When parents decide to divorce, it’s easy for one parent to feel like they’ve gained something and the other to feel like they’ve lost something. While those feelings are understandable, thinking in terms of “winning” and “losing” can make it harder to focus on what truly matters—the well-being of the child.
From a child’s perspective, life should remain as stable as possible. Aside from scheduled parenting time or overnight visits, a child still needs the same care, support, and routine they would have had if both parents were living together. Divorce is a decision made by adults, not children, and it does not change a child’s basic needs. They still need a safe home, food, education, and loving guidance from both parents.
With more than four decades of experience in family law, attorney Arnold Goldstein helps parents work toward agreements that support their child’s care, stability, and future—while encouraging cooperation and understanding between both parents.
During the time the custodial and noncustodial parent spends with the child, they must perform various caretaking functions. The court defines these as tasks that involve interaction with the child or that supervise, direct or arrange interactions with or for the child. Caretaking functions include:
While the state statute on custody does not limit major decisions to be determined in a parenting agreement, Illinois family law courts place particular emphasis on childrearing decisions related to:
When parents cannot agree on the allocation of parental responsibilities for all matters except emergencies, they must go through mediation to attempt to reach an agreement. Failing that, the matter then goes before the courts.
Protect your relationship with your child and your parental rights by contacting our firm. Call our office in Highland Park or reach us online to schedule a free phone consultation.
A clear and consistent child support amount, along with a dependable payment schedule, can play an important role in maintaining stability in a custodial household. In Illinois, child support matters can sometimes be complex or emotionally charged, but providing financial support for a child is a fundamental parental responsibility under state law.
Because child support outcomes depend on individual circumstances and Illinois law, it’s important to speak with an experienced attorney before making decisions or taking action. If you need help understanding child support options, establishing a support obligation, or enforcing an existing child support order in Illinois, contact Arnold at 847-926-0300.
Both the paying and receiving parents have an obligation to do what is best for their child. Support funds are used to provide for the child’s basic needs and should not be viewed as a windfall by the receiving parent or as punishment by the paying parent.
A fair support agreement should meet the needs of the child and parents alike. Illinois courts calculate child support using the income shares model, which factors in net income and the number of children the paying parent is financially responsible for.
Because failing to follow a support order can cause financial hardship for the custodial home and consequently your child, violations are taken seriously.
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It is a common misconception that once a child turns 18 and becomes emancipated, the parents have no further obligations. Adult children in college, those who suffer from a mental or physical disability and those otherwise not emancipated may require ongoing support even after legally attaining adulthood.
It seems only fair that a parent should not be able to shed responsibility for a child who cannot take care of him or herself. The court can order the physically disabled, handicapped or otherwise unemancipated child to receive child support, contribution to medical expenses, special care as needed. When determining a support award, the court looks at the financial resources of the parents and the child and the standard of living the child would have had if the child remained in an intact home.
When it comes to college education, the courts will look at the financial resources of each parent and the child, as well as the child’s aptitude for college and the standard of living the child would have enjoyed had the marriage or parental relationship not been dissolved. As a practical matter, the court will impose a standard of reasonableness where the exact terms of the college expense are not specified in the agreement.
Discuss the particulars of your child support needs or obligations with an attorney during a free phone consultation. Schedule yours via email or by calling our office in Highland Part at.
Alimony, which is also referred to as maintenance, is one of the most frequently fought-over issues during the divorce process. Maintenance/alimony can easily become the most contentious topic in a divorce when the parties cannot agree on the type, amount, and duration of these payments.
As a family law attorney who understands how the legal system in Illinois works, I assist divorcing couples with all matters related to divorce, including maintenance/alimony. At Goldstein Law Office, I represent those seeking alimony payments as well as those who are ordered to financially support their spouse.
I provide comprehensive representation and legal guidance to fight for my client’s rights in Northbrook and throughout Lake and Cook counties in Illinois. My law firm also serves clients in Lake Forest, Antioch, Highland Park, Deerfield, North Chicago, Waukegan, and other parts of Illinois.
According to the Illinois Department of Public Health, there were over 24,300 divorces in 2017. By contrast, nearly 33,800 couples got a divorce in 2011. While the number of Illinois divorces has decreased over the years, maintenance/alimony is still a big concern for those who decide to end their marriage.
Alimony, which is commonly referred to as spousal support and maintenance, is a mandatory payment made by one spouse to another during or after the divorce proceedings.
Illinois law recognizes four types of maintenance/alimony:
The purpose of awarding maintenance/alimony is to provide financial support to the economically-disadvantaged spouse and give that spouse the opportunity to become self-supporting and maintain the standard of living established during the marriage.
It is a common misconception that only women may qualify for alimony. In reality, both men and women are entitled to maintenance/alimony when they are unable to meet their needs without financial support from their spouses. When spouses cannot agree upon alimony outside of court, it will be up to a judge to determine if maintenance is appropriate.
