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If you are getting divorced, you may understandably worry about the financial consequences of ending your marriage. In some cases, a divorcing spouse is entitled to financial assistance from the other spouse, which is referred to as spousal maintenance or spousal support. This financial support, called alimony in other states, can be a major source of financial relief for the recipient spouse. However, it can also be a significant expense for the paying spouse. It is important for every divorcing spouse to understand the role spousal support may play in their divorce.
Some spouses are entitled to spousal support because they have already signed a prenuptial agreement that dictates the amount and duration of support to be paid in the event of divorce. Spouses may also be able to negotiate the terms of spousal support and reach an agreement without the court’s involvement during the divorce process. Spouses also have the right to petition, or ask, the court for spousal support. The court has the discretion to award spousal support or deny the request.
Non-disclosure agreements (NDAs) are employment contracts between employer and employee that serve as a necessary safeguard to protect business trade secrets. Such trade secrets include proprietary information of the disclosing party and any research or knowledge that is not yet patented or copyrighted. There are two types of non-disclosure agreements: unilateral and mutual. The one-party unilateral NDA is the most common. Unilateral NDAs specify employee confidentiality during and after employment and usually includes an expiration date.
Every NDA is distinctive to the business’ needs. Astutely drafted NDAs are more likely to be upheld by the courts. NDAs with overreaching provisions may be ineffective and subject to litigation. So, it is essential that an NDA is precisely customized to the employer’s needs.
After a person dies, their loved ones will need to sort out their final affairs. The person who was named as the executor of the estate in the deceased person’s will is responsible for filing the will in probate court and overseeing the process of distributing the person’s assets to their heirs. There are a variety of complications that can arise during this process, and in some cases, the deceased person’s family members or other expected beneficiaries may dispute the validity of the will. By understanding the reasons why a will may be contested, executors, beneficiaries, or other involved parties can determine their options for addressing this issue.
After a will is filed in an Illinois probate court, interested parties (including beneficiaries, expected heirs, or creditors) will have six months to contest the will. However, there are only a few specific reasons that a will may be contested. Family members or other heirs generally cannot contest a will simply because they are unhappy with the decisions that were made. Instead, the validity of a will may be disputed if a person believes that there is evidence that the terms of the will went against the deceased person’s actual wishes. Reasons that a will may be found invalid include:
When family law cases involve children, including situations where parents get divorced or child custody cases where parents are unmarried, child support will often be a factor. This form of support will ensure that children’s ongoing needs will be met. While parents may expect that child support will be paid by one parent to the other, they may not be fully aware of what child support is meant to address and what types of expenses will be included. By working with a family law attorney, a parent can make sure they understand how the law applies in their situation, and they can ensure that child support orders will fully address their children’s needs.
Under Illinois law, a statutory formula is used to calculate what is known as a “basic child support obligation” based on the amount of income earned by both parents and the number of children they share. This amount is meant to provide for children’s basic, everyday needs, including making sure they have the necessary food and clothing and providing them with a place to live. After a basic support obligation is calculated, it will be divided between the parents based on the amount that each parent contributes to the couple’s combined income.
Business owners will need to address a variety of legal issues when establishing and operating a business. One of the most important decisions that will need to be made involves how a business will be structured. During the business formation process, owners or partners will need to select the correct type of business entity, meet all legal requirements for registering the business, and ensure that the proper organizational structure, management practices, and reporting procedures are in place. In many cases, structuring a business as a limited liability company (LLC) can provide a number of benefits. By working with a business law attorney, owners and partners can make sure they follow the correct procedures to create and operate an LLC.
LLCs provide many of the benefits of corporations while providing owners with the ability to maintain control over business operations and make changes as needed. An LLC may have a single owner, or multiple partners (known as members) may share ownership. If necessary, new members can be added when a partner purchases an ownership share of the company or steps into a leadership role. Advantages of an LLC include:
There are many reasons why a couple may choose to enter into a prenuptial agreement before they get married. These agreements, which are commonly known as “prenups,” will detail how certain issues will be handled if a couple chooses to get divorced in the future. A person who owns significant assets may use a prenup to ensure that they can maintain ownership of these assets in the case of divorce. A couple may also make decisions about whether either party will receive spousal support or how different types of marital property will be divided. While these agreements can be very beneficial, it is important to make sure that an agreement is legally valid and will be enforceable if a couple chooses to get a divorce in the future.
Businesses often rely on contracts to protect their rights and interests, and these legal agreements can protect them from financial losses if they meet all of their contractual obligations. However, there are many cases where a business may be placed in a difficult position because another party failed to fulfill a contract’s terms. In these cases, a business may pursue a breach of contract lawsuit, and it may seek to recover damages from the other party to address the losses that it experienced because of the breach.
When pursuing civil litigation to address a breach of contract, a plaintiff will not only need to show that the defendant failed to meet their obligations under the contract, but they will also need to demonstrate that they suffered harm because of the breach. If a plaintiff proves that the defendant’s actions caused financial losses or other forms of harm, a court may award damages to the plaintiff. These damages may include:
During the estate planning process, most people will focus primarily on what will happen after their death, addressing how their property should be distributed among their heirs and how they want to handle the disposal of their remains. However, an estate plan can also address how certain matters will be handled while a person is still alive, including the types of medical care they will receive. Addressing these issues in your estate plan can be important, since it will help your family members avoid uncertainty, and it will ensure that you will receive the medical care and treatment you want, no matter what happens.
Illinois law allows you to create the following types of advance directives to address your medical treatment:
Living will - This document addresses what you would like to happen if you become terminally ill and cannot express your wishes regarding your treatment. You can specify whether you want life-sustaining treatment to be provided or withheld or whether you want to receive treatment meant to provide comfort and ease your pain. A living will only applies in situations where you have an irreversible condition that will lead to your death, and any treatment provided would only delay death temporarily.
There are multiple types of business contracts that can provide a business and its owners with legal protections and ensure that a company will be able to operate successfully. A well-drafted partnership agreement is one of the most crucial types of contracts for a business since it will define the relationship between business partners and ensure that they fully understand their rights and responsibilities. When creating a partnership agreement, an attorney with experience in business law and contractual issues can make sure the terms of this contract will protect the partners’ rights and meet their ongoing needs.
A partnership agreement should address:
Percentage of ownership - An agreement should fully detail each partner’s stake in the company based on the money or assets they have invested. An agreement should also describe how profits and losses will be allocated between the partners, and these allocations will usually be based on each partner’s ownership percentage.
Having a child can bring a couple closer together and make them more committed to each other. Unfortunately, child-related matters can be some of the most divisive and contentious issues that can arise if the couple decides to break up. Child custody cases can become heated, with parents turning on one another. This is why it is critical to have a skilled Illinois child custody attorney to represent you.
In Illinois, “allocation of parental responsibilities” is the legal term now used to refer to child custody. In any custody case, the courts will have to decide how parents will share responsibility for making decisions regarding the child (i.e., education, health, and religion) and what percentage of time the child will spend with each parent. All of this information is stipulated in a parenting plan that is ultimately approved by the court.
From our office in Glen Ellyn, Illinois we serve clients throughout the area including but not limited to Wheaton, Lombard, Villa Park, Carol Stream, Glendale Heights, Addison, Bloomingdale, Elmhurst, Winfield and DuPage County.
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