FREQUENTLY Asked Questions

The price of filing for divorce depends on the Illinois county in which you are located.  Additionally, the filing fees depends on if you are the petitioner (the spouse filing the divorce) or the respondent (the other spouse who has been served with the Summons and Petition).  Currently in Cook County, for the petitioner, the filing fee to be paid to the Clerk of the Circuit Court is $388.00.  For the respondent, the fee paid to the Clerk of the Circuit Court is $251.00. 

In Illinois, a divorce can take anywhere from a couple of months to a couple of years. The length of the divorce process depends on a number of factors, such as whether a waiting period is needed, if there are kids, if the parties disagree, and the relative ease of serving your spouse with the Summons and Petition. Some or all of these factors can increase the time to finalize the divorce.

Six months of living separated proves there are grounds for divorce. This separation does not have to be physical, but parties must prove that their marriage is unable to be fixed. Separation is only required if both parties are not willing to waive this six month requirement.  

One good reason to have an estate plan is to lower the cost of the probate process. These unnecessary fees can be huge. There may not be any disputes, yet your heirs may have to pay a lot in attorney's fees and other expenses related to a court case.

Other consequences include the delay of your estate being implemented and a loss of your privacy. A simple probate can take longer than year. And during this time, anyone can access your private information from the court. This includes family members, organizations, and creditors; they may try to use your information to challenge the validity of your estate plan. With our attorneys, you don’t have to worry about the unneeded expenses, delays or loss of privacy.

Having a will in place is an important step in ensuring your wishes are met and your assets are properly distributed following your passing. However, your estate plan may involve more than just preparing a will. 

There are other considerations that a will may not cover.  For example, it’s important to consider vital health care decisions. If you are unable to make decisions regarding your own health care, who will you turn to? Health care power of attorney and living wills are legal documents that spell out who medical professionals can turn to for answers about your continued care. These documents provide information about your health care wishes when you are unable to communicate them yourself.

Without a valid estate plan, your property will be distributed according to the state probate laws. The Illinois statutes state that if you die and are survived by a spouse, then all of your property will go to them. If you are only survived by children, then your children will inherit all of your estate. However, if you are survived by both a spouse and children, then your spouse and children will each receive half of the estate.

Though, if you are not survived by a spouse or children, then the future of your estate gets more complicated. First, your estate will be divided equally and go to your parents and siblings. If that is not a viable option, then it will be disbursed equally amongst the rest of your family such as your cousins, nephews, uncles, etc. And, although it is not common, if you are not survived by anyone, then your estate will go to the state of Illinois.

To be the guardian of a minor person you must be:

• At least 18 years old
• A United States resident
• Of sound mind and not under legal disability
• Not convicted of a felony
• Capable of providing an active and suitable program of guardianship.

A minor needs a guardian of his or her person when the minor has no living parents, when the parents cannot be found, or when the parents are unable or unwilling to care for the minor.

A minor needs a guardian of his or her estate when he or she has, or is about to receive, any money or property with a value of at least $10,000 (such as insurance, from an inheritance, or from the settlement of a personal injury case).

A minor is a person under the age of 18.

A petition for guardianship of the person of a minor should be filed by a person who is not the minor's a legal parent.  However, a legal parent may be named to serve as guardian of the estate of a minor.

An individual or institution, such as a bank or care management team, can become a guardian. An individual must be over the age of 18 years, be a resident of the United States, not be of unsound mind, not be an adjudged person with a disability, and not be convicted of a felony.

Maybe.  Having a Power of Attorney for Health Care and Property in his/her estate plan may avoid the guardianship process.  The Power of Attorney for Health Care grants the named Agent similar powers to the guardian of the person, and the Power of Attorney for Property grants the named Agent similar powers to the guardian of the estate.  If you do not have both of the Powers of Attorney, the guardianship process is the necessary default system for protecting mentally disabled adults in Illinois. However, a guardianship has strict court oversight and can offer a much higher level of protection for a disabled adult. Guardianships also carry more authority with institutions, such as hospitals and banks since they are validated by a Court. With the power of the Court, a guardian can typically get more authority to take swift action on behalf of a disabled person. Whether you need to pursue guardianship even after drafting powers of attorney is whether the prospective ward is cognitively disabled.  This determination should be made by a physician.

A ward is a person determined by the Court to be disabled.

Guardianship will last as long as the adult is disabled.  In most cases, guardianship is in place for the remainder of the ward's life.