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?

Guardians ad litem are responsible for investigating all aspects of a case wherein there are questions about which parent should have parenting time or parental responsibilities. To do this, GALs will interview the child and both parents and may also speak with the child’s teachers, neighbors, and religious leaders - anyone who can provide appropriate and helpful information. GALs often investigate a child’s past academic performance and medical history. They will also check both parents’ criminal histories and follow up on any allegations of abuse.

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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.

Obtaining legal guardianship allows an adult to take legal responsibility for the care of a child, making important decisions and taking on the responsibility for providing the child with what they need. This includes day-to-day care, like a child’s hygiene and nutritional needs, as well as long-term needs like their education and medical care. If an older sibling, grandparent, or even uncle or aunt are already caring for a child in these ways, they can continue doing so if they are appointed the child’s legal guardian.

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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?

Illinois law generally works under the assumption that the public’s freedom to access information overrides privacy concerns for individuals regarding public records such as marriage and divorce. This means that anyone can visit the Richard Daley Center in downtown Chicago and look up your public records - and you will never know they did it.

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 Posted on October 14, 2021 in Divorce

Getting divorced touches nearly every part of someone’s life: their finances, their relationships, and their children. It is natural for individuals in Illinois who are considering divorce, especially at a later age, to feel nervous about what could happen to their retirement prospects if they get divorced. Will everything I ever worked for be divided? Does this mean I will never be able to retire?

Although many retirement benefits, such as pension plans and 401(k) accounts will need to be part of the asset division process, social security benefits are uniquely protected by federal law. Illinois divorce courts do not have the authority to handle social security payments. Fortunately, the federal government has clear and established provisions concerning social security benefits following a divorce.

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 Posted on October 06, 2021 in Divorce

High net worth couples getting divorced in Illinois face a particularly challenging marital asset division process. In addition to determining what is and is not considered a marital asset, unique or high-value assets must be valued and divided. One asset, in particular, can be difficult to value and divide: Stock options. Understanding how stock options are typically handled by Illinois law will make it easier for spouses to ensure they get an equitable share of their marital assets.

What Are Stock Options?

Stock options are sophisticated financial instruments that give an investor the right to buy or sell a stock at an agreed-upon price and date. Stock options are often given to employees as part of their overall compensation package. This allows the employee to buy stock in their company after a set period of time, incentivizing employees to remain at a particular company longer and help the company become successful.

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 Posted on September 29, 2021 in Business and Divorce

Nobody knows the value of hard work like an Illinois business owner. Businesses require so much investment of time, money, and personal sacrifice that the prospect of dividing your business in a divorce can be gut-wrenching.

Unfortunately, most business owners face the complications of addressing their business in divorce including assessing its value and determining whether it is necessary or even possible to “buy out” their spouse’s share. Here we will try to answer some of the most common questions by small business owners in divorce. It is important to remember that a qualified Illinois divorce attorney is the best source for information about your divorce.

How Do I Know How Much My Business Is Worth?

Valuing a business is one of the trickiest parts of the divorce process. There are three common methods that are used to determine a business’s value, and a business valuation specialist can help you determine which method is best suited to your situation.

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 Posted on September 24, 2021 in Division of Assets

Even under the best of circumstances, asset division is one of the most difficult and complex aspects of the Illinois divorce process. This is especially true when a couple has a high net worth and has money invested in complex assets that may be difficult to value. Sometimes, one spouse will take advantage of this and hide marital property in an effort to reduce their spousal maintenance or child support payments and to reduce the amount of marital property they have to split during the asset division process. This is unethical and illegal.

Fortunately, there are effective measures available for discovering hidden marital property. Financial experts such as forensic accountants can assist an experienced divorce attorney in the process of finding and valuing marital assets so the asset division process can be done equitably. If you believe your spouse may be trying to hide assets, here are some things you can do.

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