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Protecting Your Business During Divorce in Illinois: Key Steps for Entrepreneurs

Oct 16, 2024

Going through a Understanding Marital vs. Non-Marital Property One of the first steps in protecting your business during a divorce is determining whether the business is considered marital or non-marital property under Illinois law. In Illinois, assets acquired during the marriage are generally considered marital property, regardless of whose name they are in. This means that unless your business was started before the marriage or falls under a specific exception (such as inheritance or...

Non-Biological Parents and Custody in Illinois: Legal Options for Stepparents, Guardians, and More

Oct 10, 2024

In Illinois, The Importance of Legal Parental Status in Illinois Custody Cases Illinois family law prioritizes the best interests of the child when making custody decisions. While biological parents are often central to these decisions, non-biological parents—such as stepparents, legal guardians, or adoptive parents—may petition for custody or visitation if they can prove that their involvement positively impacts the child’s well-being. Types of Non-Biological Parents Who Can Seek Custody or Parenting Time Non-biological parents...

Understanding the Role of a Guardian ad Litem in Illinois Custody Disputes

Aug 15, 2024

Custody disputes What is a Guardian ad Litem? A Guardian ad Litem (GAL) is a court-appointed attorney or trained professional whose responsibility is to represent the best interests of the child in a custody dispute. Unlike the parents' attorneys, who advocate for their clients' interests, the GAL's sole focus is on what is best for the child. The GAL conducts an independent investigation into the family situation and provides the court with a report and...

The Ultimate Checklist: Preparing for Divorce and Custody Issues in Illinois

Jul 17, 2024

Divorce 1. Understand Illinois Divorce Laws Residency Requirements: Grounds for Divorce: 2. Gather Financial Documents Income Information: Assets and Liabilities: Monthly Expenses: 3. Plan for Child Custody and Support Custody Arrangements: Parenting Plan: Child Support: 4. Protect Your Assets and Interests Prenuptial Agreements: Marital vs. Non-Marital Property: 5. Seek Emotional Support Counseling: Support Groups: 6. Consult with a Skilled Family Law Attorney Legal Guidance: Mediation and Negotiation: Litigation: 7. Prepare for the Future Post-Divorce Budget:...

Top 6 Actions to Take When Facing a High-Conflict Divorce

Jun 17, 2024

Divorce is never easy, but when faced with a high-conflict situation, the process can become overwhelming and emotionally draining. High-conflict divorces are marked by intense disputes, ongoing hostility, and often involve complicated issues like child custody and asset division. Here are the top six actions to take when facing a high-conflict divorce in Illinois. 1. Secure Legal Representation Immediately The first and most crucial step is to secure experienced legal representation. High-conflict divorces often involve...

Navigating Divorce in Illinois: A Comprehensive Guide

Jun 7, 2024

Divorce Understanding the Grounds for Divorce In Illinois, divorces can be granted on both fault and no-fault grounds. However, most divorces in the state are filed on no-fault grounds, which means that the spouses have irreconcilable differences that have led to the breakdown of the marriage. To file for a no-fault divorce, the couple must have been living separately for at least six months. Fault Grounds Although less common, Illinois law also allows for fault-based...

Understanding Child Custody Laws in Illinois

May 15, 2024

Child custody Types of Child Custody in Illinois Illinois law recognizes two main types of custody: legal custody and physical custody. Each type can be awarded solely to one parent or jointly to both parents. Legal Custody Legal custody refers to the right and responsibility to make significant decisions regarding the child's life, including education, healthcare, and religious upbringing. In Illinois, joint legal custody is often preferred, allowing both parents to share in decision-making. However,...

High-Asset Divorce: Navigating Property Division and Spousal Support in Illinois

May 15, 2024

Divorce Inventory All Assets The first step in any high-asset divorce is to create a comprehensive inventory of all assets. This includes both tangible and intangible assets, such as: Real estate properties Investment portfolios Business interests Retirement accounts Intellectual property Luxury items (e.g., cars, boats, jewelry, artwork) Accurately valuing these assets is essential to ensure a fair division. It's advisable to work with financial professionals, appraisers, and accountants to determine the true value of each...

Protecting Your Assets: Prenuptial and Postnuptial Agreements in Illinois

Apr 10, 2024

Marriage is a significant commitment that involves many personal and financial considerations. For couples in Illinois, prenuptial and postnuptial agreements offer a way to protect individual assets and establish clear financial expectations. This guide provides an overview of these agreements, their benefits, and how to create one that meets legal requirements. What Are Prenuptial and Postnuptial Agreements? Prenuptial Agreements A Postnuptial Agreements A Benefits of Prenuptial and Postnuptial Agreements There are several benefits...

The Role of Mediation in Illinois Family Law

Mar 13, 2024

Mediation Understanding Mediation What is Mediation? Mediation is a voluntary process where a neutral third party, known as a mediator, facilitates discussions between disputing parties to help them reach a mutually acceptable agreement. The mediator does not make decisions but guides the conversation and helps clarify issues. Types of Cases Suitable for Mediation Mediation can be used for various family law matters, including: Divorce Child custody and visitation Child support Spousal support Property division Benefits...