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Posted on in Legal Separation

McHenry County legal separation lawyerThe decision to divorce is not an easy one to make for many people, especially if a couple has been married for a long time. In certain situations, spouses may opt to try a legal separation before officially divorcing. Following an order of legal separation, estranged spouses will agree to live independently of each other, separating both their physical residences and their finances. The couple will remain legally married, and neither spouse can remarry unless they get a divorce.

As the old adage says, “Absence makes the heart grow fonder.” For some partners, living apart allows them time to work on their marital problems. However, they may also find that they are thriving on their own and enjoy living separate lives. If you are considering which option is best for your situation, it is important to know the legal requirements for legally separating in Illinois. In the state of Illinois, some of the same issues that are addressed in a divorce will need to be resolved in a separation.

Advantages of a Legal Separation

A legal separation is more than just a couple living in different homes. In a legal separation, decisions regarding the allocation of parental responsibilities and parenting time, child support, and spousal maintenance will all need to be made, just like in a divorce. Property division may only be made if the parties agree. A legal separation agreement will need to be prepared. This legally binding document can be especially beneficial for any children the couple had together since it provides for their well-being. For a parent who stayed home to raise kids, spousal support can help him or her financially while he or she seeks employment or goes back to school.

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McHenry County bankruptcy attorney chapter 7 13There are many ways a person can build up debt that he is unable to repay. An individual may accumulate multiple high-balance debts, such as a mortgage, auto loans, medical bills, or credit cards. Whether it is due to poor luck or decisions that did not work out as planned, when a person gets in over his head, he has the option to file for bankruptcy.

Bankruptcy allows a person to have a second chance if he no longer has the resources to repay his debts. While there are benefits to bankruptcy, such as the forgiveness of some debts, it will negatively affect a person’s credit score and his ability to borrow money in the future.

There are two common types of bankruptcy available to individuals, and each one has different requirements and regulations:

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McHenry County minor guardianship lawyerWhen a baby is born, the parent of that child has the immediate authority to make decisions on behalf of that child. Formal adoption of a child will also grant the same parental ability. However, unfortunate circumstances sometimes require the child to be cared for by someone who is not a biological parent, such as the death of both parents. In these cases, a guardian is appointed to care for and make parental decisions on the child’s behalf.

What Is a Guardian?

When both parents are unable to care for their child, a guardian will be appointed to step into the parental role. A guardian does not have to be related to the child, but the guardian must be 18 years or older and a resident of the United States. A potential guardian must not have any legal disability preventing the ability to care for the child or a felony conviction that would endanger the child. In most cases, the circuit court appoints a guardian. The difference between adoption and guardianship is that guardianship ends when the child turns 18 years old.

Legal Steps for Guardianship

If you are trying to become a temporary or permanent guardian, a petition must be filed with the court. A Guardian ad Litem will be appointed by the Court to investigate whether the child requires a guardian and whether you are an appropriate person to appoint as guardian. Then, a hearing date will be set, and instructions to notify the parents and the family of the child will be given. During the hearing, the Guardian ad Litem will speak to the judge assigned to your case, and you and any objectors to the guardianship will be heard as well. A judge will order the guardianship after a hearing under the following circumstances:

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Carpentersville foreclosure defense lawyerIf you are struggling to make your mortgage payments, the threat of losing your home can be a terrifying thought. After a mortgage is in default, the lender can sue to have the right to sell the property in what is known as a foreclosure sale. Throughout the United States, more than four million people have lost their homes to foreclosure since 2007. If you are facing the potential foreclosure of your home, you should be sure to understand the procedures that will be followed and the legal options available to you.

The Foreclosure Process

When a mortgage has not been paid, a lawyer from the lending institution may begin a lawsuit by filing a complaint in court. After that, a summons and complaint are delivered by a process server or a sheriff. The summons is a notification of the case being filed. Within 30 days of receiving the summons, you must either file an answer and court appearance or a motion of your own.

A status date is stamped on the complaint itself. This is the first court date if neither party files a motion to be heard prior to that date. During the status hearing, the bank’s lawyer will update the assigned judge regarding the status of the property. At this time, you may be able to request mediation, during which you and a representative of the lender will meet with a mutual third party to discuss loss mitigation. This means that options other than foreclosure can be discussed, and you may be able to work out an arrangement that will allow you to stay in the home through solutions such as a repayment plan or loan modification. There are also options in which you may be able to sell the home without going into foreclosure.

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McHenry County prenup attorneyAlthough prenuptial and postnuptial agreements are often associated with the benefits they may provide during the divorce process, not all of their perks are related to divorce, or even legal separation. While you are blissfully planning your upcoming nuptials or are happily married, you may find the idea of a prenup or postnup unromantic or unappealing. However, these types of contracts do not doom your marriage to failure. Marriages that begin with such contracts often have a more open and honest beginning, which can create a stronger foundation for a long-lasting union.

These are some of the primary benefits that many couples enjoy when they create a prenuptial or postnuptial agreement:

Open Communication Before You Say “I Do”

Finances are often a hot topic during divorce cases, especially when it comes to hidden debts or assets. Many people enter into marriage only to discover that their new spouse has thousands of dollars in student loan debt. When you add that to the price of a potential mortgage and the wedding expenses themselves, there may be little left with which to begin a family. A discovery of this magnitude can put a strain on any union and alter the dynamic of a family, forcing spouses to adjust their goals and expectations for their marriage.

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