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Recent Blog Posts
When Can Out-of-Court Negotiations Be Used in Consumer Disputes?
Disputes between businesses and consumers are common, and while civil litigation can be one option for addressing these issues, lawsuits can be time-consuming and costly. Out-of-court negotiations provide an alternative way to resolve these kinds of issues, while possibly helping preserve important relationships.
Understanding when and how negotiations can be used is crucial for both businesses and consumers. An experienced Illinois alternative dispute resolution attorney can provide guidance on how to negotiate civil disputes, while protecting your interests.
Types of Business/Consumer Disputes
Some common types of disputes include:
Product Defects and Warranty Issues
When a consumer buys a product that does not work as advertised or is defective, they may seek to recover their losses. Disputes may also arise regarding whether a product is covered under a warranty, and/or if repairs or replacements must be provided to the consumer.
Can I Try to Settle All the Issues in My Divorce Case Through Out-of- Court Negotiations?
While the process of ending your marriage through a divorce can be challenging, it is best to try to avoid a contentious court battle. By negotiating a settlement outside the courtroom, you can save time and reduce stress, and you will be more likely to achieve an outcome that will benefit both you and your spouse. To determine the best ways to resolve divorce-related issues as amicably as possible, you can work with an experienced divorce attorney who can advise you as to your legal rights and options, as well as assist in negotiating a settlement that will meet your needs.
Issues to Address in a Divorce Settlement
As you work to complete the divorce process, you will need to address various legal issues, including:
Division of Marital Property
What Are the Benefits of Creating a Living Trust?
During the estate planning process, there are a number of documents that can be obtained to protect one’s assets and reflect one’s decisions about how matters will be handled at the end of a person’s life, as well as after their death. Living trusts are some of the most powerful estate planning documents, as they offer numerous benefits to both the trustee and the beneficiaries.
Understanding how a revocable living trust works and the advantages it provides can help families make informed decisions about estate planning topics. An experienced estate planning attorney can provide guidance on the available options, the best solutions, and the steps that will need to be followed when creating trusts or other estate planning documents.
What Is a Revocable Living Trust?
A trust is a legal document that places assets under the control of a trustee, who usually is the person that obtains the trust, and provides instructions for how assets should be distributed to specific beneficiaries. With a living trust, a person may serve as the trustee and maintain control of his or her own assets. Since the trust will be revocable, its terms can be modified at any time.
How Is a Business Valuation Performed During a Divorce?
There are numerous financial topics that will need to be addressed during the divorce process. If either spouse is a business owner, or if both spouses founded or acquired a family business together, business assets may be some of the most significant financial matters to address.
Determining the value of a business is crucial to ensure that all marital property can be divided fairly and equitably. An experienced divorce attorney can provide valuable assistance during the business valuation process, while at the same time advocating for solutions that will protect their client’s financial interests.
The Importance of Business Valuation
In Illinois, marital property must be divided equitably between divorcing spouses. To ensure a fair and equitable division, all assets acquired during the marriage, including businesses, must be properly valued. Valuing a business accurately is essential for several reasons:
How to Deal With Intentional Financial Harm During a Divorce
Divorce can sometimes bring out the worst in people. Due to the strong emotions that spouses might experience due to the breakdown of their marriage, they may lash out at each other in various ways, and in some of these ways, actions taken by one spouse can cause serious harm to the other.
In some cases, this behavior can affect a spouse financially, and they will need to determine what steps they can take to protect themselves. A skilled family law attorney can provide valuable legal help in these situations, providing guidance on the remedies that may be available to address the dissipation of marital assets.
Ways a Spouse Can Intentionally Cause Financial Harm
Intentional harm during a divorce can manifest itself in various ways, including:
Destroying Property
One spouse may damage or destroy marital property out of spite. They may intentionally destroy items that they know have a sentimental value for the other spouse, or they may damage property such as a vehicle, with the intent of making life more difficult for their former partner.
In Illinois, What Expenses Are Covered by Child Support?
When parents choose to end their relationship through a divorce or a legal separation, a child support Court Order will often need to be obtained to ensure that children’s financial needs are being met. In Illinois, the law provides clear guidelines on how child support will be calculated. However, these guidelines provide for what is known as a “basic child support obligation,” and additional expenses may also need to be addressed.
