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Recent Blog Posts
The Benefits of an Illinois Real Estate Attorney
Typically, buyers will only think of a real estate agent when looking to purchase a new home. However, real estate agents are less qualified to assess legal terms and processes than attorneys accurately. The benefits of having an attorney present when purchasing a home are varied but substantial. From contract negotiations and reviews to dealing with liens and title searches, not having a real estate attorney may be a big mistake.
Contract and Document Reviews
The amount of paperwork that comes with buying and selling new real estate is substantial. Most of what is written in these contracts can come off as legalese or muddled jargon that may be unfamiliar to anyone without a law degree. A real estate lawyer acting on the buyer’s behalf can help sort through the terms and provide a clear and concise contract, removing the complexity for the average layperson. The buyer will fully understand what is in the contract and what they will be endorsing with their signature. In addition to contract reviews, a real estate attorney can help draft the contract and any other necessary documents required for the transaction.
The Truth About Domestic Violence in Illinois
Violence against anyone can lead to a criminal offense with severe penalties. Domestic violence can include a wide array of potential issues that could damage familial relationships and cause irreparable harm. In some cases, the violence can get so bad that an order of protection may be required to fend off the abuser. An attorney with experience in family violence cases can help you file for a protection order and offer their services in court when the time comes.
What is Domestic Violence?
Illinois considers domestic violence to be physical abuse, harassment, intimidation, personal liberty interference, or willful deprivation of a family or household member. Family or household members include the following:
- Current or former spouses
- Children
- Your child’s parent
When is a Guardian Ad Litem Necessary?
The goal of the Guardian ad Litem (GAL) is to act as a legal advocate on behalf of a ward. The purpose is to protect the ward’s best interests during a court case. A GAL may be necessary in cases where a judge requires information on a disabled or incapacitated child or adult to ensure their best interests in the final decision of a court case. A GAL can be a volunteer, a mental health professional, or a lawyer with experience in helping to determine a child’s best interests.
What is a Guardian Ad Litem Authorized to Do?
Unlike a guardian, a GAL does not have legal authority over a ward. They are only able to make recommendations to the judge on a child’s behalf. A GAL’s job is to help a judge decide what is in a child’s best interest when it comes to their well-being in cases regarding issues like the allocation of parental responsibilities.
Which Accounts Are Considered Marital Property?
All marital property must be divided equitably in the state of Illinois. The court will try to divide marital assets so that both spouses are given a fair and equitable share. Regardless of whose name is on the account, unless there is a premarital agreement stipulation in place, it will be considered marital property.
The following accounts are all considered marital property in Illinois if created after the marriage began:
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Checking, savings, and credit card, accounts
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All joint accounts
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Investment accounts
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Business accounts
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Retirement accounts, such as 401(k)s and IRAs
When uncertain of which accounts are considered marital property, a good divorce lawyer can help you understand the finer points of Illinois law. Contact an attorney to go over any accounts you may have and what you can do to safeguard them from division with your soon-to-be ex-spouse.
5 Important Considerations When Making or Reviewing a Will
A will is a legal document for estate planning that states how you want your property to be distributed after you die. It is important to have a will, even if you think you do not have much property worth distributing. Without a will, the state of Illinois will decide how your property is distributed, according to its laws of intestate succession. This may not be the way you would want your property to be distributed.
Estate planning can be daunting. Thinking about death is not something one would normally choose to do. For assistance with your will, an experienced estate planning attorney is worth consulting. An attorney can help you understand your options and create a will that meets your specific needs.
Who Do You Want to Receive Your Property?
This is the most important consideration in making a will. You can leave your property to your spouse, children, other relatives, or any combination of these. It is important to note that you are not limited to leaving property to your immediate family. You can leave property to anyone you want, including friends, charities, or even pets. However, it is equally important to be realistic about how much property you can afford to leave to others.
Can I Modify Custody After Relocating
If you are divorced and want to move to a different area with your child, you are probably wondering whether you can modify your Illinois parenting plan. Yes, modifications might be possible when you want to relocate, but it depends on the specific circumstances.
