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Recent Blog Posts

The Primary Issues Addressed During Divorce

 Posted on February 14, 2024 in Family Law

Blog ImageDivorce brings with it many complications and concerns that need to be addressed before the union between couples can be dissolved. The main issues addressed include property division, custodial rights and support for children, and the possibility of spousal maintenance. Though not all issues may concern every couple, they are all important and common concerns that require attention during the divorce process. For representation and advice in the legal matters of divorce and what follows, contacting an experienced divorce lawyer can be vital.

Property Division

Dividing property is possibly the biggest point of contention in Illinois divorce. One half of the couple will often feel that they deserve more than the other or that they have a better claim to certain assets. Illinois is an equitable distribution state, which means that the division of property must be fair and equitable to both parties involved. Fair and equitable does not always mean a 50/50 split of assets.

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Your Guide to Equitable Distribution in an Illinois Divorce

 Posted on January 19, 2024 in Family Law

DuPage County divorce attorneyProperty division is one of the murkier issues during the Illinois divorce process. Having to split the assets you feel you have earned with your future ex-spouse may feel like a punch to the gut. You and your spouse can choose to work things out on your own before the courts get involved. However, if you cannot reach an amicable settlement, it will be up to the courts to decide the fate of your marital estate. In Illinois, marital property is divided and distributed “fairly and equitably” between the divorcing couple. When you need assistance in your divorce, the first call should be to an experienced attorney who can help you weather the storm that a divorce process inevitably brings.

“Fair and Equitable”

Illinois is an equitable distribution state where marital assets are divided in a way that seems “fair and equitable” to a judge for both parties. This means any hope of a 50/50 split might as well be tossed out the window – usually. Instead, the court will look at the current and future needs of the couple and address the divide accordingly.

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How To Legally Handle Neighbor Disputes in Illinois

 Posted on December 20, 2023 in Civil Litigation

DuPage County civil litigation lawyersUnfriendly or annoying neighbors are more common than you would like to think. Often, they are little more than a nuisance with petty squabbles over easily forgettable issues. Yet, neighbors sometimes become hostile and prove themselves more dangerous than otherwise expected. At this point, you will need to take care of the situation as best you can in a strictly legal way. Consult a civil litigation attorney for additional information regarding complications with hostile individuals or less-than-friendly neighbors.

Types of Neighborly Disputes

One can face three primary disputes with their neighbors in Illinois that can cover a good range of issues. The three disputes are the following:

  • Boundary
  • Property Damage
  • Nuisance

These disputes can be dealt with legally, often through a homeowner's association (HOA), landlord, or property management company. However, if the conflicts stem from or cause illegal behavior at any point, you must get the police involved before it gets any more complicated.

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Why Having a Will is Important

 Posted on November 16, 2023 in Estate Planning

Wheaton, IL Estate Planning LawyerHaving a last will is crucial to ensuring your wishes for your estate are upheld in the event of incapacitation or death. Without a will, the state will oversee how your estate is distributed, which will usually follow a set formula that could see assets placed in the hands of those least desirable. Contact an estate planning attorney who can help cut through the complexities of creating a Will and have you better understand how best to ensure your wishes are followed.

Deciding the Fate of Your Estate

Those who die without a will in place are considered “intestate.” According to Illinois intestate laws, The probate court will decide what to do about your estate. Chances are likely that Illinois laws will not align with your personal wishes for all of your property and assets. To prevent this outcome, you can become a “testator,” the terminology used for the person who creates a will. Drafting a will, will allow you to decide the fate of your possessions and allow your family and friends to know what to expect as well.

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How Does HB 2862 Affect My Illinois Business?

 Posted on October 16, 2023 in Business Law

Wheaton, IL Business Lawyer

House Bill 2862 was passed by the Illinois General Assembly and signed into law by Governor JB Pritzker on August 4, 2023. The law will take effect on July 1, 2024, and make significant amendments to the rights and protections of day and temporary laborers in Illinois. Understanding the impacts the bill can have on your business is imperative. An Illinois business lawyer can provide a more in-depth overview of what the new changes bring and how best to ensure your business meets compliance.

What is HB 2862?

HB 2862, also referred to as the Temp Worker Fairness and Protection Act (TWFPA), is a law that expands the rights and protections of day and temporary laborers in Illinois. The law brings significant changes to the Day and Temporary Labor Services Act (DTLSA) and applies to businesses that use day and temporary laborers, as well as the day and temporary labor service agencies that provide these workers.

