DIVORCE

The attorneys of Laura A. Epstein & Associates, LLC, provide individually tailored legal guidance to clients facing the unpleasant experience of dissolution of marriage.  Because divorce is so personal, we offer a highly personalized style of representation in all aspects of divorce and divorce-related matters.  This highly personalized level of service allows us to place our legal advice within the larger context of our clients’ emotional well-being.

You Can Depend On Us To Act For You

During a divorce, we can meet the needs of a variety of clients holding divergent goals. For those clients whose rights are best protected by litigation, we offer decades of experience in resolving divorce-related disputes through the judicial system.  Most people would prefer to resolve their legal issues without litigation wishing to avoid the heartache and expense that can often accompany divorce litigation.  For those few that have spouses with the same sentiment and if both parties are within the realm of fairness, there are alternative dispute resolutions that emphasize cooperation over conflict as the best means of bringing a divorce to its conclusion. When delicate family relationships are involved, a cooperative approach to divorce can often pay long-term dividends for our clients.

Unfortunately, if spouses were able to work out their issues, they would likely still be married.  Therefore, the vast majority of the parties are in high conflict situations and unable to reach fair settlement with their partner without litigation.  If litigation is necessary, our firm will zealously represent your interest with consideration for the best interest of your children and to maximize your legal interest.

Under either approach, divorce clients come to appreciate our signature candid advice as a sign of how much we genuinely care about them. We know our clients are depending on us for the frank answers they need when making difficult, deeply personal choices. Because they know our true opinions about their cases, our divorce clients respect our experienced judgment in their child related matters and with matters regarding their children, financial division of assets and support.

PAternity

The Illinois Parentage Act of 2015 applies to cases requiring the determining of the parent child relationship and therefore the Act is typically used when the parties are not married.  After the parent child relationship is established, the obligations of the parents for the benefit of the child will likely be determined, such as setting support.  Additionally, a judgment entered in these cases may contain provisions concerning the custody and guardianship of the child and parenting time privileges with the child.  As with most cases, it is important to understand your rights with respect to the Illinois Parentage Act prior to any court involvement.  Our attorneys, Laura Epstein and Nicole Beran, have decades of experience with the Paternity laws and are available for a consultation to discuss your specific situation.

ALLOCATION OF PARENTAL RESPONSIBILITIES

The issue of allocation of Parental Responsibilities and Designation of a Child Custodian is the paramount issue to most parents that have minor or dependent children.  Laura A. Epstein & Associates, LLC will provide personalized, compassionate legal services focusing on your relationship with your child or children. We genuinely care about you and your family. We want to be part of the solution for you and your family.

By helping you put in place a Parental Responsibility Plan in a divorce proceeding or a custody judgment and parenting time / visitation privileges in your paternity case, we help maintain your children’s relationships and family harmony in consideration of the separation of the parents.  These rules can help keep the peace in your family and with former partners. They can also set out consequences for when those rules are broken.

Although sometimes the law is less tolerant of the emotional component in family law issues, we understand the sensitivity of human dynamics in these interrelated family dynamics. To achieve your goals in these extremely important matters, our attorneys focus on your emotional needs as well as your legal ones.  

Parental relocation

The Illinois law recently changed with respect to the ability of a divorced parent to relocate the residence of a minor child.  The previous law distinguished between relocating the child or children from the State of Illinois to a different state.  The new law provides that, absent an order to the contrary, the parent with whom the child or children currently primarily live must request permission from the other parent or the court in order to relocate with the child or children unless:

1.         The child or children currently reside in the counties of Cook, DuPage, Lake, Kane, McHenry, or Will county, and the parent is relocating the child or children anywhere within 25 miles of his current residence;

2.         The child or children reside in any other county in the State of Illinois not mentioned above, and the parent with whom the child or children currently live is relocating within 50 miles of their current residence; or

3.         The relocation is outside the borders of the State of Illinois; however, is less than 25 miles from the location where the child or children currently reside.

