Posted on May 21, 2020 in Guardianship

It has often been said that the only two things in life that are certain are death and taxes. While this is true, there is also one other thing that is certain: everyone gets older and will eventually need assistance with daily tasks and/or making decisions. When that time comes, it is important to have the correct legal documents and orders in place, such as a guardianship or power of attorney, in order to protect yourself and maintain a good quality of life.

Powers of Attorney

A power of attorney (POA) is a legally binding document that gives a designated person (referred to as your "agent") the ability to act on your behalf if you become incapacitated. There are two types of power of attorney. Power of attorney for healthcare allows a person to make decisions about medical care or other personal needs, while power of attorney for property allows a person to make decisions about financial matters and the property or assets you own.

Continue Reading ››

 Posted on May 18, 2020 in Divorce

Depending on where you are in your divorce proceedings, you may not have given much thought about what will happen after everything is said and done. The divorce process usually consumes all of your attention and energy, leaving you little to none to devote to focusing on the future. Most people who file for divorce have a general idea of how the process works, but what they do not know is what happens after everything is over. Life after divorce can be intimidating, but you should also think of it as the beginning of the rest of your life. You may be surprised at what the next chapter holds

Expect the Unexpected 

Going through a divorce under any circumstances can be life-changing, but may also be a fresh start. Here are a few things that you may not be expecting after your Illinois divorce:

• Divorce is a loss. Obviously, you know that getting a divorce involves legally separating yourself from your spouse. However, what many people do not realize is how much of an emotional loss the end of your marriage can be. You are not only terminating the legal relationship between you two, but also your emotional connection, and you may need to take time to process these feelings.

  Continue Reading ››

 Posted on May 13, 2020 in Divorce

At the beginning of your marriage, both you and your betrothed were likely bright-eyed and crazy in love. However, life rarely works out the way you plan. One day, you may find yourself trying to figure out how to tell the person with whom you once wanted to spend the rest of your life that you want a divorce. Unfortunately, not everyone feels the same in the end. Sometimes, the other spouse does not think the relationship is over and does not want a divorce. Even though this can make the legal process of ending your marriage more challenging, you can still obtain a divorce if your spouse refuses to acknowledge your desire for one.

Handling a Spouse Who Refuses to Call it Quits

In the state of Illinois, the divorce process is started when you file a Petition For Dissolution of Marriage with the clerk of the court in your jurisdiction. This officially asks the court to legally terminate your marriage, and it also establishes you as the petitioner and your spouse as the respondent. Once you have filed your petition, you are then responsible for notifying your spouse of your intent to divorce and of the hearing that will be held before the judge. Your spouse has 30 days from the date you filed the petition to file a response to the notice.

Continue Reading ››

 Posted on May 06, 2020 in Divorce

Whether you finally made the decision to leave your spouse, or you are in the middle of your divorce, you may find yourself immersed in a sea of emotions. Even divorces in which you and your spouse are on the same page can be stressful. All of the major life changes that divorce brings can also cause a lot of emotional, mental, and even physical distress. It is important to consider how you can best manage your stress both in the current moment and in the future. Below are a few practical ways to handle the rollercoaster of emotions during divorce:

Give Yourself Permission to Acknowledge Your Feelings

It is entirely normal to feel a range of emotions after you have made the decision to get a divorce. After all, you and your spouse did vow to spend the rest of your lives together at one point. It is important to understand that it is okay to feel sad, angry, depressed, bitter, scared, and even relieved or excited at some points. Allowing yourself to acknowledge and express these emotions is a step toward moving on with the next chapter of your life.

Continue Reading ››

 Posted on April 30, 2020 in Child Custody

When you have children, and you get a divorce, the state of Illinois requires you to decide on and make arrangements for your children’s affairs after the divorce is over. Not only do you have to determine how parenting time will be split between you and your spouse, but you also have to decide on other issues, such as how major life decisions will be made for the kids. The law states that every decision concerning the children in an Illinois divorce should be made in the children’s best interests, but parents may not always agree on these issues. In some cases, the court will intervene and often order an evaluation to be completed before any determinations regarding the allocation of parental responsibilities (child custody) are made.

Continue Reading ››

 Posted on April 27, 2020 in Collaborative Law

What is the first thing that comes to your mind when you think of divorce? You probably think of a couple who is frustrated, upset, or hostile toward each other, in and out of courtrooms, and fighting over every single little issue. While it is true that some partners can be very stubborn and combative, many spouses are not that adversarial with one another. In fact, the majority of divorces only require one courtroom visit, which is to have a judge finalize and sign your divorce decree. Depending on your relationship with your soon-to-be ex-spouse, you may be able to benefit from the collaborative divorce process.