When deciding whether or not to award maintenance/alimony, courts in Illinois consider the following factors:
These and other factors are evaluated by Illinois courts when determining what type of alimony/maintenance to award. If you are seeking alimony or are worried about having to financially support your spouse during or after the divorce, you must seek the assistance of a skilled maintenance/alimony attorney to talk about your case.
Illinois uses a specific formula when determining the amount of maintenance/alimony payments. Courts in Illinois calculate the yearly maintenance that should be paid from one spouse to another by subtracting 25% of the recipient spouse’s net income from 33% of the payer spouse’s net income. However, the awarded alimony amount cannot exceed more than 40% of the parties’ total net income.
When awarding maintenance/alimony, courts must also decide on the duration of the order. In other words, a judge will need to determine how long the payer spouse will pay support to the recipient spouse. In most cases, the duration of alimony depends on how long the marriage lasts. The longer the marriage lasts, the longer the recipient spouse will receive maintenance/alimony payments. However, other factors may also come into play when determining how long the payer spouse will provide financial support.
There are four circumstances that terminate maintenance/alimony orders in Illinois:
Illinois law also allows parties to request changes to the existing maintenance/alimony order. To do that, the requesting party needs to file a motion to modify with the court that issued the order. The party seeking a modification must prove there has been a substantial change in circumstances since the existing order was issued. The assistance of an attorney is necessary to prove that the change in circumstances warrants a modification of maintenance/alimony in your specific case.
As a knowledgeable maintenance/alimony attorney at Goldstein Law Office, I assist both potential payers and recipients of alimony. I help clients facing divorce understand their rights regarding spousal maintenance in Lake County and Cook County, Illinois. Discuss the specifics of your case by scheduling a consultation today.
Most people consider the dissolution of a marriage as the end of the divorce process, but that is not always the case. There is often more in store for both parties during the post-judgment phase. While some post-divorce disputes may seem petty or trivial, it helps to have a divorce attorney on your side to work through any issues that may arise. If you need assistance with a post-judgment issue, get experienced help.
Once a divorce is finalized, the court issues an order of agreement, stipulating costs, responsibilities and more. It’s important for divorcing couples to know they could still end up embattled in another legal matter, despite the fact that they are no longer husband and wife. Simple divorces that do not involve children rarely involve any post judgments. However, all orders of the agreement are subject to dispute.
If you cannot reach an agreement, the elements of pursuing a post-judgment motion are straightforward. The steps involve:
Child custody can present a slippery slope if both parents assume shared responsibility when it comes to making important decisions in their children’s lives. When it comes to joint custody, having both parents work together is key. However, divorced parents have a proven track record of failing as partners, and it is sometimes inevitable that disputes will arise in the future. Their inability to settle those disputes could lead to further legal action which requires the intervention of a court.
Refusing to pay for certain expenses of children is another frequent cause of post-judgment disputes. When support orders are questioned or compromised, it could lead formerly married couples right back into court.
If you and your former spouse cannot agree on an item in your divorce agreement, we can help. Speak with a lawyer for free by scheduling a free phone consultation today. Call or email us to arrange yours.
You’ve gotten yourself into a marriage for what turns out to be all the wrong reasons. Now, you want to know whether you can get an annulment or will have to go through the messy divorce process of dividing assets.
Annulment in Illinois is available only for a few specific cases of fraud, bigamy, physical incapacity, and other reasons. An annulment, once granted by a court, basically renders the marriage non-existent – it never happened. However, under Illinois law, the term “annulment” isn’t recognized anymore. Instead, to achieve the same result as an annulment, you must convince a court to grant you a “judgment of invalidity” for the marriage.
If you wish to pursue an annulment, or declaration of invalidity of your marriage, and you’re in or around Lake County and Cook County, Illinois, contact me at the Goldstein Law Office. I will meet with you, discuss the circumstances of your marriage, advise you if an annulment is possible, and then help you petition for one. I also proudly serve clients in neighboring communities such as Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, and Waukegan.
Divorce is a way to end a marriage when it no longer becomes tenable because of irreconcilable differences or other reasons, including adultery, abandonment, impotence, and other factors. Divorce results in a dissolution of the marriage, with all the incumbent complications, including division of assets, child custody and support, spousal support, parenting time, and more.
An annulment, on the other hand, is a legal remedy to make the marriage disappear as if it never existed. Though divorce can be long, complicated, and emotionally draining, it Is actually a simpler process in Illinois than obtaining an annulment, or declaration of invalidity of your marriage.
Though the division of assets and other divorce considerations are still part of the annulment process, the general solution is to return everything to the status quo ante – in other words, assets returned to whoever held them before the marriage, along with restoration of other financial circumstances existing prior to the marriage.
Though there are 11 grounds for divorce in Illinois, annulment or a declaration of invalidity has only four. According to Illinois Law, the court can declare the invalidity of marriage under these instances:
The Illinois Code sets forth different time limits for petitioning for a judgment of invalidity:
If during the time of marriage, the couple produces or adopts a child, Illinois law specifically says that “children born or adopted of a marriage declared invalid are the lawful children of the parties.” Thus, much as in a divorce, decisions regarding custody, child support, and parenting time must be dealt with.
