Posted on April 30, 2025 in Divorce

Adoption is often associated with children, but in Illinois, adult adoptions are a meaningful and increasingly common way to formalize significant relationships with a parental figure. This blog explores why someone might pursue an adult adoption and provides a straightforward overview of the legal process in Illinois and why working with an experienced attorney is essential.

Adult adoptions in Illinois serve a variety of purposes, often rooted in personal, emotional, or legal motivations. Here are some of the most common reasons individuals choose this path:

1.  Formalizing a Step-Parent Relationship
For many, adult adoption is a way to solidify a step-parent’s role in their stepchild’s life. Step-parents often take on parental responsibilities, providing emotional and financial support over years. Adopting an adult stepchild legally acknowledges this bond, granting the step-parent the same rights and responsibilities as a biological parent. This can be especially meaningful in blended families where a step-parent has been a primary caregiver or when the adult stepchild’s biological parent is absent, deceased, or uninvolved. For example, a step-parent who raised their spouse’s child from a young age might pursue adoption to ensure their relationship is legally recognized, particularly for inheritance or decision-making purposes.

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 Posted on March 24, 2025 in Divorce

In Illinois, assets belonging to married individuals are classified as either non-marital or marital property. The divorce court only has jurisdiction to divide marital property and nonmarital property must be awarded to the spouse to whom it belongs, unless it was comingled.  However, even if your spouse cannot access nonmarital property (such as an inheritance) directly, it can still have other implications on support or division of assets. It’s also important that you do not commingle nonmarital assets or they can lose their nonmarital status or the marital estate can be subject to reimbursement, meaning your spouse essentially gets a credit for the marital contributions made to the nonmarital property.

The Illinois Marriage and Dissolution of Marriage Act defines the types of property and specifically defines non-marital property into categories as follows:

1. Property acquired by gift, legacy or decent;

2. Property acquired in exchange for property acquired prior to the marriage;

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 Posted on March 03, 2025 in Divorce

Divorce is a financial upheaval as much as an emotional one, especially when maintenance—commonly known as alimony—is on the table. In Illinois, there is a guideline calculation provided within the law which outlines the amount and duration of support.  However, it is not used in every situation.  For one, it only applies to families where the combined gross income is less than $500,000.  In addition, the guidelines may not be appropriate in all situations and in those scenarios either party has a right to seek an upward or downward deviation from those guidelines.  In these cases, the court can be greatly assisted by a tool called a lifestyle analysis (or standard of living analysis). If you’re navigating a divorce and spousal support is in question, understanding this process can demystify how judges decide the appropriate amount of spousal support in cases where strict statutory guidelines don’t apply. So, what is a lifestyle analysis, how does it work in Illinois divorce cases, and why does it matter when maintenance is involved?

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 Posted on February 12, 2025 in Family Law

Once a family law matter (i.e., divorce or paternity case) is filed with the courts, the case may feel overwhelming and you might be unsure how to proceed. As one may expect, the parties always have the option to litigate the underlining issues and take the matter to a trial where a judge decides the fate of the case. However, you may prefer a more amicable approach to the case and to resolve your issues without the Court’s direct involvement.  One way to do that is through the process of mediation.  In Illinois, mediation can be mandatory or voluntary depending on the underlying issues in the case and the local rules for the jurisdiction in which the case is filed.

What is mediation?

Mediation is a technique that utilizes a third-party neutral (a mediator) to assist parties in resolving disputes and reaching a resolution on some or all of the issues in the case.  The mediation process provides the parties with a unique opportunity to reach a resolution in a collaborative manner, rather than allowing the Judge to impose a decision that the parties have no say in. It is important to note that the mediation process and the topics discussed in mediation are confidential and cannot be used against either party should the case proceed to trial.  Mediators are trained attorneys who have been approved by the court and their role is to facilitate settlement between the parties.    

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 Posted on September 25, 2024 in Divorce

On May 24, 2023, the Illinois Supreme Court issued Rule 909 to establish parameters for parenting coordinators in family law matters. Prior to Rule 909, certain judicial circuits were appointing parenting coordinators on high-conflict cases, but many circuits were hesitant to make such appointments absent an agreement due to the specific powers granted to parenting coordinators. With the implementation of Rule 909, judicial circuits now have guidelines for establishing their own rules and requirements with respect to parenting coordinators so long as these rules were consistent with Rule 909. That said, some courts, including DuPage County’s Eighteenth Judicial Circuit, still have not adopted parenting coordinator rules and continue to only appoint parenting coordinators by agreement.

A parenting coordinator is a licensed family law attorney or mental health professional who is appointed in high-conflict cases, particularly when parents either cannot or will not cooperate with one another with respect to decision making, communication, and other parenting issues. The parenting coordinator serves as a decision maker for conflicts that may arise between the parties. The purpose of a parenting coordinator is to make these decisions in a timely manner to minimize conflict between the parties and promote communication and healthy co-parenting.

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 Posted on September 04, 2024 in Divorce

Those who work outside of the home often have a goal of retiring by a certain age. The decision to retire is generally made based upon one’s age and health and considering retirement benefits available to them, including 401ks, IRAs, Social Security benefits, pension and annuity benefits available. However, when a party has a spousal support obligation (i.e. maintenance or alimony) or a child support obligation, the impact on that must also be a consideration. The duty to support one’s children and a former spouse is not one that is taken lightly and a voluntary retirement could potentially be interpreted as an effort to avoid a support obligation. Therefore, it’s important to consult with an attorney before you retire to determine the implications it could have on your obligation to pay support.

