediate, negotiate through attorneys, or litigate your divorce.

Understanding What Separate Property You May Own

It can be more challenging than one may think to accurately label separate as opposed to joint or inextricably commingled. Types of separate property you may own right now include:

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How Does Personal Property Become Commingled with Marital Property?

 Posted on September 29, 2022 in Division of Assets

IL divorce lawyerBecause couples are getting married later in life, divorce attorneys in Illinois have observed an increasing trend of divorcing spouses who own valuable personal property they acquired before their marriage. Unless a couple signed a clear and enforceable prenuptial agreement and was circumspect about keeping their personal and marital property separate throughout their marriage, it can be very difficult or impossible to separate personal and marital property in a divorce.

However, doing so is an important first step in the asset division process so each spouse can ensure they keep what is theirs in addition to securing their fair portion of the marital estate. To learn more about how marital and personal property can become commingled (combined) during a relationship, read on and then contact an Illinois divorce attorney for answers to your questions.

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Will a Judge Listen to My Child in an Illinois Custody Dispute?

 Posted on September 23, 2022 in Divorce

IL family lawyerWhether during a divorce, as part of a first-time parenting plan for unmarried parents, or a dispute arising after several years of co-parenting, child custody disputes can be cases of serious contention. Determining how parenting time and parental responsibilities are allocated is often hotly contested by both parents.

Complicating things is the fact that children often develop their own opinions about how things should be, especially as they get older and have a better understanding of the difference between each parent’s home environment and parenting strategy. If either you or your child believes your child deserves a fair say in your Illinois parenting plan negotiations, read on.

When Can a Child’s Wishes Be Considered?

While young children often have strong opinions about homework, hygiene, and personal discipline, they do not have the maturity or perspective to make wise decisions that are in their own best interests. Left to their own devices, children would often gravitate towards a parent who has a more relaxed disciplinary approach to parenting just because it is easier.

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How Can I Get a Divorce if My Spouse Abandoned Our Family?

 Posted on September 15, 2022 in Divorce

IL divorce lawyerNot every person is cut out for the responsibility and commitment that marriage and children entail. Some parents leave their families to pursue relationships with other people; some wander off because they miss living a life of spontaneity and solitude; still others leave without any explanation, leaving their family to fend for themselves.

The spouse who is left picking up the pieces generally does not want to remain married to someone who is no longer interested in shouldering their share of the family burden. But getting divorced when your spouse is missing or unwilling to participate in the divorce process presents some additional challenges. Read on for a brief overview of how you can divorce a missing spouse, and then contact an Illinois divorce attorney for customized help.

Do I Have to Try to Find My Spouse?

Sometimes the spouse who stays to care for a family is not sorry to see a cold, abusive, or neglectful spouse hit the road. If you are in this situation, you may not want to ever see or speak to your spouse again - and understandably so. But to get divorced from your spouse, you will need to prove to a judge that you have tried to contact your spouse without success. A judge will expect to see proof of significant efforts. These include:

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Can I Give Up My Parental Rights if I Do Not Want a Child?

 Posted on September 07, 2022 in Child Custody / Allocation of Parental Responsibilities

IL family lawyerBeing a parent can be one of the most joyous and rewarding things a person can do, but parenting is not without its challenges. Fathers often face particular challenges when they are not married to the mothers of their children and may sometimes feel as though the legal system’s hurdles are too much to overcome. Other times, a mother or a father may feel totally unequipped or unprepared to raise a child he or she did not want to bring into the world and may wonder whether relinquishing parental rights is an option. Wherever you are in your parental journey, you can get legal advice from an experienced Illinois family law attorney who can help you understand your options and assist you in making wise decisions.

When Can a Parent Voluntarily Give Up Parental Rights?

The feelings and emotions of parents are often complex and influenced by many factors, all of which are real and legitimate. Parents who are very young or who hardly know each other may be devastated by an unplanned pregnancy and understandably feel reluctant to take responsibility for a child they do not want.

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Where Can I File for Divorce in Illinois?

 Posted on August 30, 2022 in Divorce

Naperville Marriage Dissolution LawyerSo you have finally made up your mind to get a divorce and now you have to actually do it. While filing for divorce in and of itself is not so difficult, many couples get hung up on the bureaucratic elements of the divorce process because the forms can be confusing and it can be difficult to get answers to your questions. 

Court clerks, judges, and secretaries cannot give you legal advice, nor can they assist you in filling out the forms. If you want to file for divorce but do not feel comfortable handling the paperwork yourself, you may want to get help from an experienced Illinois divorce attorney. 

How to File for Divorce

Before you can formally start the divorce process, you will need to fill out the paperwork and pay a filing fee. It is important to fill out the paperwork carefully and include accurate information; making mistakes on court paperwork can lead to petitions being rejected and the divorce process prolonged. 

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Should I Delete Social Media Posts During Divorce?

 Posted on August 23, 2022 in Divorce

DuPage County Divorce LawyerWhile couples usually get divorced because they no longer have the same vision for the future or have unsolvable conflict, the tension between them usually reaches new heights during the divorce. The task of resolving complex issues like property division, child custody, and alimony can seem impossible when you dislike your spouse and want to avoid talking to them if at all possible. 

One way many divorcing spouses handle the stress of divorce is by venting about it on social media. While this behavior is common, it can be a huge mistake–once something is on the internet, the record of it may exist forever, even if the person who posted it tries to delete it. Practicing minimal social media use may be difficult during divorce, but it pays off in the long run. 

Do Not Delete Old Posts, Profiles, or Photos

The first thing many people getting a divorce want to do is distance themselves from their spouse. It may seem like the easiest way to publicly do this is by deleting every shred of evidence you were ever together. However, deleting things off social media may not be a good idea. 

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