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What is an Uncontested Divorce in Oswego, Illinois?

 Posted on March 11, 2023 in Divorce and Family Law

Oswego Uncontested Divorce Lawyer: What is an Uncontested Divorce? 

What is an Uncontested Divorce?

If both spouses agree on all the significant matters concerning the divorce, they may obtain an uncontested divorce. Important issues in divorce include the division of assets, child custody and support, and spousal support.

Benefits of an Uncontested Divorce: Saving Time, Money, and Emotions

An uncontested divorce is the best-case scenario for two spouses seeking a divorce for several reasons. Not only does an uncontested divorce save the parties money in attorney and court fees, but it also minimizes the emotional stress on the entire family that results from obtaining a divorce because the process is taken care of as quickly and amicably as possible.

Uncontested divorces take much less time than traditional divorces because a conventional divorce is a long, drawn-out process. The longer this process takes, the more emotional burden is put on the former spouses and their families. In addition, a traditional divorce requires both opposing sides to go through a full court case. This includes service of process (hiring a professional to service the opposing party with a court summons at their home), production of documents by the parties, and both parties being required to meet strict deadlines. As a result, attorney fees, court costs, and outside fees for obtaining the necessary documents quickly add up and lead to a heavy financial burden. It is common for a traditional middle-class couple's divorce case to cost the parties tens of thousands of dollars.

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Shorewood Quit Claim Deed Lawyer: Amending Title By Adding or Removing a Spouse

 Posted on March 09, 2023 in Estate Planning

Plainfield Real Estate and Estate Planning Attorneys

Whether a couple purchases a home together and later gets divorced or individual purchases a house and later gets married, both instances are sufficient to warrant a change in title to the property. When changing the name on the title, a Quit Claim Deed can be drafted to add or remove individuals from the title. A Quit Claim Deed differs from a warranty deed because no warranty is attached to a quit claim deed. This means the grantor transfers whatever interest they have in the property to the grantee, with no special warranties protecting their interest. Therefore, when adding a spouse to the title, it is imperative to find an attorney that understands the different types of ownership classifications to ensure ease of transition upon the death of one of the spouses. At Peace of Mind Asset Protection, LLC (a division of Gateville Law Firm), our staff and attorneys are thoroughly trained in both real estate and estate planning, so our firm understands the interplay between the two areas of law and can effectively transfer title about the specific factual circumstances of the individuals.

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Yorkville Spousal Support: Spousal Support Frequently Asked Questions  

 Posted on March 09, 2023 in Divorce and Family Law

How is Spousal Support Calculated in Illinois

The divorce process can often be an emotionally draining, stressful, and trying time for all parties involved. One of the biggest concerns those going through a divorce have is how the divorce will impact their finances. This consists in paying spousal support (known as alimony or maintenance) to the ex-spouse.

What is Spousal Support?

Suppose a judge has determined that the circumstances of a divorce are appropriate to include spousal support. In that case, the judge will then order one ex-spouse to pay the other monthly payments, called spousal support, once the marriage has legally ended. In some instances, if there is a prenuptial or postnuptial agreement, the amount is determined through this agreement rather than by a judge.

What is the Purpose Behind Spousal Support?

A judge will typically order spousal support to be paid from one ex-spouse to the other to help the ex-spouse support themselves and live on their own following the divorce. Generally, people who are found to be able to work on their own are expected to find employment and support themselves. However, it is essential to note a judge is not required to order spousal support.

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Aurora Real Estate Investor Lawyers: Business Structure and Asset Protection Strategies

 Posted on March 07, 2023 in Real Estate

Yorkville Real Estate Investor Attorneys

Gateville Law Firm provides advanced business structure planning strategies for real estate investors, landlords, and commercial property owners to maximize asset protection. One of the most popular business entities for such individuals is a limited liability company or an "LLC." The LLC provides flexibility and limited liability protection for business owners and investors. It limits business creditors' reach to the LLC's assets rather than its owners' personal assets.

Plaintiff's lawyers understand the benefits of an LLC's limited liability protection. They often use the Illinois Consumer Fraud and Deceptive Business Practices Act to go after a business owner's assets in case of a judgment. This makes it crucial for business owners and investors to set up an LLC and incorporate their business or real estate holdings. Combining their business holdings and real estate investments makes it more difficult for Plaintiff's lawyers to collect on their judgments.

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Losing a Loved One: What To Do After a Death

 Posted on March 07, 2023 in Estate Planning

 

Kendall County Probate Attorney

Losing a loved one is a complex and emotional experience. The death of a loved one is made more difficult when their estate and financial assets are in disarray. If the deceased person had a will or other estate planning documents, their estate would likely go through the probate court. Unfortunately, most people are unaware that a will must be probated and go through a "probate court."

Probate is the legal process to identify a person that will supervise the administration of one's will through the court process called "probate." The probate court will determine and gather the decedent's assets, pay their debts and taxes, and distribute their property according to their will or Illinois state law. 