If the parent wishes to relocate with the children beyond the scope mentioned above and the other parent does not approve the relocation, an experienced attorney will help navigate the way in a court proceeding.  Laura A. Epstein & Associates, LLC is available to discuss your options.

child support & educational support

Parents supporting a child or children with two separate households is challenging for all.  Even with good intentions, it is understandable for a supporting party to feel burdened with the support payment made to the other party and will desire to minimize his or her required court ordered payment and the parent receiving support likely feels the payment is not enough when faced with the seemingly never ending child related expenses.  Laura A. Epstein & Associates, LLC understands the importance of maximizing each party’s respective interest when determining the issue of child support as the amount ordered makes a substantial difference in the lives of most parents and their families.

The issue of child support laws in Illinois has been evolving and it is expected it may change again in the near future.  Currently the law states the “supporting parent” of a minor child or children has an obligation to pay child support to the other party based on a percentage of the supporting parent’s net income.  The formula to determine support for a child under the age of eighteen or under the age of nineteen, if the child is still attending school, is outlined in the Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/505.  The law also allows the court, in its discretion, to require the parent or parents to contribute to expenses related to health care needs not covered by health insurance, child care, education and extra-curricular activities incurred for the benefit of the minor child or children. 

 Many incorrectly believe when the child reaches the age of majority, their obligation to support that child is over.  The court may also require either or both parents to contribute to the educational expenses of a child after the child reaches the age of 18 if the child is still attending high school, as with a disabled child, or if the child is attending a college or university.  The Illinois Marriage and Dissolution of Marriage Act provide an outline for the specific expenses a party may be required to contribute that are considered “educational expenses” which may include tuition and fees, housing, medical insurance and health related expenses, and other expenses.

Marital property division

There is a clear advantage to the parties when they have competent attorneys with an understanding of financial matters representing their respective interest with the division of their marital assets.  It is best for both parties to attempt to resolve their financial matters without litigation if possible.  If both parties are being fair to the other and have their interest properly represented, they have a strong possibility of settlement of their financial division of assets without the cost of extensive litigation. 

When marital property division arises in a divorce, especially with complex financial assets, such as with a marital business, an experienced attorney that understands these complex financial issues is necessary.  Many times a knowledgeable attorney in finances will make a difference that will positively impact both parties.  Laura A. Epstein & Associates, LLC, has years of experience in providing clients with the legal solutions they need in order to attempt to settle their case, and if the settlement negotiations fail, we have the skill and knowledge to represent your interest at a contested hearing.   

Because our attorneys understand adversarial proceedings as well as collaborative approaches dedicated to cooperation between parties, we can offer our clients a full menu of legal options when it comes time to divide marital property.  Our lawyers work closely with all of our clients to understanding their unique circumstances. 

SPOUSAL SUPPORT & MAINTENANCE

Divorce is not just difficult emotionally, it is also difficult financially. Couples who shared two incomes can really start to struggle after a separation and a not working spouse may be further challenged by a separation.  Too few clients understand their rights when it comes to maintenance (sometimes referred to as “alimony” or “spousal support”).  Recently the law regarding maintenance has been amended to provide more guidelines for determining this issue which is set forth in the Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/504.

 The maintenance law provides standards for determining if entitlement to maintenance is appropriate.  If maintenance is determined to be appropriate, the next step would be determining the amount of the maintenance payment and for how long the maintenance payment will be paid.  The law outlines multiple factors that used in this formula.  Whether you are the spouse obligated to pay maintenance or the spouse entitled to maintenance, it is important that your interest be represented by an attorney with knowledge and experience to maximize your interest. 

Prenuptial & Post nuptial agreements

Prenuptial agreements and post nuptial agreements are legal contracts that allow parties to agree to the terms of a divorce with respect to their financial assets and with respect to maintenance/ spousal support.  Many times, especially between persons that have been married before and have children from a relationship with someone other than the person they intend to marry, a prenuptial agreement is a necessary piece of mind when considering the risks of a divorce. The Illinois Uniform Premarital Agreement Act, 750 ILCS 10 governs the construction, validity, and enforcement of a prenuptial agreement.  If a person is contemplating marriage, it is best to consult with a knowledgeable attorney regarding their options with a prenuptial agreement.  The prenuptial agreement is entered into before the marriage and becomes effective at the time of the marriage.