Generally, the court will treat the situation as if you were never married, and thus you’ll need to go through separate proceedings under the Illinois Parentage Act of 1984 to get a judicial decision on custody.
The primary benefit of an annulment over a divorce is that there usually are no court-ordered payments. In most cases, the two individuals return to life as they knew it before being married, and the marriage itself will be considered never to have occurred even when children are involved (see above).
When it comes to division of property, in most cases property will return to the pre-marriage owners. So will debt, but debt accumulated together will be split. If there were any prenuptial agreements, those will be rendered invalid.
You may have an after-marriage case of “Oops, what did I just do?” but that won’t necessarily qualify you for an annulment. Getting a declaration of invalidity in Illinois requires more than just filing a petition. You must also provide the court with documentation supporting your reason for requesting an annulment. If you think you qualify for an annulment in or around Lake County or Cook County, Illinois, contact me at the Goldstein Law Office. I will review the circumstances with you and advise you of your legal options, and represent you if you end up filing a petition. Contact me today
Compared to the rest of the country, Illinois has fewer divorces on average, with a rate of 6.6 compared with the national average of 7.7, per 2018 U.S. Census data. Even so, divorce in Illinois does occur, and if you’re going through one or are considering filing for divorce, there are a number of factors you’ll need to review. One of the central questions I hear repeatedly in my over four decades of legal practice is, “Who gets what in a divorce?”
The topics of asset division and division of property are essential to understand when pursuing a divorce because the answers will depend on state law as well as the specifics of your marriage.
For help with this or any aspect of family law, call me at Goldstein Law Office for a consultation. I’m able to represent clients throughout Lake County and Cook County, Illinois, as well as Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, and Waukegan.
The first major concept to understand regarding the division of assets is the difference between community property and separate property.
Illinois follows an equitable distribution model for divorce which means that all marital property (also called community property) must be split fairly, but not necessarily equally between the two spouses.
In general, marital property is considered to be any assets that were acquired after the marriage took place. These could be assets acquired jointly or separately by each spouse. This includes assets like pension benefits and stock options, regardless of which spouse is named on the account or has been contributing to the pension. This could also include equity in a home that was originally purchased by one partner before the marriage, but afterward, both spouses contributed to the maintenance and monthly mortgage payments. There are exceptions to this rule and these would be considered separate property, but many of these distinctions will be considered on a case-by-case basis.
Separate property (non-marital property) is usually considered any assets that were acquired by each partner before the marriage took place, but it can also include assets acquired after the marriage. Examples of this would be gifts or inheritances that one spouse received, property that was excluded in a prenuptial agreement, profits made from selling or exchanging property that was acquired before the marriage, property that was acquired due to a legal judgment, or income generated from premarital property.
If a couple is pursuing an uncontested divorce (meaning both spouses agree on the major issues), they can determine together who will get what property and write this up in a marital dissolution agreement. In most cases, a judge will review this, and if they find it’s more or less fair to both parties, they will approve it.
However, if the divorce is contested, then a judge will have to determine the equitable distribution of assets. If this is the situation you find yourself in, it’s highly recommended you work with a family law attorney to best represent your interests and ensure you get your fair share of assets.
When a judge reviews your case, they’ll look at a number of factors to determine what’s “equitable.” For example, they’ll review how much each spouse contributed to the joint assets during the marriage, whether one spouse didn’t earn as much as the other in traditional income (such as being a stay-at-home parent), any pre- or post-nuptial agreements, whether there are any minor children from the marriage and what their needs are, how well-positioned each spouse is to provide for themselves after the divorce is final (including whether a non-working spouse will have to go back to school or obtain further job training before they’ll have a sufficient income), and the relative age and health status of each spouse.
Even in the best cases, most separating couples may wish to consult with an attorney before finalizing their divorce. If your divorce is contested, you may need to work closely with a lawyer who will act as your liaison with your spouse as you make decisions about how to move forward. However, if the divorce is mostly amicable, you may only want to consult with an attorney briefly to ensure you’re not leaving anything out and that your agreement will be approved by a judge.
If you’re in Lake County or Cook County, Illinois, and would like to speak with an experienced family law attorney, reach out to me at Goldstein Law Office for a consultation. No matter how much or how little help you’d like, I’ll meet you where you’re at and always give you honest and practical legal advice so you can make informed decisions regarding your future and your family
To avoid potentially relinquishing valuable assets during a divorce, a financially savvy spouse may attempt to hide money or property. If divorce documentation does not accurately represent all the couple’s assets, one spouse may end up with a lopsided settlement at the end. Fortunately, Highland Park can help you identify and locate all marital assets to ensure a fair outcome.
During a divorce, Illinois courts divide marital property according to the equitable division standard. Legally, both spouses must disclose all assets, but all too often a spouse will endeavor to keep a portion of those assets for themselves.
