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The Process and Cost of Filing for Bankruptcy in Illinois

If you are living hand to mouth, even though you have your own business in Elgin, Illinois, filing for bankruptcy can relieve you of your burden. However, the decision to do so should only be made if it is the best course of action, which includes resolving your financial issues. While it can give you a fresh start, it is a legal procedure and it does not exempt you from child or other domestic support obligations. On the other hand, by filing for bankruptcy, you can stop your creditors in their tracks until all your other debt is taken care of... Read more

Illinois Landlord/Tenant Rights You Need to Know

According to the Illinois Landlord and Tenant Act, both have rights, which can ensure they are legally protected in case of a dispute. If you think yours are being violated – either as a landlord or tenant, go through this list first before filing a lawsuit: Rights and Responsibilities of Tenants If you are living as a tenant in Elgin, Illinois, you should: Pay rent on time and ensure the unit you are renting is kept clean and undamaged Take care of any damages it sustains while you are staying there Pay the utility bill on time if you are r... Read more

What You Need to Know About the Illinois Power of Attorney Act

Have you ever wondered what would happen to your estate and assets if you become incapacitated or you pass away? Can you say for sure your estate and assets will go to your loved ones or family members? A power of attorney can prove invaluable – especially if you plan on making a will. He/she can ensure the items mentioned in your will legally go to designated members or loved ones. What Is a Power of Attorney? According to the Illinois Power of Attorney Act, a power of attorney is an individual you assign as your representative to manage... Read more

How Property Is Divided During a Divorce in Illinois

A divorce can be a messy and heartbreaking event. Naturally, the last thing on your mind is who gets to keep what. This is where a court of law will step in. This can be a good or a bad decision – depending on your contributions, but an experienced divorce attorney can make sure you get what is rightfully yours. How Are Assets Split During a Divorce? Under Illinois laws, ‘property’ includes financial assets such as brokerage accounts, investments and physical assets such as properties. Before the judge reaches a verdict as to how thos... Read more

Determining Parenting Time and Responsibilities in Illinois

Divorce can take a toll on the entire family, but the children are the real victims during a divorce. However, a well-maintained parenting plan can give them the emotional stability need to accept their situation in a healthy manner. Simply put, a parenting plan is a document divorcing parents must draft to determine who will make decisions for the children and how they are to be implemented. This is what is determined in a parental responsibilities case (the term ‘custody’ case is no longer used in Illinois). Some of the things that should... Read more

What You Need to Know About the Probate Process in Illinois

Whether you draft a will or not before you pass away in Elgin, Illinois, your estate will go through probate afterward. Usually, it is supposed to be distributed through a will, but if you fail to make one before your death, the state will decide how it should be distributed. Basically, the process decides whether all valid taxes and debts were paid or not by the deceased and clarifies who inherits their properties. What Goes Into the Probate Process? If you don’t have an executor, a court appointed executor will handle the process. Here are ... Read more

Factors a Judge Considers to Determine Spousal Maintenance

In Illinois, both spouses in a disputed marriage are responsible for providing spousal maintenance and gender has nothing to do with it. This is the cornerstone of spousal maintenance court proceedings, but the main issue a judge determines is whether the maintenance is appropriate. Here are some things they consider. Post-Divorce Income The court considers several factors when deciding how long the spousal maintenance should be and what should be awarded. One of the most asked questions is: If one of the spouses is unemployed, can he/she suppo... Read more

Post Decree Modifications – What You Need to Know

Family law judges in Illinois know divorce does not set a family’s future and circumstances in stone. Post-decree modifications are not unheard of in case the circumstances significantly change. For example: One of the ex-spouses gets a better or a reduced salary because of a promotion, job loss, remarriage, medical bill, etc. Either of the ex-spouses wishes to relocate because of a job and wants to make changes in parenting time to meet the demands of the employment.   Here are a few more things you need to know about a post-decree m... Read more

Child Support Guidelines Feuding Parents Cannot Ignore

Child custody battles can turn a family’s life upside down, but the parent who has custody of the children can give them a stable life with adequate child support. In Illinois, this is determined by a set of guidelines the court uses to calculate the amount the non-custodial parent must pay. This includes a formula that can come into effect if the guidelines do not meet the best interests of the children. Some of the factors that can influence this include the child’s: Education requirements Standard of living or lifestyle pre-divorce, i.e... Read more

Filing Bankruptcy in Illinois? Here Is What You Need to Know

Declaring bankruptcy can seem devastating at first, but the relief you feel will be palpable. That’s because by taking this action, you can: Protect your home from foreclosure and get time to make outstanding mortgage payments Prevent the utility services from cutting off your gas, electricity and water supply Challenge creditors who are trying to make you pay more than you owe Discharge your debts by getting a fresh start on your financial obligations Prevent the bank or a business from reclaiming your vehicle or other property if you were ... Read more