In Illinois, the court will consider the following factors when deciding whether to change parenting rights after a parent moves:
- The distance and reasons for the move
- The child's wishes
- The parents' ability to continue to co-parent effectively
Understanding Orders of Protection During and After Divorce in Illinois
Orders of protection (OP) are often necessary to protect sufferers of domestic abuse during and after divorce in Illinois. Here is a more in-depth look at the process for obtaining and enforcing orders of protection in the state and how a divorce lawyer can help:
The Purpose and Benefits of Orders of Protection
Orders of protection aim to prevent further harm by legally prohibiting the abuser from contacting, harassing, approaching, or abusing the sufferer. They provide crucial legal protection when there is a documented threat of physical abuse, emotional abuse, harassment, intimidation, or interference with personal liberty.
OPs can dictate no contact with the victim, require the abuser to temporarily vacate a shared home, and grant temporary custody of children to the petitioner. By imposing restraining conditions, OPs can reduce risk and prevent the escalation of abuse during the vulnerable period of divorce.
Crafting Thoughtful Virtual Visitation Arrangements
One of the hardest things about ending a relationship with the other parent of one’s child is the likelihood that, from now on, that child will divide their time between two households. This kind of arrangement can be incredibly difficult for kids and their parents alike.
Logistical challenges can be tough but, above all, it is the reality that a child cannot see each of their parents – and that each parent cannot see their child – each and every day that renders shared child custody and parenting time arrangements so emotionally wrenching. Thankfully, living in the Digital Age has its benefits. And one of those benefits is the opportunity for co-parents and their children to engage in regular virtual visitation.
What Is Virtual Visitation?
Virtual visitation is the process of connecting a parent and their child when their child is not currently residing under their roof. Video chats, email, texts, phone calls, story time apps, and even simultaneously gaming online can connect parents with their kids, but postal mail and other forms of non-electronic connection can also be part of a virtual visitation approach as well.
What Is a Parenting Plan?
Not so long ago, it was commonplace for one parent to retain sole or primary physical custody of a child, while the child’s other parent received joint legal custody and visitation rights. Nowadays, courts broadly recognize that most children benefit from co-parenting arrangements in which each parent – assuming that they are fit, are eager to act in their child’s best interests, and are capable of healthy co-parenting – benefits from significant parenting time and relatively equal decision-making authority. In order to manage the ins and outs of such arrangements, the courts now insist on the creation of parenting plans in most child custody cases.
Setting Legally-Enforceable Expectations
Parenting plans function as court orders that govern the terms of a co-parenting arrangement. A family’s particular parenting plan can outline the rights and responsibilities of each parent, as well as forms of recourse available to them in the event of a breach. While parenting plans may be created – as well as modified – by the mutual consent of a child’s parents, these documents and their modifications must be approved by the court to have legal effect. In the event of a contentious dispute wherein parents cannot agree to the terms of an original plan or modification, the court will make a ruling in the best interests of the affected child.
Why You Need to Clarify Your Divorce-Related Priorities First
The process of ending a marriage tends to inspire emotional, financial, social, and practical challenges. As a result, it is easy for this period of life to become overwhelming. Oftentimes, individuals who are navigating divorce can get caught up with whatever pressing issue is affecting their experience most profoundly and immediately. Only after time has passed, does it become easier to see that they may have spent a great deal of time missing the forest for the trees in ways that have impacted their future. Therefore, it is a good idea for individuals who are starting to navigate the divorce process to clarify their priorities as soon as they possibly can.
Fighting (Only) the Good Fight
The primary reason why it is so important to set your priorities at the start of the divorce process is that, in doing so, you will be empowered to pick your battles in informed ways. Only you can know whether digging your heels in concerning certain assets, a specific child custody arrangement, detailed parenting plan terms, etc. is worth your time and energy. Once you know which fights are worth fighting, you can direct your efforts accordingly and reserve the remainder of your energy for building the next phase of your life.
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