Frequently Asked Questions (FAQs)

The initial consultation is not the time when you will receive in-depth legal advice. Rather, it is an opportunity to meet with an attorney so you can decide whether or not this is the right attorney for you and your situation.

When you are facing a legal problem, it is important to hire the right attorney for your case. Many lawyers in the Schaumburg, IL, area—including Robert M. Kaplan—offer a free initial consultation.

Prepare Ahead of Time for Your Consultation

Because the initial consultation is generally short, it’s best if you go well-prepared. Take a look at the attorney’s website to gather information prior to the meeting. This will help save some time and enable you to maximize the time you have for the initial consultation.

Have questions in mind to ask the attorney about their background and experience. Find out, for instance, how long they have been practicing law. Ask about the number of cases similar to yours the attorney has handled—and find out what the verdicts were.

Don’t let yourself feel intimidated. Ask the questions that are important to you.

Find Out How You Will Work With the Attorney

Depending on the size of the firm, you might have other lawyers working with you on your case. Ask about this upfront so you know what to expect.

Often paralegals and clerks will be working on your case as well, particularly in terms of handling the paperwork. Find out who your point of contact will be.

Other questions you can ask include how often you can expect to hear from your attorney, how will communication be handled after hours, and how soon you will hear back after leaving a message or sending an email.

Money is important, so find out what the expected costs will be for your case at this initial meeting.

Find Out About the Proposed Legal Strategy

How does the lawyer expect your case to turn out? What kinds of procedures will be used to fight your case? Are mediation and arbitration options? All of these details are important to help you make the best decision for your case.

Call Our Schaumburg Law Firm

If you are facing a legal problem in Schaumburg, call lawyer Robert M. Kaplan and make an appointment for a free initial consultation.

The first step in finding a lawyer is to ask your employer. Some employers have employee assistance programs so you can get discounted legal services. Particularly if you have a relatively simple legal need, such as drafting a will or a power of attorney, this can be a great way to get some affordable help.

Next, you can ask family, friends, and colleagues for recommendations. If you know any other lawyers, they can be a good resource for recommending others in the area of law you are seeking help with.

Check with your state or local bar association’s lawyer referral service. This can be a good way to get a list of attorneys in your area who practice in the area of the law that you need.

Research Potential Attorneys in the Schaumburg Area

Once you have a list of potential attorneys, it’s time to do a bit of research. Find out how much experience they have working with clients such as yourself. Find out if they have had disciplinary actions via the state bar website. Find out how they expect to be paid—and how much they expect.

Business lawyers cover a wide range of legal needs for businesses from inception and throughout the years. Business lawyers can help their clients comply with laws, advise clients on best practices, and resolve disputes or represent the business in court.

What Does Business Law Include?

• Litigation in court
• Starting a business
• Settling disputes
• Mergers and acquisitions
• Educate clients on compliance
• Handle legal issues for problems like discrimination, harassment, and safety violations
• Real estate and tenancy laws 

Business Lawyer Near Me, Schaumburg, IL

No matter what stage your business is in, advice from a business lawyer in Schaumburg can help educate you on the relevant laws and help you stay in compliance and, if necessary, represent you.

Work with Law Offices of Robert M. Kaplan, P.C to avoid legal pitfalls that may slow or stop the growth of your business altogether. 

Intellectual property is an umbrella term for tangible or intangible assets owned and legally protected by a person or company. A person or company protects intellectual property from outside implementation or use without permission or consent. Examples of intellectual property assets can include patents, copyrights, and trademarks. 

Types of Intellectual Property Assets

1. Patents 

• Includes inventions, industrial designs, and computer code 
• Duration is 20 years

2. Trademarks 

• Unique identifiers for a business and its products and services (e.g., brand names, logos) 
• Duration lasts as long as the trademarked material stays active

3. Copyright 

• Includes works of authorship, including poems, books, music, films, online content, photographs  
• Duration is 70 years after the author dies

Intellectual Property Infringement in Cook County

When a third party engages in unauthorized use of the asset, it’s intellectual property infringement. After some time, legal protection for intellectual property expires, but some (like, trademarks) last forever. IP infringement is often done unknowingly, so be sure you or your business aren’t using trademarked or copyrighted material.

There are many different penalties for intellectual property infringement, including fines to prison sentences. An intellectual property lawyer specializes in this process and can ensure you are not using anyone’s protected intellectual property. 

