Posted on January 31, 2022 in Estate Planning

More and more modern couples are choosing not to marry. Each couple has their own reasons for making this decision. Some feel that they do not need "a piece of paper" to demonstrate their love and commitment. Others simply are not comfortable with the idea of marriage. However, there are certain legal protections that marriage offers in the event that one spouse becomes incapacitated or passes away. Spouses almost automatically inherit from each other in the absence of an estate plan, and will likely be called upon to make medical decisions for each other when necessary. Unmarried couples do not enjoy these protections.

Fortunately, there are ways other than getting married for committed couples to protect each other. Through a little careful estate planning with the help of a qualified attorney, unmarried couples can set in place largely the same safety nets that married couples are granted. It will likely cost much less than a wedding.

What Documents Should Committed but Unmarried Couples Have in Place?

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 Posted on January 25, 2022 in Estate Planning

When you think of estate planning, you probably think of wills and trusts - the ways people decide how their property should be distributed after they pass away. This is known as testamentary planning. It is a very important goal of estate planning. However, there is another side of estate planning that addresses what will happen to both you and your belongings later in life should you one day lose the capacity to make your own decisions. This is known as incapacity planning. A comprehensive estate plan will involve both testamentary planning and incapacity planning.

What is Testamentary Planning?

Testamentary planning is the classic form of estate planning. During this process, you will decide who should receive your property when you are gone. The two most common instruments for testamentary planning are wills and trusts. In modern times, trusts are increasingly becoming the preferred vehicle for transferring assets. They offer a number of advantages, most notably by allowing you to bypass probate.

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 Posted on January 24, 2022 in Child Custody

Even after going your separate ways in an Illinois divorce, your ex will still have a significant impact on your life when you share children. For many divorced couples, raising children after a divorce is a very challenging issue, and finding an arrangement that works can be frustrating and time-consuming. When parents struggle to work within traditional parenting agreement constructs, it may be helpful to get creative and turn to alternative methods of co-parenting. Depending on your needs, one of these three unique co-parenting methods may be helpful.

Parallel Parenting

For some couples, every point of contact is a fight waiting to happen. When one or both parents are uncooperative or hostile towards each other, they risk constantly exposing their children to conflict. To protect the children from the psychological damage this can cause, parallel parenting offers co-parents an opportunity to treat parenting as a business enterprise. Couples who use parallel parenting strategies only communicate when absolutely necessary, and will usually do so with designated communication channels like a special email address. If you choose to use parallel parenting, be sure to include as many details as possible in your court-approved parenting plan. That way, when issues arise, you already have solutions and can avoid further conflict.

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 Posted on January 21, 2022 in Divorce

Pets of all kinds are often loved and cared for as another member of the family. Children who grow up with a dog or cat in the home may have known that animal their entire lives and feel very attached to it. So when a couple decides to get divorced, the issue of how to manage the family pet can become quite contentious. Spouses often want to know who will get to keep the pet, how such a decision will be made, and who will pay for the expenses of caring for the pet in the future. If you are getting divorced and wondering what will happen to Fido, read on.

Does Illinois Have Pet “Custody” Laws?

Illinois law recognizes that people love their pets and want to give them the best possible life, even after divorce. Although pets are technically still considered property under Illinois law, a pet cannot be “divided” the same way another asset, like a bank account, could be divided.

Pet parents cannot enter into pet custody proceedings quite the same way as they can for children, but the law does distinguish between a dog or cat and a piece of jewelry or a car. If a pet-mom owned Fido before getting married, Fido will likely be considered personal property and will go with her after the divorce. If a couple got Fido during their marriage, he will likely be considered a marital asset and Illinois courts can consider the well-being of Fido when making decisions about who he will belong to or spend time with. However, there are exceptions to these general rules.For example, if one spouse has been responsible for caring for Fido and has a stronger relationship with him than the other spouse, that spouse who cares for Fido will likely get ownership. Pictures, videos, and receipts can all illustrate which spouse cared for a pet and may be useful if a spouse is seeking full ownership.

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 Posted on January 14, 2022 in Family Law

Every day, men and women all over Illinois deal with domestic violence. Fear of an intimate partner or relative can have serious negative consequences on a victim’s mental health, to say nothing of the physical dangers of living with a violent person. Sometimes, victims want to leave their situation but fear their abuser will pursue them wherever they go - even if they leave the state.

Fortunately, Illinois law recognizes the importance of protecting victims of domestic violence and offers Orders of Protection for men and women who want legal help. If you are living in fear of your abuser, you have options. There are many organizations that help domestic violence victims escape dangerous situations and an experienced Illinois attorney can help you file for an Order of Protection when necessary. To learn more about Orders of Protection and how they work across state lines, read on.

