FAQs on Guardianship in Illinois

 Posted on March 26, 2014 in Guardianship

Whether the concern is focused on a minor child, an elderly deteriorating relative, or an individual who is disabled, the law of guardianship may be relevant to the situation and can operate to step in and address some concerns while making a difficult situation more manageable. Many may be unaware that such a legal proceeding exists, and those who are aware may still have many questions about the process. Below, you can find some common and general questions about guardianship and some helpful answers to the same.

When is guardianship needed?

Guardianship is necessary when a person is not able to make or communicate responsible decisions about their personal care or finances. This inability is often attributed to a mental, physical, or developmental disability. The fact that a person may be elderly, mentally ill, or disabled does not necessarily mean they need a guardian. It must be shown that the person is also unable to make proper decisions for themselves. The extent of a guardian’s authority regarding making decisions for an incapacitated person is determined by the court after a thorough evaluation and report.

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Can You Prevent Your Spouse from Cheating?

 Posted on March 24, 2014 in Divorce

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Proposed Shift in Custody Law to Shared Parenting

 Posted on March 22, 2014 in Divorce

The end of a marriage is an emotionally tumultuous time. This is especially true when children are involved. The prospect of fighting an ex-spouse in court over the legal and physical custody of shared children is overwhelming for most individuals. It usually represents a dramatic life change, affecting parents and children equally. While a court decision regarding child custody may solidify one parent’s relationship with their child, it could irreversibly damage the other’s. A recent article discussed the damage that this system could have on a family, and why courts should favor a shared parenting approach.

The Reality for Non-Custodial Parents Child custody and visitation schedules often result in one parent missing out on a significant portion of their child’s life. This affects not only the parent, but that entire side of the child’s family. Many times, a non-custodial parent is relegated to just a few hours per week and every other weekend to spend with their child. This is sometimes true even in cases where the non-custodial parent has provided care and been involved in the child’s life from the beginning. This schedule allows for very little quality time, and does not allow for the non-custodial parent’s meaningful contribution to their child’s life, which can prove damaging to both the parent and the child and negatively impact the child’s future relationships. Illinois’ Shared Parenting Bill Illinois House Bill 5425 is a proposal aimed at avoiding the damaging effects of a skewed custody arrangement. Under the bill, parents would have 90 days to reach an agreement regarding shared parenting. If they cannot do so, but are deemed to both be good and fit parents, the bill would guarantee the non-custodial parent be awarded at least 35 percent, and as much as 50 percent, of parenting time per week. The purpose of the bill is to promote equal bonding time between the children and both parents. The exact amount of time awarded depends on the best interest of the child or children involved. Although the bill has not yet been passed, it has gotten strong bipartisan support. Opponents of Shared Parenting While the bill may seem like a good idea, not everyone is behind it. Some say that divorce is a complicated issue and each situation must be determined on a case by case basis. While many child custody cases may support a more even split among parents regarding custodial time, not every case would benefit from the same. Opponents say it is best to leave the matter of ordering custody up to the discretion of the judge, who is in the best position to view the evidence presented and make an appropriate determination. Child Custody Attorney It is imperative to consult with an attorney experienced with child custody and support matters if you are a parent fighting for your children. At Davi Law Group, LLC, our attorneys have had successful results in representing clients in such matters. Please contact us for a consultation. We serve clients in Chicago, Wheaton, and Warrenville.

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Overnight Guests Not a Good Idea for Newly Divorced Parents

 Posted on March 19, 2014 in Divorce

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Prenuptial Agreements: A Taboo Topic

 Posted on March 18, 2014 in Prenuptial and Postnuptial Agreements

Often times, when two people in love are engaged and planning a wedding, planning for a possible divorce is the last thing on their minds. Even if the possibility of a future divorce has crossed their minds, they will likely avoid taking the step of suggesting a prenuptial agreement as doing so may result in not only hurt feelings, but potentially a broken engagement.

 Many people simply do not want to consider the possibility of a divorce down the road when they should be focused on planning for a lifetime together. However, those in the legal field or people who have gone through a divorce may try to convince them otherwise.  Why Agree to a Prenup? Essentially, a prenup is a contract by which two parties set out the terms of a possible divorce before getting married. And, as a recent article states, doing so makes a future divorce much simpler by clarifying the terms in advance. Prenups can clearly set out property division between the parties to a divorce, the length of spousal support and maintenance, and support for any children that may have been born outside of the marriage. Likewise, if any children born prior to the marriage are named as beneficiaries of retirement accounts, a spouse can later challenge the designation unless they agree in a prenup to sign a waiver after the marriage. Prenups may also be considered as a back-up to a will, or as evidence of your intentions in the event that your will is challenged. If your prenup represents an agreement of terms to which your spouse has consented in advance, it makes the success of any future challenge to your will less likely.  Prime Customers Often, it is not young couples marrying for the first time who are concerned with securing a prenup. Rather, it is typically older couples who may have already gone through a divorce and are remarrying who make sure they have a prenuptial agreement this time around. Not only have many older people experienced the complications of divorce first-hand and lived through the emotional and financial burdens associated with the process, but later in life people usually have more to protect. There are situations in which one party has amassed great wealth over their adult years and the other is not as financially stable. A prenup is essentially for guaranteeing that those assets will be protected in the event of a divorce. Prenuptial agreements can also protect one partner from the debt of the other, or they can protect children from a previous marriage.  Preparing a Prenup There are important requirements for preparing a prenuptial agreement that must be followed in order to avoid the agreement later being challenged by one of the parties in court. The following are some notable requirements that must be followed for a valid prenup:

• Full disclosure of assets and debts possessed at the time of the agreement;

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Estate Planning: Making Your Wishes Known

 Posted on March 14, 2014 in Estate Planning

Wills and other estate planning documents can provide for the distribution of assets and the assignment of personal property to loved ones after death. Beyond that, these documents can be as personal and specific as the testator wishes. Many people may not realize the extent of the terms they can include in their will. Often times, as demonstrated by a recent article regarding a celebrity’s will, the thoughts and feelings expressed in a will are particularly trustworthy, as the testator knows they need not be concerned with repercussions at the time their wishes are made known.

Phillip Seymour Hoffman’s Feelings about Hollywood in His Will

The recent death of actor Phillip Seymour Hoffman has been present in the news since he died of an apparent drug overdose in the beginning of February of 2014. Stories covered a number of topics, ranging from his starring roles to the overarching problem of heroin addiction in the United States. Now, a media outlet is releasing a portion of his will relating to the rearing of his children.

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What if My Spouse Refuses to Leave the Marital Home?

 Posted on March 12, 2014 in Family Law

Usually, when a couple decides to divorce, one of them leaves the marital home they previously shared. However, there are times when one spouse will refuse to leave the home despite the other’s demands. In that case, the spouse requesting that the other party leave may be forced to employ Illinois law in order to have their wishes granted.

 Illinois Law

Under certain circumstances, one spouse can force another to leave the marital home. Whether one spouse can force the other out of the marital home will depend on the specific facts of the situation, and if they can prove the necessary elements before the court. Under Illinois law, one spouse can secure exclusive possession of the marital home in two different ways.

 Illinois Marriage and Dissolution of Marriage Act

One way to secure possession of the marital home is to file a petition for exclusive possession under the Illinois Marriage and Dissolution of Marriage Act. The Court may grant the petition and temporarily evict one spouse from the marital home while divorce proceedings are pending, only if the petitioning spouse sufficiently demonstrates that their own physical or mental well-being or the well-being of the children is at risk, or “jeopardized” if the spouse in question stays in the home.

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Same-Sex Marriage in Illinois

 Posted on March 07, 2014 in Family Law

The issue of same-sex marriage has been a frequent topic in the news in recent years. Both federal courts and state courts have made decisions regarding its legality over the last few years, with several states, including Illinois, deciding to make gay marriage legal and issuing marriage licenses to same-sex couples. Now, it is suggested that Illinois may start issuing marriage licenses sooner than expected.

Counties in Illinois Issuing Same-sex Marriage Licenses

This week, Champaign County in Illinois started to issue marriage licenses to same-sex couples. The decision to do so came after a federal judge in Cook County ruled that same-sex couples in that county did not have to wait until this summer to obtain a marriage license, when the new gay marriage law will take effect in the state of Illinois. Cook County was the first county to issue such licenses, and now McLean County is set to follow suit next week, making it the third county in the state to make the same decision.

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What Makes Some Couples Change Their Minds about Divorce?

 Posted on March 05, 2014 in Divorce

The statistics for the rate of divorce across the country are staggering. While different situations lead to divorce, not all couples who initially consider or plan on divorcing actually go through with it. A recent article published by USA Today examines this fact and considers what makes separated couples give marriage another shot.

Research on the Decision to Divorce

The decision to divorce is usually a hard and complicated one. It often begs the question, “Why do people decide to divorce?” and, other times, “Why do couples sometimes change their minds about getting divorced?” According to the article, new research has been done to examine these questions and shows that there is even uncertainty among those couples who have already filed for divorce.

The Economy’s Role in the Divorce Rate

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The Rights of Grandparents in Illinois

 Posted on March 03, 2014 in Visitation

In child custody matters, the child’s parents are not the only members of the family whose relationship with the child will be affected. Often times, there are extended family members on both sides who may be interested in securing time and solidifying their relationship with the child. However, under the law, only certain family members are able to petition the court to do so. Additionally, those who are eligible to petition the court will likely only get their requests granted under certain situations.

Illinois Law for Grandparent Visitation

In Illinois, grandparents have the right to seek visitation of a minor grandchild, provided that certain circumstances exist. Not only is the burden of proof for the petitioner to fulfill greater in a grandparent visitation case than in a parent visitation case, but there are also specific factors that the grandparent petitioner must meet in order for the court to award visitation with the minor grandchild.

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