Do You Have Questions About Intellectual Property? 

Call to book a consultation with one of our business lawyers in Schaumburg. Our team at the Law Offices of Robert M. Kaplan P.C. looks forward to helping you. 

Divorce is wrought with emotion, particularly if cheating occurred during the marriage. If your spouse cheated, it’s natural to assume that he or she should be punished for that and any alimony (otherwise known as maintenance) withheld. The truth, however, is that in the state of Illinois, cheating and adultery are irrelevant when it comes to divorce.

Your Schaumburg alimony lawyer Robert M. Kaplan can advise you further, depending on your specific situation. Read on for a brief discussion of the import of cheating and adultery on divorce and alimony.

Grounds for Divorce

As of January 1, 2016, the only grounds for divorce in the state of Illinois is irreconcilable differences. Essentially, this means every divorce filed after that date is considered “no fault.” Whether adultery was committed or not is irrelevant and will not be considered in the economics of the divorce, including child support, alimony, or the division of property.

Spousal Support—or Alimony

If your spouse cheated, there is no doubt it is painful. But it will not make any difference in terms of alimony that may have to be paid. It might be tempting to think that if a judge is aware one spouse was a cheater, he or she will make decisions to somehow benefit the wronged spouse. The fact is, most judges are more concerned about the relevancies in a case than to spend any time thinking about something that is completely irrelevant.

Dissipation

The only time adultery might become a factor in a divorce is if one spouse spent marital funds for nonmarital purposes. For instance, if a cheating husband purchased a condo for his girlfriend, his wife would essentially have to be paid back.

Call for a Free Consultation in Schaumburg

If you are facing divorce and have questions for an alimony lawyer in Schaumburg, give us a call today for a consultation.

The maintenance tax deduction for cases finalized after December 31, 2018, has been eliminated. To account for this change in the tax law, effective January 1, 2019, Illinois’ new maintenance guidelines will be based on net income - 33 1/3% of payor’s net income minus 25% of payee’s net income capped at 40% of the parties combined net income. Maintenance guidelines will continue to be applicable up to $500,000 of combined gross income. All maintenance judgments entered prior to December 31, 2018 will continue to be deductible even if modified after December 31, 2018 unless agreed otherwise. Those awards will continue to utilize the current gross income guidelines of 30% of the payor’s gross income minus 20% of the payee’s gross income capped at 40% of the parties combined gross income. 

Contact Our Schaumburg Law Firm

Do you have more questions on the Maintenance Tax changes? Please contact our Schaumburg IL law firm for more information.

If you are currently going through or even considering a divorce, you likely have a number of questions that can feel overwhelming. Maintenance is often one of those questions that can cause disagreement between parties. Maintenance, Alimony, spousal support, and spousal maintenance all mean the same thing – money paid from one party to the other party based on a number of financial calculations.

Factors To Determine Alimony Support

Some of the factors considered when determining alimony support include:

• The incomes of both parties
• Living expenses
• The future earning potential of both parties
• The division of assets
• The length of the marriage
• Financial needs
• Accustomed lifestyle
• Tax implications of each party
• Career or education implications
• Any previous agreement between parties
• Other factors considered relevant by the court
• Retirement

To ensure fair treatment when considering maintenance, an experienced attorney can guide you through the process, ensure that you have not forgotten any key considerations, and make sure that all of the paperwork is filed properly and on time so that your agreement falls within the guidelines required by the court.

Contact Our Schaumburg Law Firm

If you require a lawyer in Schaumburg, IL or have questions about whether you require legal representation for your divorce, contact the Law Offices of Robert M. Kaplan, PC for a consultation.

Public utilities, such as the electric company, cannot refuse or cut off service because you have filed for bankruptcy. However, the utility can require a deposit for future service and you do have to pay bills that arise after your bankruptcy is filed.

Call Our Schaumburg Law Firm 

Are you having issues navigating the bankruptcy process? Call our Schaumburg IL law firm to schedule a consultation today.

Yes, if you lost your license solely because you couldn’t pay court-ordered damages caused in an accident, bankruptcy will allow you to get your license back.

Contact Our Hoffman Estates Law Firm

Do you want to learn more about the bankruptcy process? Please call our Hoffman Estates law firm to schedule a consultation. 