An experienced family law attorney can provide a parent with the necessary information about how an appropriate amount of child support will be determined, while also offering legal expertise to ensure that divorce and family law topics will be handled correctly.
What Does Basic Child Support Cover?
In Illinois, the basic child support obligation is designed to cover the essential needs of the child. This obligation is calculated based on the incomes of both parents and the number of children being supported. In cases involving “shared parenting,” when children will have near-equal amounts of time with each parent, the specific division of parenting time may also be factored into these calculations.
What Topics Will Be Addressed in an Illinois Parenting Plan?
When going through a divorce or legal separation, parents of minor children will need to consider a variety of topics related to child custody (now called “parental responsibilities” under Illinois law).. It is important to make sure these matters are addressed correctly, since the decisions made can affect parents and children for years to come.
During the legal process, one of the most crucial tasks will involve producing a parenting plan that addresses the well-being of a couple’s children. An experienced family law attorney can ensure that a divorcing couple’s parenting plan aligns with Illinois law, while also safeguarding the best interests of the children.
What Is a Parenting Plan?
Divorcing spouses will frequently negotiate a divorce settlement, which will include a parenting plan that addresses various child custody issues. For unmarried parents who are separated, a parenting plan will be created during their child custody case. In Illinois, such parenting plans are mandatory, and must be submitted for court approval to ensure that the children's best interests are prioritized.
How to Create a Valid and Enforceable Prenuptial Agreement
There are some situations in life where personal relationships and the law will intersect. This is true with marriage, which is not just a romantic relationship, but also a legal partnership. Married spouses’ lives will be linked together, and, as a result, the 2 parties will have certain rights and obligations. A prenuptial agreement can serve as a pragmatic foundation for a marriage, ensuring clarity and fairness for both parties right from the beginning.
While a prenuptial agreement (commonly known as a “prenup”) can provide a legal framework for a couple’s partnership, it may not necessarily affect a couple unless they choose to get a divorce in the future. Creating a prenuptial agreement that is legally valid and enforceable can ensure that the interests of both spouses will be protected if their relationship ever breaks down. An attorney with experience in divorce and family law can help ensure that the terms of a prenup accurately apply to a couple’s situation, and will be enforceable should the need arise.
Benefits of Creating a Prenuptial Agreement Before Marriage in Illinois
When couples are swept up in the romance of engagement and wedding planning, the idea of discussing financial matters and considering the prospect of a possible future divorce may seem far from appealing. However, entering into a prenuptial agreement before marriage can provide both parties with a sense of security and clarity. This legal document, crafted with the assistance of an experienced family law attorney, can help couples address financial matters and other important issues proactively, setting a foundation for open communication and mutual understanding in their marriage.
Understanding Prenuptial Agreements
A prenuptial agreement, often referred to as a "prenup," is actually a type of contract that a couple may enter into before they get married. It can outline the ownership of their respective assets, as well as how they will be divided in the event of a divorce or the death of one partner. Working with an experienced family law attorney to create this agreement ensures that both parties' rights and interests will be protected. A skilled family law lawyer can help ensure that the agreement is fair and legally enforceable, while also addressing any concerns that either spouse may have and providing clarity on how different matters will be handled in the event of a divorce.
Can Spousal Support Be Permanently Payable After an Illinois Divorce?
Getting a divorce can not only be difficult from an emotional standpoint, but it can also involve multiple financial issues. Among the many subjects that may arise, spousal support— also referred to as alimony or maintenance—may be a crucial aspect of post-divorce financial stability for both spouses. For those who are getting divorced in Illinois, understanding the nuances of the subject of spousal support is vital. In cases where spousal maintenance may be awarded by the court, spouses may be unsure whether this support will be paid on a temporary or permanent basis. An experienced family law attorney can help ensure that all issues related to spousal support will be dealt with correctly, while also addressing any other divorce-related concerns.
Understanding Spousal Support in Illinois
Spousal maintenance is designed to mitigate the economic impact of a divorce by providing financial assistance to a spouse who earns less, or who might not be financially self-sufficient after the end of their marriage. Spousal support is not ever automatically granted. Eligibility for maintenance will be determined based on a careful review of all of the circumstances relevant to each case.
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