If you were minimally involved with the household finances, it can be challenging to know where to find assets or relevant information. This is especially true if your spouse took care to conceal their tracks. However, attorney Goldstein has substantial experience in finance, accounting and tax law. He is well-equipped to find discrepancies and paper trails that other lawyers might miss.
The end of a marriage is the end of a partnership. Much like a fair division of business assets, an equitable division of marital assets allows you to leave the marriage on secure financial footing.
As your legal advocate, attorney Goldstein will make your goals his own and aggressively fight to secure a fair financial outcome. To take ownership of your future, email us or call today
Depending on the circumstances, certain divorces are far less complicated than others. If you and your spouse are considering a simplified divorce process, the experienced staff at Goldstein Law Office can help. With our attorney’s more than four decades of family law experience, we are well suited to offer advice and guidance as you transition to the next phase of your life.
Although often thought of as the same, uncontested and joint simplified divorces differ significantly. An uncontested divorce is a divorce where both spouses agree on all divorce issues and litigation or extensive negotiation is not needed. By resolving issues together, spouses negate the need to spend hours at the negotiating table or in court. This can limit divorce-related costs and the process’s duration.
A joint simplified divorce expedites the divorce process, but to qualify, couples must meet certain requirements. Couples who do not have children or significant assets, and who agree on all divorce-related issues and other statutory requirements, may qualify. Those requirements include:
A simplified divorce is frequently never as simple as it should be. Having an advocate on your side can make the process easier. If you would like to know more about the joint simplified divorce process, eligibility and how we can help, arrange a no-cost phone consultation with an attorney
According to the World Population Review website, Illinois has the nation’s sixth lowest rate of divorce, with 6.2 divorces for every 1,000 people in the population, but it also has a low marriage rate, with less than 65 percent of the state’s population being married.
According to a U.S. Census Bureau survey, the top three reasons for divorces are incompatibility (43 percent), infidelity (28 percent), and money issues (22 percent). Regardless of the cause for divorce, Illinois is a no-fault divorce state. To obtain a divorce – known legally as a dissolution in Illinois — couples need incompatible differences. They can even be new to the state – just arrived – and after a 90-day waiting period, the dissolution can be granted.
Of course, divorce is rarely a simple matter. There are issues regarding the division of property and debts, possible spousal or child support payments, and custody and parenting time rights if there are children. If the resolution of these issues is left to a judge at trial, the legal costs can skyrocket, along with dissatisfaction with the results by one or both spouses.
As a result, most divorces are decided outside of the courtroom through an agreement among the separating parties, usually achieved with the help of attorneys, counselors, mediators, and such. Reaching this agreement is part of what is known as an uncontested divorce – in other words, there is no need to go to court to contest the details of the final separation.
If you are considering divorce, have already been served papers, or have begun the process in Lake County or Cook County, Illinois, contact me at the Goldstein Law Office. I am a family law attorney with more than four decades of experience helping couples reach an agreement on the dissolution of their legal ties. I can help you negotiate an uncontested divorce agreement that will respect both spouses’ rights and prior contributions to the relationship. �
My office is in Northbrook, but I proudly serve clients throughout Lake County, Cook County, Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, and Waukegan, Illinois.
Illinois is one of a few states that recognize a divorce known as a “simplified dissolution,” or simplified divorce. However, there are various eligibility requirements. Some requirements include that you have no children or prospects for any, you’ve been married eight years or less, you don’t own any real property, your assets total less than $50,000, and neither of you earn more than $30,000 a year.
An uncontested divorce covers the rest of the married population, who own real property, have children and earn more than $30,000 a year each. In an uncontested divorce, the couple must decide issues that typically define what a divorce entails, including:
These issues generally touch on emotions and often bring up grievances that the spouses harbor toward one another, so they are not always that easy to settle. That’s also why professional help is generally the key to getting the two spouses to agree on a mutual settlement – that and the prospect of a lengthy and costly courtroom battle that may result in neither side being satisfied.
When it comes to the division of assets, anything acquired during the time of marriage by either party, regardless of whose name the title is in, is considered marital property. The only exceptions are property acquired prior to marriage or through inheritance or a gift during the marriage. Debts are also considered marital property and divide among the spouses upon divorce.
Illinois is an “equitable distribution” state. Unlike in a community property state, where everything is considered owned or obligated 50/50, Illinois law considers the contributions and needs of each spouse when determining the division of property.
A parenting plan must be included in any divorce agreement submitted to the court for approval. Illinois requires that the spouses agree on an allocation of decision-making concerning the children along with a parenting time schedule – responsibilities formerly known as custody and visitation.
When it comes to child support, Illinois uses an “income shares” model, which considers the income of both spouses and the time spent with the children by each parent in determining who pays what. Considerations such as medical and dental, schooling, daycare, and extracurricular activity expenses must also be factored in.