If a marriage fails and the parties had a valid prenuptial agreement, one party will attempt to have the terms of the prenuptial agreement adopted as the final orders in a dissolution of marriage proceeding and the other spouse may wish to invalidate the enforceability of the prenuptial agreement.  

 Post nuptial agreements are legal contracts entered into by the spouses after the parties already married.  The Rights of Married Persons Act, 750 ILCS 65 states in section 6 that contracts may be made by any married person and may be enforced against that person to the same extent and in the same manner as if unmarried.

 There are specific requirements of a prenuptial agreement and post nuptial agreement in order for each to be considered a valid enforceable agreement and different laws apply.  It is important that both parties consult with their own independent attorney in order to understand their respective rights with respect to any contemplated such agreement and in order to protect the validity of the agreement. 

 

Adoptions

Laura A. Epstein & Associates, LLC has the knowledge and experience to assist with the very important legal adoption process and understands the process.  There are generally two types of adoptions.  The first is a related adoptions which occurs when either or both of the adopting parents has a relationship to the child desired to be adopted by blood or marriage.  For example, if a step parent wishes to adopt his or her spouse’s child or children, the laws regarding related adoptions will apply.  If the adopting parent or parents are not related to the child desired to be adopted, then there are additional requirements necessary under the Illinois Adoption Act order to finalize the process.  Sometimes the birth parent or parents agree with the adoption which simplifies the process.  If the birth parent or parents contest the adoption, this adversarial process requires experiences counsel at these sensitive issues. 

When you are considering adoption, you do not want to be focus on the legal technicalities involved in the process.  Instead, let our experienced lawyers do that for you.  At Laura A. Epstein & Associates, LLC, we tend to our clients’ emotional well-being and compassionately advise them as to the meaning of the legal requirements involved in adoption.  Compassionate Legal Guidance From Experience Professionals

Our attorneys excel at working with each of our adoption clients on an individual basis.  We will help you understand how the adoption process applies in your specific circumstances and how it can secure your rights and those of your child. 

custody designations & GuardIANship

Sometimes a relative or other interested person has serious concerns for the care of a child.  This may cause a sense of hopelessness without understanding the legal possibilities of a non-parent.  Under certain limited situations, the issue of the rights of persons other than the parent of a child may be addressed at court. There are many different areas of laws that may serve to assist non parents with respect to custody designations, guardianship, and visitation.  For example, a person other than a parent may file a petition for allocation of parental responsibilities if the child is not in the physical custody of one of his or her parents.  Additionally, in limited situations a petition for visitation of a minor child may be filed by grandparents, great- grandparents, step-parents, and siblings if there has been an unreasonable denial of visitation by a parent.  It is important to have the knowledge of the law in order for non-parents to make appropriate decisions considering the best interest of the children that they love.  Laura A. Epstein & Associates, LLC is able to educate non-parents on their legal possibilities.

Domestic violence & Orders of protection

The Illinois Domestic Violence Act of 1986 recognizes “domestic violence as a serious crime against the individual and society which produces family disharmony in thousands of Illinois families, promotes a pattern of escalating violence which frequently culminates in intra-family homicide, and creates as emotional atmosphere that is not conducive to healthy childhood development.” 

 

One of the purposes of the Act is to “Support the efforts of victims of domestic violence to avoid further abuse by promptly entering and diligently enforcing court orders which prohibit abuse and, when necessary, reduce the abuser's access to the victim and address any related issues of child custody and economic support, so that victims are not trapped in abusive situations by fear of retaliation, loss of a child, financial dependence, or loss of accessible housing or services; ...”