No. 11 U.S.C. sec. 525 prohibits governmental units and private employers from discriminating against you because you filed a bankruptcy petition or because you failed to pay a dischargeable debt.

Contact Our Schaumburg IL Law Firm

Are you having a tough time navigating the bankruptcy process in Cook County? Please call Robert Kaplan to schedule a consultation. 

You cannot receive a discharge in a Chapter 7 case if you received a discharge under a Chapter 7 case filed in the last eight years or a Chapter 13 filed in the last six years.

You cannot receive a discharge in a Chapter 13 case if you received a discharge under a Chapter 7 case filed in the last four years or a Chapter 13 filed in the last two years.

If you didn’t receive a discharge in the previous bankruptcy filing, depending on why this is the case, you can file and receive a discharge without any time restrictions.

Contact Our Cook County Law Firm

Want to learn more about bankruptcy in Cook County? Please contact our Schaumburg IL law firm to schedule a consultation. 

Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file.

If the spouses have joint debts, the fact that one spouse discharged the debt may show on the other spouse's credit report.

Contact Our Schaumburg IL Law Firm

Are you having a tough time navigating the ins and outs of the bankruptcy process? Attorney Robert Kaplan can help you and your spouse clarify any issues you have with the bankruptcy process. Please contact our Schaumburg IL law firm for a consultation. 

When a person files for bankruptcy, the effects can extend beyond their financial situation, especially if they have a loan co-signer.

What Is a Co-Signer?

A co-signer is an individual who agrees to take on the responsibility of a loan if the primary borrower defaults. Essentially, the co-signer guarantees the loan, providing additional assurance to the lender. This means that the co-signer is equally responsible for the debt.

Types of Bankruptcy

• Chapter 7 Bankruptcy — Chapter 7 (liquidation bankruptcy) allows the primary borrower to discharge most unsecured debts. This process involves liquidating the debtor's non-exempt assets to pay off creditors. While this can relieve the primary borrower from the responsibility of the debt, it does not protect the co-signer. The co-signer remains liable for the loan, meaning creditors can still pursue them for repayment.
• Chapter 13 Bankruptcy — Chapter 13 (reorganization bankruptcy) allows the primary borrower to create a repayment plan to pay off debts over three to five years. This type of bankruptcy can offer some protection to co-signers. If the primary borrower includes the co-signed debt in their repayment plan and adheres to the agreed payments, the co-signer may be shielded from collection actions as long as the plan is in effect.

Legal Protections and Automatic Stay

When bankruptcy is filed, an automatic stay goes into effect, temporarily halting all collection activities by creditors. This can provide temporary relief to both the primary borrower and the co-signer.

However, in Chapter 7 cases, this protection for the co-signer is typically short-lived. In Chapter 13 cases, the automatic stay can extend to co-signers if the debt is included in the repayment plan and the payments are made on time.

Co-Signer's Options and Actions

If you're a co-signer and the primary borrower files for bankruptcy, you should:

• Stay informed. — Keep track of the bankruptcy proceedings and understand your responsibilities.
• Communicate with creditors. — Discuss your situation with the lender to explore possible arrangements.
• Monitor credit reports. — Regularly check your credit report to ensure the loan status is accurately reported.
• Seek legal advice. — Contact a bankruptcy attorney in Schaumburg to understand your rights and potential liabilities.

Contact Our Lawyers in Schaumburg, IL 

Contact the Law Offices of Robert M. Kaplan P.C. for personalized advice and representation to ensure your rights are safeguarded throughout the bankruptcy process.

Generally, student loans are not discharged in bankruptcy. In 11 U.S.C. sec. 523(a)(8) there are two exceptions to this general rule:

1. The student loan may be discharged if it is neither – Insured or guaranteed by a governmental unit, nor made under any program funded in whole or in part by a governmental unit or nonprofit institution.
2. The student loan may be discharged if paying the loan will “impose an undue hardship on the debtor and the debtor’s dependents".

Student Loans and Bankruptcy in Schaumburg 

Whether an exception applies depends on the facts of the particular case and may also depend on local court decisions. Even if a student loan falls into one of the two exceptions, discharge of the loan may not be automatic. You may have to file an adversary proceeding in bankruptcy court to obtain a court order declaring the debt discharged.

