FAQs
Get clear answers to common legal questions in our FAQs.
Divorce, Child Custody, and Estate Planning FAQs in Illinois
At Law Better, we answer common questions to help you better understand family law and estate planning. We explain things in plain language so you can quickly find the information you need and feel more confident about your situation.
Our FAQs cover topics like divorce, child custody, support, wills, trusts, and what to expect during the legal process. We focus on giving you clear, straightforward answers without legal jargon.
If you don’t see your question here, or if your situation is more complex, we’re here to help. Contact us to talk through your specific needs and get guidance tailored to you.
Why Estate Planning Matters in Illinois
Many people believe estate planning only applies to the ultra-wealthy, but that’s not the case. You use estate planning to protect your loved ones and ensure others honor your wishes. A well-crafted plan gives you peace of mind and delivers real benefits—no matter the size of your estate.
- Protect Your Loved Ones and Assets
If you don’t create an estate plan, Illinois law will decide how to distribute your assets. That outcome may not reflect your wishes and can lead to family disputes or financial strain. With a Will or Trust, you decide who inherits your property, how much they receive, and when they receive it. You can also name guardians to care for minor children and protect their financial future. - Avoid Probate
If you don’t place your assets in a trust or assign beneficiaries, your estate will likely go through probate. This court-supervised process often takes time, costs money, and becomes public. By using tools like a Revocable Living Trust, you can bypass probate, save your family time and legal fees, and keep your matters private. - Minimize Taxes
Illinois imposes an estate tax on estates exceeding $4 million. With proper planning, you can reduce this tax burden and pass more of your assets to your loved ones. An experienced estate planning attorney helps you navigate these rules and choose the right strategies. - Plan for Incapacity
Estate planning also prepares you for the unexpected. By creating a Durable Power of Attorney and a Healthcare Power of Attorney, you choose trusted individuals to make financial and medical decisions if you become unable to do so. This step helps you avoid court involvement and ensures others follow your wishes. - Gain Peace of Mind
When you put a plan in place, you take control of your future. You protect your family, organize your affairs, and secure your legacy.
Don’t leave these important decisions to chance. If you live in Cook County, Illinois, take action now to protect your loved ones and create a plan that works for you. Work with an experienced estate planning attorney to ensure your wishes are honored and your family stays protected.
If you live in Illinois, understanding trusts is an important part of estate planning. Trusts go beyond a simple will, giving you more flexibility, privacy, and control over how your assets are managed and passed on. Here’s a look at some common types of trusts used by families in Cook County.
Revocable Living Trusts (RLTs)
Often called “Living Trusts,” an RLT is one of the most popular trusts for families. The key feature? It’s revocable—meaning you can change it, update it, or even cancel it while you’re alive.
Benefits of a Revocable Living Trust:
- Skip Probate: Assets in an RLT avoid the long, public, and expensive probate process, letting your beneficiaries get their inheritance faster and privately.
- Plan for Incapacity: If you become unable to manage your affairs, a successor trustee steps in seamlessly—no court proceedings needed.
- Control: You remain in charge of your assets while alive.
- Privacy: Unlike wills, the details of your living trust don’t become public record.
Irrevocable Trusts
An irrevocable trust is different—you usually cannot change or cancel it once it’s set up. While this means giving up some control, these trusts provide powerful benefits for those with significant assets or specific planning goals.
Key Uses in Illinois:
- Reduce Estate Taxes: Assets in an irrevocable trust are generally removed from your taxable estate.
- Protect Assets: These assets are usually safe from creditors, lawsuits, or divorce claims.
- Medicaid Planning: Some irrevocable trusts help with long-term care planning, allowing people to qualify for Medicaid while keeping assets protected.
Special Needs Trusts (SNTs)
For families with a loved one who has a disability, a Special Needs Trust (also called a Supplemental Needs Trust) is essential. These trusts let you leave money or assets for someone with a disability without risking their eligibility for government benefits like Medicaid or SSI.