Issues involving children are generally among the most contentious and emotion-fraught of all determinations to be made in forging a divorce agreement. Courts will often require the parents to agree to mediation to help resolve these issues. An experienced family law attorney can also help the parties find common ground.
When you file for divorce in the beginning, you must go to the circuit court in your county, pay a fee and fill out the necessary form. The same is true when you wish to file for an uncontested divorce. The circuit court usually has its own uncontested divorce form that you need to complete and submit.
Once all the paperwork is in, you will have to attend a hearing, often called a “prove up” in Illinois, to obtain your final divorce decree. The judge will review the divorce agreement the two of you have submitted and unless he finds it one-sided, will generally sign off on it. Your dissolution of marriage will then be final.
Perhaps the primary benefit of an uncontested divorce is the savings in the cost of legal fees to argue the issues in a courtroom, along with the accompanying savings in emotional confrontations in front of your spouse and their attorney, who is no doubt trying to paint you in a bad light. Without the courtroom drama, an uncontested divorce is the quicker of the two options.
Another huge benefit is that an uncontested divorce will preserve a workable relationship between spouses. No one should be able to harbor a grudge that they were “cheated” or “disrespected” by the legal proceedings. Both sides have to come to a joint agreement, leaving aside emotions and grudges for the sake of moving forward.
A voluntary divorce agreement is more likely to be observed in the coming months and years than a courtroom edict, which one or both spouses may decide to challenge as their lives move forward.
An uncontested divorce offers clear advantages for both spouses and puts them in charge of their future. If you’re considering a divorce or already in the process of divorcing in Lake County, Cook County, Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, or Waukegan, Illinois, call me immediately at the Goldstein Law Office. Your initial consultation is free, and we can discuss the framework for achieving a divorce settlement outside the courtroomA Simplified Process
Depending on the circumstances, certain divorces are far less complicated than others. If you and your spouse are considering a simplified divorce process, the experienced staff at Goldstein Law Office can help. With our attorney’s more than four decades of family law experience, we are well suited to offer advice and guidance as you transition to the next phase of your life.
Although often thought of as the same, uncontested and joint simplified divorces differ significantly. An uncontested divorce is a divorce where both spouses agree on all divorce issues and litigation or extensive negotiation is not needed. By resolving issues together, spouses negate the need to spend hours at the negotiating table or in court. This can limit divorce-related costs and the process’s duration.
A joint simplified divorce expedites the divorce process, but to qualify, couples must meet certain requirements. Couples who do not have children or significant assets, and who agree on all divorce-related issues and other statutory requirements, may qualify. Those requirements include:
A simplified divorce is frequently never as simple as it should be. Having an advocate on your side can make the process easier. If you would like to know more about the joint simplified divorce process, eligibility and how we can help, arrange a no-cost phone consultation with an attorney
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During the estate planning process, it is crucial that you make necessary provisions for many kinds of possibilities. For example, in the event of your incapacitation, you’ll need someone to make financial and healthcare decisions on your behalf. This should be someone you trust.
This is where the concept of “powers of attorney” comes into play. The use of the word “attorney” in the concept might be confusing because the person you designate as your “agent” in your power of attorney does not have to be an attorney. Generally, the agent you name will be a close friend or associate, to whom you delegate decision-making power, thus granting a “power of attorney.”
For all your estate planning needs in or around Lake County and Cook County, Illinois, contact me at Goldstein Law Office. With six decades of experience in helping people plan for their futures and care for their loved ones, I can create the legal instruments you need to provide for yourself and your loved ones no matter what the future may bring.
As an estate planning attorney, I proudly serve clients throughout Lake County and Cook County, including Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, and Waukegan. Set up a consultation with me today.�
A power of attorney (POA) is a legal document that authorizes someone else to act on your behalf. It can be temporary, permanent, limited to certain functions, or otherwise tailored to what you feel is important to your well-being.
You as the principal creating the document can name anyone you trust—with certain legal restrictions—to act in your stead. That person does not have to be an actual attorney, but acting in your stead, they will be known as an attorney-in-fact.
Illinois Compiled Statutes known as the “Power of Attorney Act” establish the criteria for establishing a POA. First off, you must be of legal age and be of sound mind. The document also must be created in the presence of a notary public with one disinterested witness attesting to the act. Disinterested means that the witness cannot gain in any way in the creation of the power of attorney. Thus, these individuals cannot be witnesses:
In general, a power of attorney gives someone else the authority to act in your behalf when it comes to financial, health care, or other issues that arise when you cannot make the decisions on your own.
A power of attorney can take different forms. An unlimited power of attorney allows the agent you name to make most decisions for you. Though it is called unlimited, it does not allow your attorney-in-fact to create or alter a will you have created. An unlimited power of attorney can also be durable, meaning that it takes effect as soon as it’s created, or it could be triggered by standards set forth in the document (see “springing” below).
A limited power of attorney is just that—restricted to certain areas of your personal life such as finances or healthcare decisions. In this sense, a limited POA can allow your agent to manage your rental properties while you’re overseas on business, or off on active duty.
