Posted on July 24, 2019 in Mediation

Divorce mediation is a form of alternative dispute resolution that works for many couples seeking to end their marriage but wanting to skip the typical divorce proceedings. This type of alternative resolution becomes somewhat of a conversation between the spouses and a mediator. After the mediator explains the process, they will act as a neutral third-party. The session will typically last a few hours as a group, followed by the mediator meeting with each party individually to speak with them. This will allow the spouse to tell them anything they feel that they left out or any information that they felt uncomfortable sharing with their spouse in the room.

A second session will be scheduled to make final decisions. Issues discussed are uniform to that of a divorce; however, there are supposed to be little to no arguments done in the mediation process. The allocation of parental responsibilities, child support, division of assets, and spousal maintenance are the main topics that are deliberated. The mediator will then draw up the plans based on the conversation between the spouses that lays out their divorce in front of them.

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 Posted on July 18, 2019 in Child Custody

When parents decide to get divorced, the future of their child will be one of their primary concerns. No parent wants to give up time with his or her child, but when a couple splits up, changes to parent-child relationships are inevitable. During their divorce, parents should be sure to understand how Illinois law will affect decisions about the allocation of parental responsibilities.

What Is Parental Responsibility?

In 2016, the word "custody" was removed from Illinois family law and replaced with "allocation of parental responsibility." Another common term, "visitation," was replaced with "parenting time." Parental responsibility includes the right to make decisions for a child, and it is usually shared by both parents in some capacity, unless one parent is seen as unfit. These decisions involve religion, education, medical care, and other important choices a parent makes for a child.

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 Posted on July 18, 2019 in Powers of Attorney

When you hear the phrase "estate planning," you might think of extremely wealthy people meeting with their lawyers and accountants to create wills and trusts that will facilitate the transfer of assets from one generation to the next. However, there is much more to estate planning than just wills and trusts. More importantly, estate planning is not just for those with extensive assets or complicated investments. Every adult should have an estate plan of some sort in place as a measure of protection in the event of a tragedy.

One estate planning tool that is often overlooked or misunderstood is the power of attorney. A power of attorney can be extremely useful in protecting your best interests should the unexpected occur.

Power of Attorney Basics

Using a power of attorney document, a person-called the principal-can appoint another individual to serve as his or her agent in financial matters. Illinois law also recognizes powers of attorney for health care which give agents the authority to make medical-relate decisions for the principals.

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 Posted on July 16, 2019 in Child Custody

Whether the allocation of parental responsibilities determinations are done by negotiating with your spouse or become a “battle” in front of a court, this portion of divorce is often the most difficult. Every parent wants the best for their children, and it can be difficult to figure out what is “best” when you and your spouse are accustomed to co-parenting under one roof. Parenting cases can get ugly even when divorcing couples are on amicable terms.

Common Errors

The determination of your parenting plan is an important part of the divorce process to prepare for. An experienced attorney should warn you of the following mistakes:

1. Talking About the Case with Others: While it may be an instinct to confide in friends, this can lead to your demise in the end. You and your spouse probably still have mutual friends or friends that know each other, and gossip spreads fast. It is important to keep the details of your case confidential to avoid accidentally informing your ex about your defense tactics.
   

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 Posted on July 12, 2019 in Divorce

It is no secret that getting a divorce is expensive. Not only can you lose money in the process, but the time and energy required can also take a toll. A divorce can compromise your finances, so it is important to be smart about money during this time.

During divorce, marital property is divided between spouses, and this property includes all assets and debts acquired during the marriage. When property is divided between divorcing spouses in Illinois, this division should be done in a fair way. This is referred to as equitable distribution. However, each spouse's share of the assets is rarely equal, as decisions about the division of assets are based on many factors, such as the length of the marriage and the couple's standard of living.

The share of marital property that you receive following your divorce may enable you to maintain financial security, but you will likely also want to take other steps to protect your finances. This will help you make sure you will be able to meet your own needs as you move on to the next stage of your life after your divorce has been finalized.

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 Posted on July 11, 2019 in Wills and Trusts

If you have started the process of estate planning, there is a good chance that you have spent some time thinking about how you will distribute your assets among your children, grandchildren, loved ones, and, possibly, charitable organizations. Depending on the size of your family or your circle of friends, it could be quite easy to overlook the pets that might be an important part of your life. Is it possible to look after companion animals like dogs or cats in your estate plan? In short, the answer to that question is yes.