At the law offices of Laura A. Epstein & Associates, LLC, we understand the circumstances of domestic violence and fear further compound a difficult challenge when dealing with child related issues and a separation or divorce.  Sometimes the fear of domestic violence makes it emotionally impossible to file for divorce.  The Domestic Violence Act is designed to assist in the protection of those victims of domestic violence.  Divorce is difficult without the fear for safety. It is very important that people are able to make decision for themselves and their family without the fear created by domestic violence. 

Some of our clients have been unfortunately been living in fear and feeling trapped for such a long time they forgot how enjoyable life can be without the added emotional burden associated with domestic violence.  Not only are the parties affected by domestic violence, but their children are clearly affected.  If children are raised with domestic violence, this may be the only family life they know. It is important to teach by example the necessity of life without violence.  Our attorneys, Laura Epstein and Nicole Beran, understand the high importance of the parties and their children to be protected from violence.  Many times the person is too embarrassed to address the issue of violence in their home or they have been repeatedly threatened not to discuss these issues. Our firm works hard at removing the internal conflict in our clients in order for them to work towards a life free of domestic violence.   

The Illinois Domestic Violence Act of 1986 was also designed to protect high risk adults with disabilities.  The elderly population and disabled population is at risk for being victims of domestic violence and many times, because of their living situation or personal abilities, are unable to bring the abuse to the attention of others in order to receive the protection they need.  Domestic violence includes the “neglect” of a high risk adult with disabilities.  If you suspect a loved one or other high risk adult with disabilities is a victim of domestic violence, it is important to report the abuse and/ or seek assistance of legal counsel in order to protect those that are unable to protect themselves.

Estate planning: wills & trusts

Planning for the end of life or in the event of a disability is sometimes put off as we do not wish to recognize our own mortality.  The biggest mistake is failing to create a plan in the first place.  In addition, without an estate plan, you are failing to state who will be the guardian of your children or who will act for you if you become incapacitated.   It is necessary and important to make sure your intentions are documented in your personal estate plan.  A proper estate plan will memorialize how you wish for your assets to be distributed when you die, will address how your want your affairs handled in the event of a disability, and will appoint a guardian for your minor children. 

A properly drafted estate plan not only specifies what will happen to your assets when you die; it also plans for what happens if you become incapacitated. It is important to have documents, such as a power of attorney for property and a power of attorney forhealth care that appoint someone you trust to act on your behalf if you are unable to act or make decisions for yourself.

Depending on your financial situation or the needs of loved ones, you may benefit from a trust.  A trust is a fiduciary relationship that allows a third party or trustee to holds assets on behalf of the beneficiary or beneficiaries.  A trust is traditionally used for minimizing estate taxes; however, there are many benefits to a trust.  A trust may be able to pass outside of probate, saving court costs and time.  Because probate is public, a trust protects allows the situation to remain private.  A trust allows you to control and specify the terms of distribution.  Additionally, a revocable trust may be established so that the trust assets remain accessible to you during your lifetime.  There are many options with the creation of a trust that are dependent of the individual needs of the client. 

Laura A. Epstein & Associates, LLC creates custom estate plans for all types of situations, from simple to the most complex. Whether your assets are minimal or very substantial, each of our clients receives personalized attention from one of our knowledgeable attorneys experienced in estate planning.

Probate of the will

Probate applies to the administration of a deceased person’s estate in the court system.  If there is a will, an Executor is assumedly designated in the will to represent the estate.  The Executor would be responsible for filing the will with the clerk of the local county where the deceased person resided.  Once the will has been filed, the deceased person has the duty to file a petition to probate within 30 days.  When the will has been admitted to the court and the named Executor has been appointed as the representative of the estate by the probate court, the court will issue “Letters of Office” or “Letters of Testament” which is used by the Executor to transact business on behalf of the estate.  The probate of the estate may be by independent or supervised administration.  Under independent administration, the Executor does not require approval of the court on each transaction of business.  The Executor is responsible for collecting an inventory of all the assets and determining the financial debts of the estate.  The deceased person’s will provide specific powers to the Executor to administer the estate. In general terms, after collecting all the assets and paying the debts, the Executor will provide a final accounting to the beneficiaries, if the beneficiaries approve the final accounting they will acknowledge their approval on a receipt sent back to the Executor. Assuming the estate’s assets are greater than the debts, upon receipt of the beneficiaries of their approval of the final accounting, the Executor will make the distributions to the beneficiaries. 