A limited POA can also be employed to convey your healthcare choices should you become incapacitated and unable to voice your own treatment preferences. This is also sometimes called a “do not resuscitate” POA, though that is certainly not the only option you can specify.
A power of attorney can also be created as a “springing” document. This means that the POA doesn’t take effect until some event or circumstance takes place. The healthcare POA, for instance, would only take effect if incapacitation occurred, and a financial POA would take effect only if you as the principal who granted it were unable to make those decisions on your own.
Life is full of uncertainties. Not all surprises can be avoided, but they can be managed with proper planning. A power of attorney would enable someone to voice your medical treatment preferences in the event that you are unable to do so. A POA would also allow someone you trust to manage your finances while you recover from any number of unexpected health issues.
A power of attorney is a key part of estate planning. You can never anticipate the future, but you can prepare for any eventuality. That’s why a power of attorney for financial and healthcare concerns should be included in your long-term planning. If you’re in Lake County or Cook County, Illinois, or in surrounding areas, contact me at Goldstein Law Office for all your estate planning needs
According to a 2022 Wills and Estate Planning study bythe website Caring, about 66.9% of Americans do not have a will or estate plan. While easy to put off, it’s important for everyone to create an estate plan, regardless of their age or wealth.
Knowing your options for estate planning documents is also crucial. When considering which documents to include in your plan, don’t forget to ask your attorney about trusts. Having a trust allows you to preserve your property and assets for beneficiaries and future generations. In addition, a living trust — unlike a will — can be utilized to bypass the lengthy probate process and keep your affairs private.
If you need detailed guidance when drafting your trust or other estate planning documents, consult with a trusted estate planning attorney in your area. My firm – Goldstein Law Office – proudly serves clients across Lake County & Cook County, Illinois, and the surrounding areas of Highland Park, Deerfield, Lake Forest, Antioch, Waukegan, and North Chicago.
As an experienced trusts attorney, I have the knowledge and resources to guide individuals and families through the estate planning process. When you work with me, I will educate you about the benefits of having a trust and help you establish an estate plan that fits your unique needs.
A trust is a fiduciary arrangement that lets a person (the trustor, settlor, or grantor) grant another person (a trustee or successor trustee) the legal right and authority to hold and manage the trust property for the benefit of the beneficiaries.
The trust property includes assets, property, money, and other items placed in the trust. The trustee or successor trustee will help manage and distribute trust property to beneficiaries in accordance with the provisions of the trust documents.
Furthermore, trusts may be categorized as revocable or irrevocable trusts.
A revocable trust can be described as a trust that the grantor is able to amend, terminate, or revoke at any time. During their lifetime, the trustor will hold absolute control over the trust. Upon the grantor’s sudden incapacitation or demise, the trustee will distribute trust property to rightful beneficiaries. However, you cannot avoid estate taxes with a revocable living trust.
Conversely, an irrevocable trust is a trust that the trustor can’t modify, amend, or revoke without seeking permission from the named beneficiary. Once established and funded, the grantor will give up control of the trust. Hence, assets and property placed in the irrevocable trust would not be subject to estate taxes.
Here are the steps involved in creating a trust in Illinois:
An experienced Illinois trusts attorney can fully explain the benefits of a trust and guide you through the legal processes involved in creating one.
Here are some benefits of creating a trust:
An experienced lawyer can help you make informed decisions when establishing your trust and make sure the documents are legal and valid.
Establishing a trust can help protect your property, assets, loved ones, and investments, and prepare for life’s uncertainties. While this might appear to be straightforward and upfront, it is imperative that your trust meets all necessary legal requirements. Therefore, when considering drawing up a trust, consulting with a seasoned estate planning attorney is paramount to receiving the detailed guidance you need.
For more than four decades, I have devoted my career to guiding clients through the complexities involved in drafting trust documents. As your legal counsel, I can enlighten you about the legal procedures required to create a valid trust and help you navigate crucial decisions. Also, I will work diligently to address and resolve your various estate planning needs and concerns.
If you need assistance establishing a trust, contact me at Goldstein Law Office today to schedule a free and simple consultation. I can offer you the reliable advocacy and detailed legal counsel you need to build an estate plan that matches your goals and the needs of your beneficiaries. My firm proudly serves clients across Lake County & Cook County, Highland Park, Deerfield, Lake Forest, Antioch, Waukegan, and North Chicago, Illinois
Planning for the future is stressful when you’re unsure of what is in store. But, in estate planning, you can feel secure about your family’s future when you craft a will. And at the Goldstein Law Office, my partners and I take protecting loved ones seriously. I have the resources and knowledge to assist you while keeping your best interests in mind. I proudly serve clients in Lake County, Cook County, Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, and Waukegan, Illinois.
In Lake County and Cook County, Illinois, a will is a public document you can use to protect your loved ones in the event of your passing. A will states the arrangements you want for your funeral and the distribution of your assets. Thus, a will allows you to protect your loved ones by ensuring they get your estate after you have passed on.