To begin with, the Social Security Administration provides a retirement age at which you are eligible to receive full benefits (between 66 and 67 depending on the year in which you were born). However, one may also be eligible to receive benefits as early as age 62, with a reduction in the benefit amount. A former spouse and/or a minor child may also be eligible for benefits through the Social Security Administration (SSA), which is a consideration as it relates to the impact on a support obligation. Because the divorce court cannot touch a person’s Social Security benefits, you should refer directly to the SSA to determine eligibility issues: https://www.ssa.gov/pubs/EN-05-10035.pdf.

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 Posted on June 05, 2024 in Divorce

While it is almost always beneficial for individuals to reach an agreement without the Court’s involvement, for those who have a spouse or party on the other side of their case who is unreasonable and unwilling to reach an equitable agreement — their only option is to take their case to hearing or trial. As you begin to prepare for a hearing or trial with your attorney, it’s important to discuss with your counsel as to how your trial or hearing will be recorded and memorialized. Many counties such as DuPage, Will and Kendall County will provide an automatic electronic recording (CourtSmart) of the record of your hearing or trial without the necessity of a Court Reporter. However, if you have a hearing or trial in other countries such as Kane or Cook County, Illinois, then you will have to hire and bring your own Court Reporter to your scheduled hearing as these counties do not have an automatic recording of the record.

The cost of a Court Reporter can be expensive and overwhelming, but if you are going into a trial or hearing that will determine important terms that will drastically impact your life, it is always in your best interest to obtain a Court Reporter. In the case that your trial or hearing is completed and the Judge in your case issues a ruling or Judgment that is not supported by the evidence at trial, a transcript of your hearing or trial will be necessary to obtain in order for your attorney to try and correct the trial judge’s decisions with the appellate court or via a motion to reconsider. The transcript of your hearing or trial “preserves the record,” meaning that the transcript creates a clear account of your proceedings for the appellate court to review. If the appellate court does not have a clear record to review, then the appellate court is extremely likely to rely on the trial court’s original decision on your case—leaving you stuck with terms that are not in your favor.

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 Posted on May 03, 2024 in Divorce

Divorce is a profound personal and legal transition, marking the end of one chapter and the beginning of another. The aftermath of a divorce decree involves several steps—legal, financial, and emotional—to ensure a smooth transition into this new phase of life. Whether your divorce was amicable or contentious, this checklist will guide you through the essential actions needed post-divorce to protect your interests and lay the groundwork for your future.

1. Understanding Your Divorce Decree

Upon completion of your divorce, it is essential for you to be familiar with your divorce decree/judgment. Your judgment outlines your rights, responsibilities, and the agreements reached on asset division, debt allocation, child support, custody and child related arrangements, and maintenance. You should re-read your decree and familiarize yourself with all of the terms. It is imperative you have a clear grasp of the agreement, as it will guide many of your post-divorce decisions and actions. If you are unsure regarding provisions of the agreement, you should speak to a lawyer before taking any actions.

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 Posted on April 23, 2024 in Divorce

Employment benefits can vary significantly from company to company. While these benefits are specifically designated for the employee, they are also generally considered a marital asset subject to division in a divorce. Retirement benefits are one of the most common types of employment benefits offered, and due to the nature of these types of accounts, they must be very thoroughly addressed in divorce settlement agreements to ensure calculations are correctly handled and that there are no tax implications or penalties for either spouse.

The most common type of retirement account employers offer nowadays is a 401k plan, which is an employer sponsored plan wherein funds come out of the employee’s paycheck (not subject to taxes) and are often matched, to some extent, by the employer. This is known as a defined contribution plan, meaning it’s an investment account with a specific balance that grows and fluctuates with the market. If employment ends, the account is generally rolled into an Individual Retirement Account (IRA). Other types of defined contribution plans that employers may offer include 403(b) accounts, which is essentially the equivalent of a 401k but via a public company or 503(c) organization, Simple or SEP IRAs, which are tax deferred retirement options available to small businesses, and 409a plans, or deferred compensation accounts, which are not qualified plans available to high wage earners which allows them to defer tax on certain income.

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 Posted on February 07, 2024 in Family Law

In contested cases involving minor children, if mediation fails, it is possible that a clinical psychologist will be appointed by the court to conduct an investigation and prepare a report. This can be done by request of either party, or in some cases, sua sponte by the court, meaning on its own accord.  When a custody evaluation is ordered in your family law case, it’s imperative that you are fully prepared for the process, as the court will rely heavily on this expert witness in determining the issues involving your children.  

First and foremost, you should be aware of the costs associated with the evaluation. Likely the cost will be paid from marital funds or otherwise divided, most commonly equally, but sometimes in a different proportion. This will be set by the court in its’ order.  The evaluator charges at an hourly rate and some counties (DuPage and Kane) have placed a cap on fees an evaluator can charge pursuant to local rule. The cap does not include deposition costs or trial costs. To get off on the right foot with the evaluator, you should be prepared to timely pay any required retainer

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