What Is a Collaborative Divorce?

In a traditional litigated divorce, each spouse retains his or her own attorney who is present to advocate for his or her best interests. First, the lawyers attempt to conduct negotiations privately, but if there is too much disagreement between the spouses, then the proceedings are taken to court, where a judge determines the outcomes of the matters that need to be resolved, including the division of property and child-related issues such as parenting time.

Continue Reading ››

 Posted on April 22, 2020 in Divorce

Divorce is a major event that can change nearly every aspect of your life. Unsurprisingly, this is why divorce is considered the second-most stressful life event you can go through, while dealing with the death of a family member or friend is typically number one. During a divorce, emotions can run wild, changing the personality and demeanor of even the most steadfast people. It is easy to make mistakes during your divorce process because of this, but it is crucial that you try to avoid making the following mistakes whenever possible:

1. Do not try to “DIY” your divorce. Although it is possible to get a divorce on your own without a lawyer, it is not recommended. Divorce is complicated, and an attorney can ensure you are aware of the laws that apply to you and your rights in the decisions involved in ending your marriage.

2. Do not try to hide your assets from your partner or their attorney. Sometimes, people attempt to hide assets from their spouses in the hopes that they will not have to divide those assets during the divorce. However, this is referred to as dissipation, and if you do attempt to hide assets, you can face serious consequences.

   Continue Reading ››

 Posted on April 20, 2020 in Divorce

It can be freeing to finally have your divorce finalized. Changing your marital status from married back to single can have a big impact on many areas of your life. For instance, if you changed your last name when you got married and are now changing it back, you will want to pay close attention to your legal documents and make note of the ones that need attention. Although updating these essential documents may not be your first priority, proactively updating them can save you time and frustration in the long run.

Legal Documentation

Although it may seem like there is a lot of paperwork involved in dissolving your marriage, updating forms can ensure that your rights are protected and you receive everything that you are entitled to. Here are a few important documents you may need to update after your Illinois divorce:

• Will or estate plan: It is always a good idea to update your estate plan and your will throughout your life. The situation that was present when you wrote your will is likely to have changed, especially if you had named your spouse as a beneficiary. Following your divorce, you have the right to remove your ex-spouse’s name from your will.

  Continue Reading ››

 Posted on April 17, 2020 in Divorce

Being a parent means you do everything in your power to give your children the best life possible. Unfortunately, spouses are not always in agreement when it comes to what is best for their children. Having differing opinions is nearly unavoidable, but these differences can get in the way when it comes to creating a parenting plan. If you are getting a divorce, and you have minor children, you and your spouse must draft this legal document, which contains vital information about parenting time and the allocation of parental responsibilities. Disagreements are a part of life, but a knowledgeable divorce attorney can help you resolve many of these issues.

Drafting a Joint Parenting Plan

Before you can finalize your divorce, you and your spouse must have a parenting plan in place. The parenting plan is like a game plan for how you will raise your children after the divorce. The two main components of a parenting plan are the allocation of parental responsibilities (child custody) and the parenting time (visitation) schedule. Your parenting plan should also address issues such as each parent’s decision-making rights, where the child will spend certain holidays and school breaks, how and where parenting time transitions will take place, and how your child will be transported between households.

Continue Reading ››

 Posted on April 14, 2020 in Property Division

By far, one of the things that couples state is the most stressful during a divorce is the financial aspect of the proceedings. When you get a divorce, you and your spouse must come to an agreement as to how nearly everything the two of you own will be divided. This includes both tangible items, such as vehicles and your marital home, in addition to intangible assets and debts, such as bank accounts and credit cards. The courts encourage you to come to an agreement about the division of your property among the two of you, but that is not always possible. If the court must intervene, a variety of factors will be used to determine an equitable distribution of assets.

Dividing Marital Property

If you are like most married couples, you and your spouse probably jointly own most everything. This makes things easier during a marriage, but during a divorce, it can complicate matters. If you and your spouse both have your name legally attached to items such as vehicles, homes, other real estate property, or credit card debt, it may be confusing when it comes to dividing the property. Because many of these items cannot just be split in half, some creative methods are often used to accomplish the division in a fair manner.

Continue Reading ››