The Violence Against Women Act

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 Posted on January 12, 2022 in Divorce

Every day, there seems to be a new kind of digital asset making the news. Cryptocurrencies like Bitcoin and non-fungible tokens are just two examples of digital financial assets that we commonly associate with money. But other digital assets must be divided as well - personal photos and videos that exist on each spouse’s phone, streaming accounts, and even purchased media like downloaded videos all need to be dealt with. During the Illinois divorce process, all marital assets must be divided fairly - even the ones that only exist on the internet. If you are getting divorced and wondering what will happen to your digital assets, read on.

Pictures, Videos, Movies, and Streaming Services

Couples can spend thousands of dollars on downloaded videos, games, and other online entertainment over the course of a marriage. If a couple has amassed a valuable digital library of content, this will need to be divided in the divorce decree. Because online content is usually associated with a specific account and these accounts must only be owned by one partner after the divorce, spouses will need to agree about how to split them.

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 Posted on January 06, 2022 in Divorce

One of the most damaging parts of divorce is the impact it can have on a family’s finances. Even for two adults without children, splitting a household can cause enormous financial upheaval. While getting divorced does not directly affect things like your credit score or your salary, your financial situation following a divorce is likely to be affected in some surprising ways. Here are four things to watch out for.

Your Car Insurance Rates May Go Up

Just as getting married can indicate stability and lower your car insurance rates, getting divorced indicates a person with a greater risk profile, leading car insurance companies to raise premiums for divorcees. Although the difference is not likely major, factor this in as you plan your post-divorce finances.

Your Credit May Suffer Even if You Make Timely Payments

Whether debt is in your name, your spouse’s name, or both, when it comes time for divorce, creditors will still want their money. As long as a loan was taken out during a marriage and benefited the relationship, it will likely be joint debt and both parties can be given responsibility for paying it off. But beware - if your spouse is supposed to make payments on a joint credit card and does not, your credit score can suffer even if you make your share of the payments on time.

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 Posted on December 30, 2021 in Divorce

Although many divorcing spouses look forward to the finalization of the Illinois divorce process in the hope that they will start a new life and things will be easier, the difficult truth is that for many people, finalizing a divorce is the beginning of challenges – albeit a different set of them. But that does not mean that life after divorce cannot be meaningful and healing. If you are in the final stages of your divorce and are looking to start the near year on a positive note, here are some helpful tips to help you move forward.

Do Not View Your Marriage, Or Yourself, as a Failure

Many divorcees view their marriage as a failure, but there are many things throughout life that do not work out. Rather than beating yourself up, try to understand that divorce happens to many, many people and remember your marriage as one part of a long life.

Ask Yourself What You Learned

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 Posted on December 30, 2021 in Estate Planning

Estate planning should always be done with care. It is important that wills, trusts, and other testamentary instruments are written and executed correctly - when it counts, you will not be there to explain what you meant to do in your estate plan. There are a handful of common mistakes and oversights people sometimes make in the course of building an estate plan. Unfortunately, estate planning errors can sometimes have serious consequences. It is best to consult a skilled lawyer when you are ready to begin the estate planning process. Having an attorney assist you can be an excellent way to avoid what could be a costly mistake.

What Are the Top Mistakes Illinois Residents Make in Estate Planning?

It is important to make sure that you are aware of and understand all the options you have before you start signing off on an estate plan. You should be aware of these common mistakes:

• Trusts - Not taking advantage of a trust when one could benefit you can be an expensive error. Many people are more familiar with wills, and may think of them as the default estate planning tool. Some erroneously believe that trusts are for those with high-value estates, but this is no longer the case. Trusts now work well for most estates, and their probate-skipping properties can save your beneficiaries a lot of money in the end.

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 Posted on December 27, 2021 in Divorce

Even as Illinois family law has been updated to reflect the changing and modernizing circumstances many families live in, the law still protects spouses who have stayed out of the workforce to raise children or keep a home. Many couples still choose this path together and, following a divorce, the spouse who gave up employment opportunities to raise children may receive spousal maintenance (alimony) while he or she becomes financially independent.

Although most people do not willingly take advantage of their spouse, some individuals will deliberately remain employed or underemployed as their spouse financially supports them. This can cause financial problems during a marriage, and it can also pose serious difficulties during divorce. If you are considering divorcing your unemployed spouse, here are some important things you should know.

Can a Person Be Ordered to Pay Their Spouse’s Attorney’s Fees?

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