How They Work:
- The trust covers additional needs beyond what government benefits provide—things like extra medical care, recreational activities, or housing upgrades.
- They must be carefully drafted to follow federal and Illinois rules so the beneficiary keeps their benefits.
Choosing the Right Trust in Cook County
Which trust is right for you depends on your goals, your estate, and your family’s needs. Working with an experienced Cook County estate planning attorney ensures you understand the differences, draft the proper documents, and create a plan that follows Illinois law.
Don’t wait—exploring trusts now can help protect your assets and secure your family’s future.
To get a divorce in Illinois starts with the filing of a Petition for Dissolution. The Cook County Clerk of Court has several forms which may help you file your Petition. However, you should not file a Petition for Dissolution before creating a plan for how you want to divide your assets, or protect them.
Their are three main criteria you need to meet to get a divorce in Illinois.
First, if “Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family” then you may be able to get divorced in Illinois. 750 ILCS 5/401. What this means is that if you believe there is no way to save the relationship, regardless of whether your significant other wants to get divorced, you can ask the court for a divorce.
Second, if you have lived in Illinois for the 90 days prior to filing your Petition for Dissolution, the court in the county where you reside is able to hear your case. Make sure you have proof of where you live to provide to your attorney. If you are scared for your safety, talk with an attorney about how to protect your address from your abuser.
Third, if you have lived “separate and apart for a continuous period of not less than 6 months” prior to the court entering your final Judgment of Dissolution, the court will be able to grant you a divorce. This does not mean that you have not been living in the same home, it simply means that you have made it known to your significant other that you no longer intend to be married. It also does not have to be 6 months from the date you first file your case, but instead it is 6 months from when you finalize your case, which may take more than 6 months to complete. Lastly, in the event of domestic violence and physical abuse the 6 month time frame should be disregarded. If you are being abused, do not wait, call us today.
To apply for child support in Illinois, you can file a Petition to Establish Child Support provided that you have already established paternity. Paternity is automatic if the parties are married at the time the child is born, or if the parents sign and file a Voluntary Acknowledgment of Paternity.
In Cook County, you can file a Petition to Allocate Parental Responsibilities. Illinois does not use the term custody. Instead, Illinois gives decision making rights over children and creates visitation schedules.
Child Support in Illinois is calculated based on the combined net income of the parents, the proportion of each parents contribution to that total, and the number of overnights each parent has with the child. The Illinois Department of Healthcare and Family Services website has a free child support calculator for parents. However, it is best to have an attorney help you with your calculation!
In Illinois, a Guardian Ad Litem (GAL) is a court-appointed individual—usually an attorney—who investigates a family law case and submits a report with recommendations in the best interest of a minor child. The GAL’s report typically suggests a visitation schedule and which parent should have decision-making authority. This role ensures the court has an objective assessment focused on the child’s welfare. See 750 ILCS 5/506 for the governing statute.
Illinois calculates maintenance using a guideline formula based on the couple’s combined net income. You take one-third of the higher-earning spouse’s income and subtract one-quarter of the lower-earning spouse’s income to estimate the payment. In simple terms, divide your income by three, divide your spouse’s by four, and subtract their amount from yours to see what you may owe. An experienced attorney can help you apply the formula correctly, stay within legal limits, and avoid costly mistakes.
In Illinois, Joint Decision Making Authority is what most courts award when parents are fighting for custody of a child. Joint Decision Making means that you and the other parent need to mutually discuss major decisions for the child prior to making any permanent decisions. This includes making decisions regarding where your child goes to school, what sports or clubs they join, what doctor your child goes to, when you can schedule doctors appointments, and much more.
Most parents make the mistake of thinking that because they have the majority of time with a child, or because their decision doesn’t intrude on the other parents time with the child, that they can make any decisions they want. However, this is not true and can have serious consequences.
A skilled attorney can help you get sole decision making or even a modified version of joint decision making that helps you care for your children. Call now!