Posted on December 29, 2021 in Divorce

Attorneys are one of the most frequently criticized groups of professionals in the world. Jokes about attorneys exist in every culture, and there are many stereotypes regarding attorneys, their supposed characteristics, and alleged shortcomings. Working as an attorney is a difficult job, in large part because, contrary to popular belief, attorneys do care about the well-being of their clients and want their cases to succeed. If you are getting divorced, petitioning for a parenting time modification, or hoping to adopt in Illinois, here are some tips for ensuring you have a great relationship with your lawyer.

Help Your Lawyer Build the Strongest Case Possible

Even if your attorney believes you are completely justified in pursuing your preferred outcome, no attorney has the power to snap their fingers and bend the law. Part of engaging with the law is understanding that it is complex, sometimes vague, and often feels unfair. Your attorney’s job is to represent you and pursue the best possible outcome with your case. You can help your attorney build the strongest case possible by being forthcoming about any information that may be relevant to the case. Gathering any financial documents, relevant paperwork, and evidence like text messages can also help your lawyer develop a powerful case. 

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 Posted on December 22, 2021 in Child Custody / Allocation of Parental Responsibilities

The relationship between a child and his or her father can be one of the strongest bonds a person ever experiences. Unfortunately, in the past, many unmarried fathers have experienced difficulty and frustration when trying to pursue a relationship with their child. For some fathers, these challenges continue even today - but most would agree that their relationship with their child is worth the fight it sometimes takes to get there. If you are a father in Illinois and you want to seek parental rights, including parenting time and allocation of parental responsibilities, read on. 

Establish Paternity

No father has a legal claim to spend time with a child with whom he does not have a legal relationship. Establishing paternity over your son or daughter is the most important first step in a lifetime of love and support. If your child’s mother rejects the possibility of your presence at birth and you cannot sign a Voluntary Acknowledgement of Paternity, you may need to get a court-ordered declaration of parentage. You may need to submit to a DNA paternity test to confirm the biological relationship to the child and establish paternity. Once paternity is established, you can petition the court or parenting time and parental responsibilities.  

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 Posted on December 15, 2021 in Divorce

Divorce is notoriously expensive, long, and difficult. Many couples delay what they know is an inevitable divorce because they have children, want to save money, or are simply not quite ready to make the final decision. But divorce professionals suggest that postponing divorce for some interminable future date may ultimately backfire. Rather than waiting for enough money or the children to reach a set age, experts suggest talking to your spouse openly and trying to create an amicable exit plan. 

Creating an Exit Strategy for Divorce

So you may not be ready to end the marriage - yet. But if you and your spouse already know such a separation is coming, and there are no pressing issues like domestic abuse or financial dissipation, you do not necessarily have to act with urgency. Rather than being reactive to an unpredictable process, you can create a plan for ending your marriage that leaves both spouses in a better place. Here are five steps you can take: 

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 Posted on December 07, 2021 in Divorce

 Prenuptial agreements can be excellent legal instruments for protecting newlyweds from the inevitable strife of divorce. Spouses-to-be can be flexible in addressing their needs, and a prenup can cover many things, from premarital property ownership to spousal maintenance. But though some spouses may want to sign their prenup and forget about it, for other spouses, it is better to consider the prenuptial agreement as a kind of living document that may change or be updated if necessary. Here are three common reasons couples in Illinois amend their prenuptial agreements. 

Spousal Maintenance 

If one spouse earns a substantially higher income than the other spouse, couples may wish to forego or proscribe spousal maintenance in a divorce. But if couples have been married for a long time and one couple suffers a job loss, serious illness, or, on the other hand, inherits a substantial sum of money, the balance of financial power may change. Spouses may wish to raise or lower the amount of spousal maintenance if one partner’s financial picture changes substantially. 

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 Posted on November 30, 2021 in Guardianship

When an adult in Illinois is sufficiently disabled such that he or she is unable to make or communicate decisions about their care, living arrangements, and finances, legal guardianship may be necessary. Illinois law provides legal protection for its adult disabled citizens and Illinois has one of the most progressive guardianship laws in the US, with helpful procedures for appointing guardians and detailing the responsibilities of guardianship. 