The Executor is most likely to retain an attorney in order to represent him or her during the probate process.  Additional legal issues arise when there is disagreement among the beneficiaries as to the handling of the estate or if there is an allegation the Executor is failing to handle the estate appropriately.  It is important to understand the process and consult with an attorney regarding the options available if the probate process becomes adversarial.

Guardianship of a disabled adult or minor

The Probate Act of 1975 addresses the process for obtaining guardianship of an adult person with disabilities and also the process for obtaining guardianship of a minor child.  Under the Probate Act, a guardian may seek guardianship of a disabled adult or minor child’s person and / or estate. Guardianship of a Person is used when the minor or the disabled adult has no property and no income.  A Guardian of the Estate has the care, management, and investment of property owned by the minor child or disabled adult.

 In order to provide and to make decisions on behalf of an adult with disabilities, without documents providing for an agent to make decision on behalf of an adult with disabilities, seeking a guardianship of the person will be necessary.  Many times this is a simple procedure if the guardianship is not contested.  Sometimes there is a dispute between the family members as to who should act an guardian of the adult person or the acts of the guardian on behalf of the adult are questioned, such as whether a nursing home is appropriate or home care.

Most adversarial guardianship proceedings occur when there is a dispute with respect to whether there should be a guardian appointed, who should act as the guardian, or question as to the acts of the guardian already appointed. 

 Sometimes the adult with disabilities is contesting the need for the guardianship.  A contested guardianshiphearing may be required if the parents of an adult child with mental disabilities believes their child is not capable of making appropriate decisions for his or her own care and the adult child believes he or she is competent to make his or her own decisions.  A contested guardianship proceeding may involve an elderly parent spending money in a manner that may be a result of his or her competence and the children have concerns or the children wish to protect their elderly parent from being a victim of financial or personal abuse. Most adversarial guardianship proceedings occur when there is a dispute with respect to whether there should be a guardian appointed, who should act as the guardian, or question as to the acts of the guardian already appointed.

 Guardianship of a minor child under the Probate Act provides that a non-parent parent may seek guardianship of a minor child if the parents voluntarily relinquished physical custody of the child and is unwilling or unable to make and carry out day to day child care decisions; failed to appear for a hearing after proper notice and is unwilling or unable to make and carry out day to day child care decisions; and / or consented to the guardianship, either in open court or by a written document that is dated, signed and notarized. 

 A properly planned estate will have designated a guardian of a minor child which would facilitate the proceeding for legal guardianship in probate court.

 Dependent on the particular circumstances, a non-parent may seek to obtain guardianship of a minor child under the Probate Act or may seek Parental Responsibilities under the Illinois Marriage and Dissolution of Marriage Act.  Considering the extreme importance of handling these cases appropriately, it is necessary to work with an experienced attorney aware of the appropriate laws that affect your particular unique situation.  Laura Epstein and Nicole Beran have the experience in these situations in order to assist you with the exemplary legal guidance to which you and your loved ones depend.

DCFS Investigation & appeals

The Probate Act of 1975 addresses the process for obtaining guardianship of an adult person with disabilities and also the process for obtaining guardianship of a minor child.  Under the Probate Act, a guardian may seek guardianship of a disabled adult or minor child’s person and / or estate. Guardianship of a Person is used when the minor or the disabled adult has no property and no income.  A Guardian of the Estate has the care, management, and investment of property owned by the minor child or disabled adult.