In short, everyone needs a will. It does not matter how old or perfectly healthy you are. Having a will gives you the peace of mind you need in uncertain times.
There are various types of wills to consider in Illinois. Please read on to find the one that best matches your specific needs:
Here is a look at the contents of a will:
Please note that your will can include any provisions you determine. For instance, you can stipulate who takes care of beloved pets after your passing.
Having a will is crucial to protect your loved ones. Specifically, when you die intestate or without a will, your loved ones risk losing ownership over your assets. Having a will in place gives you the certainty that your loved ones are provided for.
Additionally, drafting a will allows you to avoid the worst part of the probate process. Probate occurs when a person dies intestate. The court must supervise the asset distribution process assigning them equally to all eligible parties. As a result, there is no guarantee that your specific wishes will be followed.
Lastly, drafting a will helps avoid the costly probate process. The court merely goes through the will and assigns property according to the will’s instructions.
In essence, a will and a trust are the same documents. They specify your instructions regarding asset distribution and ownership transfer. However, a trust is a private document not subject to probate. As a result, property ownership is transferred according to the conditions stated in the trust.
At the Goldstein Law Office, my team and I are ready to help you plan your estate effectively. Contact me today to talk to a trusted estate planning attorney. Give yourself peace of mind in knowing your loved ones are taken care of. I proudly serve clients in Lake County, Cook County, Antioch, Deerfield, Highland Park, Lake Forest, North Chicago, and Waukegan, Illinois
In recent years, the number of couples who choose cohabitation over marriage has increased exponentially. Basically, cohabitation means living together, having a romantic relationship, and sharing property without being married. For many couples, moving in together is the first step before getting married. However, an increasing number of couples who do want to make a formal commitment choose cohabitation as an alternative to marriage.
If you are already living together with your partner or are considering moving in together in the foreseeable future, you may want a cohabitation agreement that would protect your rights in the event of separation.
As a cohabitation attorney at Goldstein Law Office, I am committed to helping my clients find peace of mind knowing that their rights and financial interests are protected even though they are not formally married to their partner. I help clients resolve their family law matters in Lake County and Cook County, as well as throughout the state of Illinois, including Deerfield, North Chicago, Waukegan, Antioch, Highland Park, and Lake Forest.
According to the Illinois Department of Public Health, the number of new marriages in Illinois declined from nearly 85,800 in 2000 to over 76,600 in 2017. If you and your partner choose cohabitation over marriage, you need to understand that you may not have the same rights and protections that married couples have.
For this reason, you may need to consider creating what is called a “cohabitation agreement.” A cohabitation agreement is a legally-binding contract between two people living together without being married. A cohabitation agreement can provide protections similar to a prenuptial agreement without having to get married.
A well-drafted cohabitation agreement can specify how the partners will split or handle the accumulated money, shared property, or debt in the event of separation. The agreement can specify who gets what if the relationship comes to an end.
If partners decide to get married later on, they can use their cohabitation agreement when creating a prenuptial agreement. Seeking legal counsel from a knowledgeable cohabitation attorney could help you ensure that the agreement addresses all the unique issues of your case.
A well-drafted cohabitation agreement should be tailored to you and your partner. Depending on your specific situation, some of the elements that may be included in your cohabitation agreement include:
When drafting the agreement, it is vital to consider the couple’s unique circumstances, their property, finances, and other factors to ensure that the agreement provides the desired protection. That is why you may need to speak with an experienced attorney to review your particular situation and help you understand what type of a cohabitation agreement you need in your specific case.
When you do not have a legally-binding cohabitation agreement in place, you could end up not having the necessary protections in the event of a breakup. Without a cohabitation agreement, you could be held responsible for the debts incurred by your partner while living together.
In addition, if you purchase property together or get a mortgage while cohabitating, you may not have any property rights, especially if the property is not registered in joint names. Another common reason partners draft a cohabitation agreement is to ensure that they will be entitled to financial support even if their relationship ends. For example, if one partner had to give up their career to raise the kids, a cohabitation agreement might require the other partner to provide financial support to that partner in the event of separation.
There are many risks involved when living together with a partner but not having a cohabitation agreement. You could end up having no protection in the event of separation or the death of your partner.
The consequences of not having a cohabitation agreement can be dire. However, having a cohabitation agreement that is not legally binding, contains ambiguous language, or lacks the required elements to protect your rights and financial interests can be just as bad. That is why you may need to hire a cohabitation attorney to ensure that you and your spouse have a comprehensive and legally-binding agreement.
Writing a cohabitation agreement is an essential step to take if you and your partner plan to live together before marriage or as an alternative to marriage. At Goldstein Law Office, I assist clients throughout Lake County and Cook County in Illinois as they draft legally-binding cohabitation agreements tailored to their unique circumstances. Get a case evaluation today to discuss how you can get the protection you need
In recent years, the number of couples who choose cohabitation over marriage has increased exponentially. Basically, cohabitation means living together, having a romantic relationship, and sharing property without being married. For many couples, moving in together is the first step before getting married. However, an increasing number of couples who do want to make a formal commitment choose cohabitation as an alternative to marriage.