Bankruptcy is a legal process by which an individual who cannot pay their bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you (the “automatic stay”), at least until your debts are sorted out according to the law or they get relief from the automatic stay to protect their interest in any secured property.

How Can I Get a Copy of a Bankruptcy Filing?

The Clerk of the Bankruptcy Court provides public access to bankruptcy court documents through Public Access to Court Electronic Records (PACER), an electronic public access service.  

What Does It Cost to File for Bankruptcy?

It now costs $338 to file for bankruptcy under Chapter 7 and $313 to file for bankruptcy under Chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once. If you hire an attorney you will also have to pay the attorney’s fees you agree to.

Contact Our Schaumburg IL Law Firm

Do you have more questions about bankruptcy in Cook County? Please contact our Schaumburg IL law firm for more information and to schedule a consultation.

In a Chapter 7 Bankruptcy case, you file a petition asking the court to discharge your debts. The idea is to wipe out (discharge) your debts in exchange for your giving up property, except for “exempt” property which the law allows you to keep. In most, but not all cases, your property will be exempt. But property that is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a Chapter 7 case probably will not be the right choice for you. That is because Chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt.

What Happens in an Illinois Chapter 13?

In a Chapter 13 Bankruptcy case, you file a “plan” showing how you will pay off a percentage of your past-due and current debts over three to five years. The most important thing about a Chapter 13 case is that it will allow you to keep valuable property–especially your home and car–which might otherwise be lost in Chapter 7, if you can make the payments that the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with an additional payment to pay the arrearage you have not paid.

Contact Our Schaumburg IL Law Firm

Do you have more questions on Chapter 13 and Chapter 7 bankruptcy? Please contact our Schaumburg IL law firm to schedule a consultation today.

You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after your bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt. 

Chapter 7 Bankruptcy

In a Chapter 7 case, you can keep all property that is “exempt” from the claims of creditors. When determining what property is exempt you must keep in mind that the value of the property is not the amount you paid for it, but what you could sell it for now. In addition, you do not need to cover the full value of the property, but only your actual equity in any property. For example, if you own a $200,000 house with a $170,000 mortgage, you count your exemptions against the $30,000 which is your equity if you sell it.

While your exemptions allow you to keep property even in a Chapter 7 Bankruptcy case, your exemptions do not relieve you of the obligation to make current mortgage or car payments-otherwise the mortgage holder or car loan creditor has the right to take the property to cover the debt if you are behind on payments.

Chapter 13 Bankruptcy 

In a Chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law. In most cases, you will have to pay the mortgages or liens as you would if you didn’t file for bankruptcy.

Contact Our Schaumburg IL Law Firm

Robert Kaplan is an experienced bankruptcy attorney in Schaumburg, IL and will guide you through the process. 

In most cases, you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. If your property is not fully exempt, you will be able to keep it if you pay its non-exempt value to creditors in Chapter 13, or negotiate a settlement with the Bankruptcy Trustee in Chapter 7.

Security Interest 

Some of your creditors may have a “security interest” in your home, automobile or other personal property. Bankruptcy does not make these security interests go away. If you don’t make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case. There are several ways that you can keep collateral or mortgaged property after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full, or you can pay the creditor the amount that the property you want to keep is worth. In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. 

Contact Our Schaumburg Law Firm

Contact experienced bankruptcy attorney, Robert Kaplan if you have any questions about the bankruptcy process in Illinois. 

You must wait until you have lived in a state for 91 days before you can file your bankruptcy case there. If you lived in your current state for more than 91 days but less than two years, you will file in your current state but use the exemptions from where you lived for the majority of the 180 day period immediately previous to the 2 year period before you filed.  

Contact Our Schaumburg IL Law Firm

If you need help navigating the bankruptcy process in Illinois, please contact our Schaumburg IL law firm to schedule a consultation.

This is a great question, to which there is no clear answer. If you are behind on your bills, your credit may already be bad and declaring bankruptcy will probably not make things any worse. The fact that you’ve filed bankruptcy can appear on your credit record for ten years. However, since bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit after showing an ability to pay your debts on time.

Can I Get a Credit Card after Bankruptcy?

Yes, there is no legal restriction on this, but in all likelihood, most credit card companies will be hesitant to give you a credit card after filing for bankruptcy. Alternatively, you could use a bank or debit card to perform activities for which you normally would use a credit card. You also may be able to keep the credit card you already have if the creditor grants approval. If these options do not work, you can get a secured credit card that is backed by your own bank account.