In order to provide and to make decisions on behalf of an adult with disabilities, without documents providing for an agent to make decision on behalf of an adult with disabilities, seeking a guardianship of the person will be necessary.  Many times this is a simple procedure if the guardianship is not contested.  Sometimes there is a dispute between the family members as to who should act an guardian of the adult person or the acts of the guardian on behalf of the adult are questioned, such as whether a nursing home is appropriate or home care.

Most adversarial guardianship proceedings occur when there is a dispute with respect to whether there should be a guardian appointed, who should act as the guardian, or question as to the acts of the guardian already appointed. 

Sometimes the adult with disabilities is contesting the need for the guardianship.  A contested guardianshiphearing may be required if the parents of an adult child with mental disabilities believes their child is not capable of making appropriate decisions for his or her own care and the adult child believes he or she is competent to make his or her own decisions.  A contested guardianship proceeding may involve an elderly parent spending money in a manner that may be a result of his or her competence and the children have concerns or the children wish to protect their elderly parent from being a victim of financial or personal abuse. Most adversarial guardianship proceedings occur when there is a dispute with respect to whether there should be a guardian appointed, who should act as the guardian, or question as to the acts of the guardian already appointed.

Guardianship of a minor child under the Probate Act provides that a non-parent parent may seek guardianship of a minor child if the parents voluntarily relinquished physical custody of the child and is unwilling or unable to make and carry out day to day child care decisions; failed to appear for a hearing after proper notice and is unwilling or unable to make and carry out day to day child care decisions; and / or consented to the guardianship, either in open court or by a written document that is dated, signed and notarized. 

A properly planned estate will have designated a guardian of a minor child which would facilitate the proceeding for legal guardianship in probate court.

Dependent on the particular circumstances, a non-parent may seek to obtain guardianship of a minor child under the Probate Act or may seek Parental Responsibilities under the Illinois Marriage and Dissolution of Marriage Act.  Considering the extreme importance of handling these cases appropriately, it is necessary to work with an experienced attorney aware of the appropriate laws that affect your particular unique situation.  Laura Epstein and Nicole Beran have the experience in these situations in order to assist you with the exemplary legal guidance to which you and your loved ones depend.

Juvenile court proceedings: Child abuse, neglect & dependency cases

During an investigation by DCFS or if DCFS is involved with you and your family, DCFS may decide to request the case be sent to Juvenile Court or a petition from another agency such as from the State’s Attorney’s Office may be filed requesting juvenile court involvement.  In order for the juvenile court to be involved with you and your family there needs to be a finding the child or children are abused, neglected, and / or dependent minors. 

If you are involved with juvenile court, the process is incredibly scary and frustrating.  It is common for guardianship and custody to be removed from the parents or caregiver.  Additionally, it is possible for the States’ Attorney to request that your parental rights be terminated if you are not making reasonable efforts to have your child or children returned home to your care.  The determination of “reasonable efforts” is extremely important and every court appearance and meeting with DCFS or their contracting agency is important and may make the difference in the outcome of your case. 

With so much at stake, it is best to seek the guidance of an attorney knowledgeable in the Juvenile Court Act of 1987 and DCFS regulations, policies and procedures.  Understanding the juvenile court process, DCFS rules, and your rights and responsibilities is essential for protecting yourself and your children in these sensitive matters.  If you have been indicated by DCFS for child abuse or neglect or are involved with DCFS and / or juvenile court the

Modification of orders

Many times our clients require a modification of the orders that have been previously entered in a case.  For example, if there is an income change in a party, modification of a child support order or maintenance order may be warranted and necessary.  Also child related orders dealing with parental responsibilities or parenting time/ visitation may be necessary.  Our firm carefully reviews the previous orders already entered in a court case, the change in the party or parties’ financial situation or parental situation, and then considers the cost associated with pursuing the modification of the order in order to determine whether pursuing the modification is recommended.  If there is a change in the circumstances warranting or requiring a modification of a support order, it is best to seek legal representation as soon as possible to assess your situation as any modification of a court order would only be applicable after the appropriate court document has been filed in your court case.