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Category - Illinois family lawyer

The Right of First Refusal Can Increase Parenting Time

Posted on August 03, 2017 in Illinois family lawyer
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first refusal, Illinois family law attorneyAs one might expect, the allocation of parental responsibilities—the new name for “child custody” in Illinois—is the most hotly contested topic in many divorces. In recent years, changes have been to the laws regarding such proceedings that were aimed at giving divorced parents more time with their children, if they are in a position to take it. The amended laws created what is referred to as the right of first refusal, and there are some common misconceptions, but is generally seen as a help to most parents.

Know Your Rights

The right of first refusal may be included in a divorce decree itself, or it may be part of a parenting agreement worked out between the parties on their own. The right does not have to be granted to either parent, or it may be granted to both parents if the circumstances are appropriate. A court will take several factors into account when deciding whether or not to grant such a right, including:

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The Legality of Destination Weddings

Posted on August 01, 2017 in Illinois family lawyer
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wedding, DuPage County family law attorneyTravel sites estimate that approximately 20 percent of all U.S. marriages involve destination weddings. They can be an extremely attractive option for many couples, especially if the climate in your hometown is not ideal for the wedding you imagine. However, there can be legal pitfalls if you do not properly research the law in your chosen destination. Symbolic ceremonies are common, but if you plan for your marriage ceremony to be binding and it is not, problems could develop down the road.

What Is Required?

While the specifics will obviously depend on the country in question, many countries require documents which prove that both parties have the ability and the agency to marry. For example, officials may ask for your passport, birth certificate, and a copy of any relevant divorce decree from a previous relationship. It is also possible that they will ask for an Affidavit of Eligibility to Marry or an affidavit of single status. While there is no universally accepted form for this, many consulates do have their own, so it is important to plan ahead.

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ABLE Accounts Could Help Your Disabled Ward

Posted on May 31, 2017 in Illinois family lawyer
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ABLE, Wheaton family law attorneysIn early May 2017, Illinois announced the opening of the statewide ABLE Act Program, billed as a life-changer for those with disabilities. The Achieving a Better Life Experience Act, known as the ABLE Act, was passed by the federal government in 2014, and states were given the opportunity to develop an appropriate program to administer the infrastructure. Illinois’s took some time to complete, but at this point, the program is open and able to receive applications. Naturally, one might wonder if applying is worth the effort. The answer is going to depend on your individual situation, especially if you or another person has guardianship over your disabled loved one.

The Program

Normally, in order to receive Supplemental Security Income (SSI), you must show that you have very few assets of your own, and your total net worth must remain under $2,000. However, as costs of living have risen and insurance companies have cut back on the coverage they will provide, such a limit is not tenable for many, especially families, who may need that supplemental income. For example, it is not uncommon for a disabled person to marry, and then promptly lose their benefits. This happens because his or her spouse’s income is counted among their own assets, as that person’s income is counted among his or her spouse’s assets. Such outcomes are patently inequitable.

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Senior Citizens and Cohabitation Agreements

Posted on September 15, 2014 in Illinois family lawyer
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cohabitation agreements, DuPage County family law attorney, senior companion, cohabitation, cohabiting seniors, legally binding contract, cohabiting couplesWhen people discuss cohabitation, they often focus on young couples who have moved in together as a step before marriage or similar couples who think marriage is unnecessary. However, there is a new demographic now entering into cohabiting relationships with more and more frequency: senior citizens. In fact, according to U.S. Census data reported by The Washington Times, the number of cohabiting seniors has nearly doubled from 2000 to 2008, rising from 1.2 million to 2.2 million.

There are a variety of reasons that seniors choose to live together without opting to enter into a formal marriage. Some seniors who have already lost spouses do not want to replace them, but are still looking for companionship. Cohabitation strikes a balance between those two factors. Other seniors simply do not see the need to formalize their new relationships so late in life. Formal marriages between seniors can also cause problems with social security, pensions, estate planning, and debts from medical care. Still, there is a way for seniors who are living together to legally organize their affairs and their relationship without dealing with a full marriage. These seniors can enter into cohabitation agreements.

Cohabitation Agreements Explained

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