 

Intestate Succession in Illinois

Intestate succession distributes a deceased person's assets when they do not have a will. When a person dies without a will, the decedent dies "intestate." In Illinois, an intestate person's assets are governed by the Illinois Probate Act. Therefore, under Illinois law, a deceased person's assets are distributed consistently with the Illinois Probate Act. Intestate law will identify the surviving spouse, children, parents, or other relatives to determine the proper heir of a deceased person's estate. Illinois law assumes that a dead person would distribute their estate to their surviving spouse (50 percent) and any surviving children (50 percent). Therefore, the deceased person's children shall have 50 percent of the assets in equal shares. Without a surviving spouse, the entire estate will be distributed to their children per stirpes (in equal shares). If any children have deceased, the deceased person's children will inherit their parent's share of their estate. If no children exist, the surviving spouse will inherit the entire estate.

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Divorce Basics in Kendall County, Illinois: Marital Settlement Agreement

 Posted on March 07, 2023 in Divorce and Family Law

Yorkville Divorce Lawyer: Basics About the Divorce Process

Contested vs. Uncontested Divorce

In Illinois, an uncontested divorce is also known as a "dissolution of marriage." When both spouses agree to the significant vital terms of a divorce, and neither spouse challenges the divorce, the divorce is uncontested. The key terms in a divorce that must be agreed upon include, among others, the issues of property, debts, children, and spousal support (also known as alimony). Specifically, this includes topics like the division of marital property and marital debts, child custody and parenting schedule, child support and medical insurance coverage for any children, and custody of pets shared during the marriage.

Do I Need to Attend Court Hearings for My Uncontested Divorce?

The spouse petitioning the court for the divorce (by filing the paperwork with the county) must make an appearance at the final hearing with the court. However, only that spouse is required to attend, so long as the other spouse has agreed to and signed all relevant documents (including the Marital Settlement Agreement, discussed in depth below). At the final hearing, the petitioning spouse must testify to the terms of the Marital Settlement Agreement and the identity of both parties. Further, the judge or the other spouse's attorney, if they are assisted by one, can ask questions that ensure the terms of the Marital Settlement Agreement are clearly understood before they are officially finalized by a court order.

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Montgomery Real Estate LLC Lawyer: Assisting Real Estate Investors & Commercial Property 

 Posted on March 06, 2023 in Real Estate

Montgomery Real Estate LLC Attorney

This article will discuss business entities for real estate investors, landlords, and commercial property owners. The most popular business entity is a limited liability company, an "LLC." The LLC is a method to insulate a business owner's assets from business creditor concerns. The LLC provides limited liability protection for its owners by limiting a business creditor's reach to business assets versus the personal business assets of its owners. Business owners are concerned about limited liability protection and protecting their assets from a creditor's lawsuit.

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How to Calculate Child Support in Yorkville and Kendall County?

 Posted on March 03, 2023 in Divorce and Family Law

Kendall County Child Support 101

This article summarizes Illinois Child Support. Child support guidelines determine child support in Yorkville and Kendall County. See 750 ILCS 5/505. The income shares model is the child support enacted legislation, effective on January 1, 2019. The child support model calculates total household net income and computes each parent’s percentage of combined net income. Based upon the household’s net income and each parent’s percentage of net income towards the total household income is how Kendall County Child Support is calculated now. 750 ILCS 5/505(1).

Illinois child support aims to make child support obligations more equitable between the custodian and non-custodial parent. Thus, both parents' income shall be considered, and a parent not working may have their income attributed, meaning the Court can establish a baseline net income for that parent. 

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Kendall County Probate - The Basics of Probate Court

 Posted on March 01, 2023 in Estate Planning

Kendall County Probate Attorneys

Kendall County Probate Lawyer: Basics of Probate in Yorkville and Kendall County

Probate Court is used to handle a person's estate upon their death. It is recommended that an individual create a comprehensive estate plan with a Trust included to minimize the possibility of going through Probate. While a Will can be used to name intended beneficiaries, it will not avoid the Probate process. Probate can be time-consuming and expensive, so it is essential to find an attorney well-versed in the field. At Piece of Mind Asset Protection, LLC, the attorneys and staff have the knowledge and experience to handle your Probate matter effectively and efficiently, saving you time and money.

What is Probate?

Probate is the process of opening an estate for the deceased person (decedent). The point of Probate is to ensure that the assets held by the decedent are distributed to the persons named in the Will or to the next of kin. In addition, the process is also used to ensure that any debts held by the decedent get paid.

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Child Support Modification

 Posted on March 01, 2023 in Divorce and Family Law

Yorkville and Kendall County Child Support Modification Attorneys

Covid-19 has caused significant economic and emotional damage in 2020. Many people have faced reduced income, layoffs; and or a change of circumstances warranting a change in child support. In Illinois, child support may be modified when there is a "substantial change of circumstances" since the last court order. 750 ILCS 5-510(1).  The second reason for a change in child support is upon a showing of an inconsistency of income of at least twenty (20) percent. 750 ILCS 5-510(2).

Child Support Modification Petition

A Petition must be filed, which requests relief from a previous court order due to a substantial change in circumstances. A Petition is a legal motion that asks for a change in child support based upon a considerable shift in cases, a significant decrease or income in income, and the healthcare needs of the child or children requiring a change.

The notice must be given to the other side or the other attorney to provide them with a opportunity to respond. Typically, a financial affidavit will be required in the State of Illinois when a party wants child support modification. A financial affidavit is a summary of a person's income, expenses, and assets, which informs the court and the opposing side of the person's ability to pay.

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