Posted on October 10, 2024 in Divorce

A prenuptial agreement should not act as an insurmountable barrier to divorce. If the terms of your prenuptial or postnuptial agreement leave you with nothing, you might feel that you are trapped in your marriage because leaving would lead to financial ruin. However, courts can refuse to enforce marital contracts that are extremely unfair, or that one party was coerced into signing. If your prenuptial agreement is the main reason you have not filed for divorce even though you want to end your marriage, you should speak to an experienced Lisle, IL divorce lawyer about whether the court could set it aside.

When Will Courts Refuse to Enforce a Prenuptial Agreement?

Courts might refuse to enforce premarital contracts in cases of: 

• Coercion - If your spouse created a situation where you felt that you had to sign the agreement he or she wanted you to, you might have been coerced. For example, if your spouse hired his attorney to draft a prenuptial agreement without your input and then presented you with the agreement the morning of the wedding, threatening to call off the marriage unless you signed, this might be coercion. 

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 Posted on September 30, 2024 in Personal Injury

It can be understandably upsetting for family members of a nursing home resident to find out that their loved one has fallen. However, few people other than those who have experience working in skilled nursing facilities have an accurate understanding of the measures preventing 100 percent of falls would involve - and why some of those steps would be outright illegal. 

Nursing home residents have what is commonly referred to as the "right to fall." What this actually means is that nursing home staff generally cannot restrain a resident to such a degree that he or she would never have an opportunity to fall. If you or your skilled nursing facility is being sued because a resident fell, an experienced DuPage County litigation defense attorney can help. 

What The "Right to Fall" Means

Nursing home residents have certain rights under Illinois law. While the "right to fall," is, of course, not an actual legal right, what residents do have is the right to be free from constant restraint and the right to refuse assistance when getting up from bed. Elderly people who are disoriented may forget that they need help to walk or use a wheelchair, but this does not mean that staff can physically restrain them to their beds at all times. The use of restraints in nursing homes is tightly restricted. Nursing home staff also cannot always physically grab a resident who is insisting on walking unaided despite being a fall risk. 

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 Posted on September 23, 2024 in Family Law

Getting an Order of Protection can help keep you and your children safe from an abuser. When you have a protection order in place, you do not need to wait for your abuser to commit another crime against you to call the police. Because an Illinois Order of Protection can bar the abuser from going to your home, workplace, or children’s schools, you can call the police as soon as you see him or her in one of these locations, even if he is not doing anything that would normally be considered a crime. The police can arrest your abuser just for being in a location where he or she is not supposed to be present. To get the order, you will need to prove that you have been abused by the person you are seeking protection from. A Lisle, IL family law attorney can help you prepare the evidence you will need.

The Standard of Proof for an Order of Protection 

To get a civil protection order, you only need to prove by a preponderance of the evidence that the abuse you are alleging occurred. This means that you only need to convince the court that it is more than 50 percent likely that the respondent abused you. You do not need incredibly strong evidence like a neutral witness or a video of the respondent threatening you. Your attorney can help you gather any evidence you do have, like pictures of bruising on your body or damage to property caused by the abuser throwing something at you. In many cases, your testimony is enough.

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 Posted on September 06, 2024 in Civil Litigation

Many people believe that having a will is enough to protect their interests and manage their affairs. However, a will and a power of attorney serve different purposes in estate planning. An Illinois estate planning lawyer can explain why you might need both documents and how they work together to protect your future.

What to Consider About Wills and Powers of Attorney

A will is a legally binding document that states how your assets should be divided once you are no longer alive. It becomes effective only after you pass away. On the other hand, a power of attorney (POA) is a document that authorizes someone to make decisions on your behalf while you are still alive. There are two main types of POAs:

• Healthcare power of attorney: This enables your agent to make medical decisions on your behalf if you cannot do so yourself.

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 Posted on August 29, 2024 in Family Law

When it comes to caring for a child who is not biologically yours, two legal options are commonly on the mind, which are guardianship and adoption. While both arrangements involve taking responsibility for a child, they differ significantly regarding legal implications, duration, and parental rights. An Illinois lawyer can help you understand these differences as you consider both options.