What Are Pet Trusts?

Under Illinois law, a person is permitted to create and fund a trust for the stated purpose of providing for the care of "one or more designated domestic or pet animals." The applicable part of the Illinois Trusts and Trustees Act (760 ILCS 5/15.2) does not specify the types of animals that can be covered, but a series of cases in Illinois courts have set precedents that allow pet trusts to cover dogs, cats, horses, and several other animals. Livestock, such as cows and sheep, are generally not eligible.

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 Posted on July 08, 2019 in Estate Planning

The benefits of proper estate planning cannot be overstated. Drafting a will, trust, or utilizing other estate planning documents puts you in charge of you and your family’s future in a way that nothing else can. Having a comprehensive estate plan also saves your loved ones the burden of making highly personal decisions on your behalf if you are incapacitated or pass away. Many married couples, especially couples with children, recognize the importance of estate planning. However, there are some situations in which one spouse is interested in estate planning but the other spouse does not want to participate. If you are married and interested in gaining the many benefits that come with a comprehensive estate plan but your spouse is disinterested, consider the following tips.

Consider Why Your Spouse Is Not Interested in Estate Planning

Estate planning can bring up many upsetting topics. Wills and trusts deal with what happens to your property upon your death. Advance medical directives dictate how healthcare and financial decisions should be made on your behalf if you are incapacitated through illness or injury. Naming a guardian for minor children forces you to consider who you would want to raise your children if you and your spouse pass away before the children are adults. It is completely understandable that many people would want to avoid these topics – especially if they do not understand the advantages estate planning brings.

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 Posted on June 29, 2019 in Divorce

When most people think of summer, they imagine attending weddings and enjoying time spent with their families. Unfortunately, this is not the case for many couples. According to research conducted by University of Washington sociologists between 2001 and 2015, there is a biannual pattern for divorce. The months of March and August have been found to have high volumes of divorce. While it may seem like a coincidence, there are actually reasons for this spike in ending marriages.

Why the Divorce Pattern?

All relationships are different thus making each divorce case unique. Despite the individuality of each couple, studies have found a few common denominators that may contribute to this seasonal divorce pattern.

1. Post-Holiday Blues: Holiday season is charged with excitement and fun activities to attend. Whether it is Christmas dinner or a Fourth of July barbecue, families spend a lot of time together throughout the holidays. This brings many families together but can also drive some apart. It is common for all of this "family togetherness" to cause emotions to rise and friction to occur. Most couples will wait for things settle down after the holidays before officially deciding to go separate ways.

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 Posted on June 27, 2019 in Estate Planning

If you have started creating your own estate plans or you have recently lost a loved one, you may have heard the term “probate.” This term is used to refer to the legal proceedings which transfers a deceased individual’s assets to heirs. If the deceased person, or decedent, has signed a will before he or she died, the probate courts determine whether or not the will is enforceable and oversee the distribution of the decedents’ assets. If a decedent does not have a will or the will is not enforceable, the probate process is much more involved. Because it can often be time-consuming and expensive, many people try to avoid probate through careful estate planning.

What Happens During Probate?

The probate process differs from estate to estate depending on several factors. If the decedent had a will, the judge will ensure that the will meets the criteria required by Illinois probate law. Wills must be written and signed by the deceased person. If evidence exists to suggest that the deceased person wrote their will under undue influence or that the will is fraudulent in some way, the will may be invalidated.

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 Posted on June 25, 2019 in Divorce

When a married couple decides to get a divorce, a child under the age of 18 is directly affected. In Illinois, the parental responsibilities for a child are allocated between parents during divorce. The living situation of a young child may change as well, since parenting time is also split between each parent. However, once a child becomes an adult and has moved out of the house, the parents' divorce may not change his or her day-to-day life, but it can still have a significant emotional impact. It is important for parents to communicate with their adult child throughout their divorce proceedings, and this can help all family members make as smooth a transition as possible.

Tips for a Positive Relationship With Your Adult Child

Parents may assume that an adult child will be unaffected by divorce. In fact, a child of any age who is watching his or her parents get divorced is still likely to face a variety of challenges. When living away from home, a divorce may come as a shock, and a child may struggle to adjust to the changes. Although an adult child can, in theory, process the trauma of divorce better than a young child, he or she may not want to deal with the emotional baggage, and this can cause relationships between parents and children to suffer.

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