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Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

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Oak Park family law attorney prenuptial agreement

The idea of signing a prenuptial agreement (prenup) is often thought to be a taboo topic to bring up with your spouse or loved one. Some people may think that wanting a prenup is a sign that you do not trust your soon-to-be spouse, or that you do not see the marriage lasting. While these perceived negatives do exist with regard to prenups, many millennials are still deciding to enter into this legal document. In the past, many couples got married right out of high school or college, with little or no savings or income, and also filing for divorce was considered giving up too easily. But times have changed, and so have views regarding marriage. With many couples waiting to get married until they are in their 30s or even 40s, such individuals often have many more assets to bring into a marriage, making them want to consider entering into a prenuptial agreement.

A Financial Gap

The most common reason that you may have heard of prenuptial agreements is that many celebrities enter into them to protect their assets in case of divorce. While not everyone is a rich and famous celebrity, it is fairly common for individuals to come into a marriage with very different financial situations. One spouse may have a large sum of money in savings, or perhaps he or she received an inheritance from a family member, while his or her partner is not as financially fortunate. Upon getting married without a prenup addressing this kind of a large asset difference, oftentimes most assets will then be considered marital. This could mean that your spouse might be able to receive a portion of your money in the event a divorce occurs. However, if you address this asset gap before the marriage in a prenup, your savings are more likely to be protected and reserved for you.

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Hillside, IL empty nest divorce lawyerIt is a fact of life that children will eventually move on and leave the house when they reach a certain age. For many families, this occurs when kids head off to college, while for others, children may remain living at home for longer. Regardless of when the kids leave, it is not uncommon for parents to feel a sense of loss and uncertainty when their children move out. 

For many couples with children, their kids can become their whole life. Mornings may involve serving breakfast and packing lunches before kids head off to school, weeknights may be focused on helping with homework, and weekends can be all about sports tournaments and other activities. However, what may seem like chores and responsibilities can be sorely missed when they disappear from your everyday schedule. When these tasks vanish, and you and your spouse have more time alone with each other, it can be beneficial for your relationship, or it may expose unresolved conflicts and difficulties, which might result in a divorce.

When Is Divorce Necessary After Children Leave the Nest?

It is common for couples to experience a strong sense of loss when their children move out. For some parents, “empty nest syndrome” can make them realize that the only thing keeping their marriage together was their kids. If you are wondering whether divorce might be your best option after your children have left home, you may want to consider the following:

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Hillside, IL legal guardianship attorneyThe day that a child must become a parental figure for their own parent is not a day that anyone looks forward to. While you may not be parenting in the sense of teaching them right from wrong or watching them grow up, you may reach a time in which you need to step in because your parents or other loved ones are unfit to take care of their own affairs. Becoming your parent’s legal guardian can be a difficult task, but it may be necessary in some situations. In some cases, a legal guardian may also need to be named for a disabled person, and this kind of guardian does not have to be related to the disabled person to be named as their guardian. 

It is important to understand what this new role of being a guardian entails. There are a number of different types of guardianships, each of which allots different responsibilities to the guardian. The person a guardian provides care for is known as a ward. Depending on the level of competency of the ward, as well as their needs, the duties and responsibilities of a guardian may vary. The following are the common types of guardianships granted in Illinois:

Full Responsibility or Limited Power?

  1. Plenary Guardianship: This is the general name for a guardianship. These guardians have the most responsibility, and they may manage not only the ward’s estate, but also their physical needs. These individuals are granted all of the possible powers and duties by the court.
  2. Limited Guardianship: These guardians do not have as much control over the ward’s affairs. For those granted a limited guardianship, the court will decide what powers the guardian has, depending on the ward’s needs and ability to care for themselves. This is done to ensure that the guardian is not given power over the ward in areas that are not necessary.
  3. Temporary Guardianship: Not every ward needs a guardian indefinitely. In many situations, an individual may only need assistance because of an emergency but is otherwise capable of handling themselves. Typically, temporary guardians are put in place if the ward’s previous guardian has died, or if the court has yet to appoint a guardian but has reason to believe that the individual needs one for their immediate protection. Temporary guardianships can last up to 60 days, but such guardianships may be extended beyond that if necessary. 

What Responsibilities Will a Guardian Have?

  1. Guardianship of the Estate: This means that the guardian would be in charge of the ward’s legal and financial affairs. This includes managing all of their finances, properties, and assets.
  2. Guardianship of the Person: These types of guardianships are for persons who are incapable of physically taking care of themselves. These guardians will make decisions regarding the ward’s physical care. This can include making healthcare decisions and choosing where they will be living based on their physical needs.

Call an Oak Park Family Law Attorney

As explained above, there are a number of different types of guardianships, and it can be difficult to determine the level of care and attention that your loved one needs. This can be an emotional decision to make, and it can significantly alter the everyday life of both the guardian and the ward. The Law Office of Vincent C. Machroli, P.C. works to help all of our clients protect their loved ones or be protected themselves. Whether you are the one in need of a guardian, or you seek to be the guardian for a loved one, our guardianship attorney, who has been skillfully handling guardianship matters for over 32 years, can assist you in establishing a guardianship arrangement that meets your needs. Contact our Hillside guardianship lawyer at 708-449-7404 for a free consultation.

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Hillside paternity attorneyMany families take the concept of “paternity” for granted, assuming that the identity of the father is assumed and not under consideration. However, some families do not have this luxury. When parents are unmarried at the time of their child’s birth, the father will not always be automatically assumed to be the child’s legal parent. From a parenting standpoint, this may not be an issue for the mother, but there are many benefits that come along with legally recognizing a child’s father.

Benefits of Establishing Paternity

Legally naming a person as a child’s father can have both emotional and financial benefits. On the personal side of things, most children want to know their biological parents, whether they openly express this or not. Not knowing their father’s identity can leave a lingering question in the back of their minds. Some mothers or children may fear that knowing a father’s identity requires the child to have a relationship with him. However, even if a child does not want a  relationship with their father, it can still be beneficial to know who they are to resolve this internal questioning.

Financially, every child has a right to receive support from both of their biological parents. Children are entitled to child support to ensure that their ongoing needs are met. Depending on their father’s occupation and insurance coverage, children may also be eligible to receive health insurance benefits. Children are also eligible to receive any Social Security benefits, Veteran’s benefits, or an inheritance upon their father’s death.

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Oak Park, IL parenting time lawyer

If you are going through a divorce, you will need to make a variety of difficult decisions involving the separation of your life, your finances, and your property from your spouse. While this can be a lot to deal with, the situation can become even more complicated if you and your spouse have children, because both of you will need to address the allocation of parental responsibilities (formerly known as child custody in Illinois), as well as parenting time (formerly known as visitation), and the decisions about these issues will be written down in an agreement known as a parenting plan, which will be part of your divorce decree. When creating a parenting plan, it is important to work with an experienced family law attorney to ensure that your parental rights and your child’s best interests are protected.

Creating a Parenting Plan

A parenting plan is a legal document that addresses the responsibilities that each parent will have during a child’s upbringing. These responsibilities include making decisions regarding the child’s education, religion, healthcare, and extracurricular activities, and the authority to make decisions in each of these areas may be shared by the parents, or allocated to one parent. Furthermore, a parenting plan will specify where the child will live, the schedule of each parent’s parenting time, and the rules regarding transportation. It may also include the right of first refusal to ensure that a parent will be able to care for their child if the other parent is unavailable during his or her scheduled parenting time.

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