If you are already living together with your partner or are considering moving in together in the foreseeable future, you may want a cohabitation agreement that would protect your rights in the event of separation.
As a cohabitation attorney at Goldstein Law Office, I am committed to helping my clients find peace of mind knowing that their rights and financial interests are protected even though they are not formally married to their partner. I help clients resolve their family law matters in Lake County and Cook County, as well as throughout the state of Illinois, including Deerfield, North Chicago, Waukegan, Antioch, Highland Park, and Lake Forest.
According to the Illinois Department of Public Health, the number of new marriages in Illinois declined from nearly 85,800 in 2000 to over 76,600 in 2017. If you and your partner choose cohabitation over marriage, you need to understand that you may not have the same rights and protections that married couples have.
For this reason, you may need to consider creating what is called a “cohabitation agreement.” A cohabitation agreement is a legally-binding contract between two people living together without being married. A cohabitation agreement can provide protections similar to a prenuptial agreement without having to get married.
A well-drafted cohabitation agreement can specify how the partners will split or handle the accumulated money, shared property, or debt in the event of separation. The agreement can specify who gets what if the relationship comes to an end.
If partners decide to get married later on, they can use their cohabitation agreement when creating a prenuptial agreement. Seeking legal counsel from a knowledgeable cohabitation attorney could help you ensure that the agreement addresses all the unique issues of your case.
A well-drafted cohabitation agreement should be tailored to you and your partner. Depending on your specific situation, some of the elements that may be included in your cohabitation agreement include:
When drafting the agreement, it is vital to consider the couple’s unique circumstances, their property, finances, and other factors to ensure that the agreement provides the desired protection. That is why you may need to speak with an experienced attorney to review your particular situation and help you understand what type of a cohabitation agreement you need in your specific case.
When you do not have a legally-binding cohabitation agreement in place, you could end up not having the necessary protections in the event of a breakup. Without a cohabitation agreement, you could be held responsible for the debts incurred by your partner while living together.
In addition, if you purchase property together or get a mortgage while cohabitating, you may not have any property rights, especially if the property is not registered in joint names. Another common reason partners draft a cohabitation agreement is to ensure that they will be entitled to financial support even if their relationship ends. For example, if one partner had to give up their career to raise the kids, a cohabitation agreement might require the other partner to provide financial support to that partner in the event of separation.
There are many risks involved when living together with a partner but not having a cohabitation agreement. You could end up having no protection in the event of separation or the death of your partner.
The consequences of not having a cohabitation agreement can be dire. However, having a cohabitation agreement that is not legally binding, contains ambiguous language, or lacks the required elements to protect your rights and financial interests can be just as bad. That is why you may need to hire a cohabitation attorney to ensure that you and your spouse have a comprehensive and legally-binding agreement.
Writing a cohabitation agreement is an essential step to take if you and your partner plan to live together before marriage or as an alternative to marriage. At Goldstein Law Office, I assist clients throughout Lake County and Cook County in Illinois as they draft legally-binding cohabitation agreements tailored to their unique circumstances. Get a case evaluation today to discuss how you can get the protection you needAsset Protection Through Marital Agreements
A marriage unites more than just two lives: With the exchange of vows, couples frequently choose to commingle assets and finances, leaving property owned before the marriage liable should the marriage end.
By utilizing either a prenuptial or postnuptial agreement, spouses can dictate how issues related to property division and financial support will be handled if the couple chooses to part ways. can help you draft, review or enforce a marital agreement.
The purpose of a marital agreement is to resolve divorce-related issues in advance by outlining the rights and obligations of each spouse in the event of a divorce. A prenuptial agreement allows couples who intend to marry to address issues before the marriage, whereas a postnuptial agreement accomplishes similar objectives after the marriage takes place.
In addition to minimizing conflict during a divorce, prenuptial and postnuptial agreements proactively protect your financial security and way of life. A comprehensive marital agreement can protect property acquired before the marriage and preserve assets for children from a previous relationship.
Potential issues to be addressed could include:
A divorce can be financially crippling for business owners and professional practice owners. Both those emerging in their careers and those with established enterprises can benefit from having a marital agreement place. We can help you shield the organization and protect financial assets.
Typically, judges and courts act favorably towards marital agreements so long as the agreements are fair, all assets and debts were disclosed and each spouse had the opportunity for representative counsel. However, validity and enforceability vary greatly based on the particulars of each divorce case. Lopsided agreements and agreements signed under duress or involving fraud will not be enforced by Illinois courts.
To ensure your assets are well-protected, you need help from an experienced attorney who understands the applicable rules laws. To see how we can protect and promote your interests, schedule a no-cost initial phone consultation. Email us or call our office in Highland Park to schedule your consultation.
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