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How to Create a Durable Power of Attorney

 Posted on September 15, 2023 in Estate Planning

Wheaton, IL estate planning lawyerA durable power of attorney (POA) is a legal document that gives someone you trust the power to make decisions about your finances and health care matters if you become unable to do so yourself. The POA remains in effect even if you become incapacitated.

To create a durable POA in Illinois, you must:

  • Be at least 18 years old and of sound mind

  • Sign the POA in front of a notary public and at least one witness

  • The witness cannot be your agent, your spouse, your descendant, or your sibling

  • Include specific language in your POA, such as warnings and notices

Creating a power of attorney can be complex and overwhelming. There are a lot of ways in which the process can go wrong, namely in giving up powers you never intended. Speaking with an attorney is the best course of action to understand exactly what will benefit you most when filling out the form for a POA.

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The Influence of a Civil Judgment on Your Credit Score

 Posted on August 23, 2023 in Civil Litigation


Glen Ellyn, IL civil litigation lawyerA civil judgment is a legal ruling against an individual or entity in a non-criminal court case. These judgments can arise from various issues, such as unpaid debts, breach of contract, or personal injury claims. While the immediate implications of a legal judgment can be difficult to deal with, the influence on your credit score is a major concern.

How is Your Credit Score Impacted?

A civil judgment can have a detrimental effect on your credit score. Credit agencies may interpret it as evidence of financial insecurity and irresponsibility, resulting in a reduction in your credit score. This decline can make it challenging to secure loans, credit cards, or even favorable interest rates in the future.

With a civil judgment on your credit report, obtaining new credit can become arduous. Lenders may see you as a higher risk and may be hesitant to extend credit to you or may require higher down payments and collateral. A civil judgment will likely appear on your credit report for a considerable period, typically seven years or longer. Potential lenders, landlords, or employers may review your credit report, affecting their perception of your financial reliability.

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Is There Such a Thing as an Oral Contract?

 Posted on July 24, 2023 in Civil Litigation

Glen Ellyn, IL contract lawyerFor whatever reason, one may not have put an agreement with someone else in writing. While it is not ideal, it also does not mean that the agreement is completely unenforceable. If you can prove that the legal elements of a contract have been met, the agreement can still be upheld. To avoid legal issues, you should consult with a contracts attorney.

Oral Contracts Are Possible

It is possible to have a legally binding oral contract. However, you would need to prove that the following exist:

  • There was an offer and acceptance

  • There was consideration (meaning both parties have agreed to do something or forego a right)

  • There was an intention for both parties to be bound by a contract

  • Both parties had the legal capacity to enter into a contract

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Why Should Your Business Hire an Outsourced General Counsel?

 Posted on June 12, 2023 in Business Law

Glen Ellyn Business LawyerYour business will need legal help at various points. There are certain issues that you should not try to handle on your own. However, you may not have the budget to hire an attorney. An Illinois outsourced general counsel can work with your business on an ongoing basis and provide you with legal advice in numerous areas.

Staff Attorneys Can Be Costly

When you have a growing business, you may not have the resources to build your own in-house legal function. Not only do you have to pay an attorney’s salary, but you would also need to spend tens of thousands of dollars for employee benefits. You may simply not have the money. Still, your need for legal help does not go away. Outsourced general counsel allows you to get legal services while only paying for what you need.

You Can Work with the Same Attorney

It is always helpful to work with the same attorney. This lawyer will get to know you and your business. They will not need to take the time to start from scratch, costing you more money and effort. An outsourced general counsel is familiar with your legal issues and business aims. They know you, and they can tailor their legal advice to your business. They will be the legal point of contact for your company. 

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Which Business Formation Structure Will Suit Your New Company Best? 

 Posted on May 16, 2023 in Business Law

wheaton business lawyerThe process of registering a company with the state varies, depending upon the business formation structure chosen by the founders of each new enterprise. There are four primary company structures available to aspiring business owners. If you are hoping to launch a new business venture soon, it will be important for you to weigh the pros and cons of each opportunity before committing to one over the others.

Sole Proprietorships 

Sole proprietorships are owned by one individual, whereas partnerships involve multiple owners. These business formation opportunities offer particularly flexible managerial structures and do not require much work to set up. They are taxed on the individual returns of each owner and do not require much, if any, reporting to the state. They are often particularly appealing for low-risk, local business enterprises. Sole proprietorships do not offer any personal liability protection in the event that the company gets sued or falls behind on its financial obligations.

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