Differences Between Guardianship and Adoption

The difference between adoption and guardianship is within the legal status and the parental rights they involve. It is helpful to understand each option.

Adoption is a Permanent Solution

Adoption is a permanent legal process that creates a new parent-child relationship. When you adopt a child, you become their legal parent, assuming all the rights and responsibilities of parenthood. This process permanently terminates the biological parents’ rights, transferring them to you as the adoptive parent. As a result, the child gains inheritance rights from you, and you have full authority to make all decisions regarding their upbringing.

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 Posted on July 29, 2024 in Civil Litigation

A boundary dispute between neighbors can quickly escalate from minor disagreements to complicated legal battles. These conflicts often stem from misunderstandings about property lines, encroachments, or disagreements over land use. As a property owner, understanding how to handle these disputes effectively helps maintain both your property rights and neighborly relationships. An Illinois lawyer can guide you in the right direction.

First, Make Sure You Understand Your Property Boundaries

The first step in addressing a boundary dispute is to gain a clear understanding of your property’s legal boundaries. Review your property documents, including your deed, property survey, and title insurance policy. These documents should provide detailed descriptions of your property lines and any existing easements. If you cannot locate these documents or find them unclear, contact your local county recorder’s office for assistance.

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 Posted on July 12, 2024 in Divorce

Parenting time, or visitation, arrangements after a separation or divorce can be challenging. While a mutual agreement between parents is ideal, sometimes a court-appointed parenting plan becomes necessary. Legal guidance from an Illinois lawyer can ease this process.

The Best Interests of Children 

In Illinois, the primary consideration in all parenting time decisions is the child's best interests. The Illinois Marriage and Dissolution of Marriage Act outlines several factors that courts will consider when determining what arrangement will best serve the child’s needs:

• The wishes of the child, considering the maturity level and ability to express reasoned preferences

• The physical and mental health of all individuals involved

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 Posted on July 10, 2024 in Business & Contract Disputes

Construction projects are complex endeavors that often involve multiple parties, intricate contracts, and significant financial investments. Despite careful planning, disputes can arise, potentially derailing projects and straining relationships. An Illinois lawyer can help you with effective legal strategies for addressing construction project disputes, providing valuable insights for contractors, subcontractors, and property owners.

What are Common Sources of Disputes?

Before diving into strategies, it is important to recognize the typical causes of construction disputes:

• Contract interpretation disagreements

• Scope of work changes

• Delay claims

• Payment issues

• Defective workmanship allegations

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 Posted on June 21, 2024 in Family Law

Life is unpredictable, and circumstances can change long after a divorce is finalized. When a substantial change in circumstances occurs, either party may seek a post-decree modification to adjust the terms of the original divorce decree. An Illinois lawyer can help explain what post-decree modifications entail and how they can help you adapt to new situations.

What Exactly is a Post-Decree Modification?

A post-decree modification is a legal process that allows divorced parties to request changes to the original divorce decree. These modifications can address issues such as child support, parenting time (formerly known as visitation), maintenance (formerly known as alimony), and other divorce settlement terms. Keep in mind that property division is generally not modifiable unless there was fraud or concealment of assets during the original proceedings.

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 Posted on May 21, 2024 in Divorce

Most people understandably want to keep their divorce as private as possible. After all, divorce tends to be a low moment in life, even if it is ultimately the right decision for everyone involved. Divorce usually involves sensitive, private information, including about young children.  Because of this, people are often disappointed or afraid to learn that their divorce records are public, especially when they start dating again, and want to keep that information private.

However, not all divorce records are publicly available, and in certain cases, there may be ways to seal a divorce record. It is important to talk to an experienced Illinois divorce attorney to understand your options.

Should I Tell My New Partner That I Am Divorced?

Yes, you should tell your new partner that you are divorced. Being honest about your past is important for building trust and a strong foundation in your new relationship. Not telling your new partner that you have already been married could cause serious misunderstandings and feelings of betrayal later on. Talking about your past, even when it is hard, also shows that you are open and willing to communicate, which is essential for a healthy and supportive partnership.

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