Serving as a guardian for a disabled adult is a major responsibility. If you are considering becoming a guardian, it is important to understand what you can expect and what will be expected of you. 

Types of Guardianships

There are two basic types of guardianships in Illinois: Guardianship of the estate and guardianship of the person. Although these can be broken down into more specific categories, these two basic types offer a helpful umbrella for understanding the different responsibilities contained within each role.

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 Posted on November 24, 2021 in Divorce

Parents in Illinois who are struggling with a chronic or terminal illness may reach the point where they feel unable to care for their child properly. When this happens, or when a parent anticipates it will happen in the near future, he or she may decide to share their parental rights with someone who can better care for the child. 

A standby guardian is a person who willingly takes parental rights on behalf of a child’s custodial parent who is very sick, disabled, or deceased. Just as a parent would be, a standby guardian becomes responsible for caring for the child’s needs. If you are considering appointing or becoming a standby guardian, this blog may be helpful to you. 

Who Can I Appoint as a Standby Guardian? 

A parent can appoint anyone who is eligible to become a legal guardian in Illinois and who is willing to take on the parental rights and responsibilities for a child. Depending on the situation, a standby guardian may be the child’s other parent, a grandparent, the parent or child’s sibling (if over the age of 18), or even a good friend. 

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 Posted on November 18, 2021 in Divorce

Parents getting divorced in Illinois frequently struggle to resolve issues related to the children. Determining child support, dividing parenting time, and allocating parental responsibilities can be very difficult for parents who are locked in conflict and unable to cooperate. Although most parents can prioritize their children’s best interests even during divorce, some cases require court intervention. In cases like this, a court may appoint a guardian ad litem (GAL) to determine a child’s best interests. If you have had a guardian ad litem assigned to your case and want to know more about what to expect, read on. 

What is a Guardian ad Litem’s Role? 

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 Posted on November 09, 2021 in Divorce

Life is complicated and unpredictable, and sometimes unexpected events cause a parent to be incapable of caring for their child. Whether due to mental illness, substance abuse, child abuse or neglect, or death, children in Illinois sometimes need care from an adult who is not their parent. If no family members are available to care for a child, the child may have to enter a foster home. But if a family member like a sibling or a grandparent is available, they may be able to get legal guardianship of the child. 

Legal Guardianship

Children moving into the care of the Illinois foster system have often been essentially taking care of themselves for many years, and many have the help of an older sibling. However, unless the older sibling is an adult and applies successfully for legal guardianship, they do not have the legal authority to fully care for the child once the state intervenes. 

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 Posted on October 21, 2021 in Divorce

Financial conflict is one of the most common reasons for divorce in Illinois. Whether one spouse is a spendthrift, is chronically unemployed, or the stress of managing a household’s finances is simply too great, couples frequently get divorced because of money issues. 

Sometimes a couple’s financial problems are so great that they find themselves considering bankruptcy at the same time that they are ending their marriage. In Illinois, the law allows spouses to get divorced and file for bankruptcy simultaneously, but doing so is not necessarily a good idea. In this blog post, we will examine common strategies for combining bankruptcy and divorce, but it is important to speak to a qualified attorney about your questions. 

Should We File for Bankruptcy or Divorce First?  

The extent to which spouses have ended their relationship will have some effect on whether they should file for bankruptcy at the same time as they file for divorce. If you have already moved out and are managing your finances separately, it may affect your ability to file for Chapter 7 bankruptcy and it could be best to wait until after the divorce is over. 

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 Posted on October 19, 2021 in Divorce

Individuals getting divorced in Illinois are often very private about the intimate details of the divorce process and final judgment. This is especially true of high net worth individuals, who frequently have the added concern that their divorce may be of some interest to the public. Whether a couple has a public profile and wants to keep celebrity reporters out of their business, or a private couple wants to avoid a busybody neighbor with a history of spreading rumors, there are many legitimate reasons for wanting to avoid public exposure after divorce.

Unfortunately, fear of embarrassment is usually not a sufficient reason for sealing divorce records. Understanding how these issues are handled and what your options may be is essential to protecting your privacy during a divorce. 

Can You Seal Divorce Records for Privacy Reasons? 

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