Call Our Schaumburg Law Firm

Are you looking for an experienced attorney that can help guide you through the complicated bankruptcy process? Please contact our Schaumburg IL law firm to schedule a consultation. 

Making the decision to file for bankruptcy—whether it is chapter 7 or chapter 13—is not an easy one for any Schaumburg, IL resident. But sometimes, when you are simply unable to pay off your debts, it is the best option. You should be aware, however, that when you file for bankruptcy your credit score will take a pretty big hit. The bankruptcy will be a part of your credit report for quite some time.

Different Types of Bankruptcy

There are two different types of bankruptcy available for most consumers: chapter 7 and chapter 13. Those who file chapter 7 are able to discharge all or most of their debts. Those who file chapter 13 are able to make payments to pay off some or all of their debts. Both types of bankruptcy will be part of your credit report.

How Damaging Is Bankruptcy to Credit Score?

A good credit score of 700 or more will likely drop by at least 200 points when filing for bankruptcy. If your credit score is lower than 700, bankruptcy will probably cause it to drop a bit less, perhaps between 130 and 150 points. The bankruptcy will remain on your credit report for a number of years, but its impact will lessen over time.

Rebuilding Credit After a Bankruptcy

Although your credit score will be damaged after filing for bankruptcy, the good news is that you can rebuild your credit.
Take the following steps in the months following your bankruptcy filing:

• Make sure the bankruptcy was reported correctly by pulling your credit report. If there are inaccuracies on our credit report, get those corrected.
• Apply for a secured credit card to help rebuild your credit with a positive payment history. Make sure to pay everything on time and keep debt levels low.
• Keep track of your progress by periodically pulling your credit report.

Contact Our Schaumburg Law Firm

If you’re considering Chapter 13 bankruptcy, don’t make a decision until you talk with a Schaumburg, IL lawyer such as Robert M. Kaplan. Call today for a consultation!

When a person files for bankruptcy, the effects can extend beyond their financial situation, especially if they have a loan co-signer.

What Is a Co-Signer?

A co-signer is an individual who agrees to take on the responsibility of a loan if the primary borrower defaults. Essentially, the co-signer guarantees the loan, providing additional assurance to the lender. This means that the co-signer is equally responsible for the debt.

Types of Bankruptcy

• Chapter 7 Bankruptcy — Chapter 7 (liquidation bankruptcy) allows the primary borrower to discharge most unsecured debts. This process involves liquidating the debtor's non-exempt assets to pay off creditors. While this can relieve the primary borrower from the responsibility of the debt, it does not protect the co-signer. The co-signer remains liable for the loan, meaning creditors can still pursue them for repayment.
• Chapter 13 Bankruptcy — Chapter 13 (reorganization bankruptcy) allows the primary borrower to create a repayment plan to pay off debts over three to five years. This type of bankruptcy can offer some protection to co-signers. If the primary borrower includes the co-signed debt in their repayment plan and adheres to the agreed payments, the co-signer may be shielded from collection actions as long as the plan is in effect.

Legal Protections and Automatic Stay

When bankruptcy is filed, an automatic stay goes into effect, temporarily halting all collection activities by creditors. This can provide temporary relief to both the primary borrower and the co-signer.

However, in Chapter 7 cases, this protection for the co-signer is typically short-lived. In Chapter 13 cases, the automatic stay can extend to co-signers if the debt is included in the repayment plan and the payments are made on time.

Co-Signer's Options and Actions

If you're a co-signer and the primary borrower files for bankruptcy, you should:

• Stay informed. — Keep track of the bankruptcy proceedings and understand your responsibilities.
• Communicate with creditors. — Discuss your situation with the lender to explore possible arrangements.
• Monitor credit reports. — Regularly check your credit report to ensure the loan status is accurately reported.
• Seek legal advice. — Contact a bankruptcy attorney in Schaumburg to understand your rights and potential liabilities.

Contact Our Lawyers in Schaumburg, IL 

Contact the Law Offices of Robert M. Kaplan P.C. for personalized advice and representation to ensure your rights are safeguarded throughout the bankruptcy process.

In a Chapter 7 Bankruptcy case, you file a petition asking the court to discharge your debts. The idea is to wipe out (discharge) your debts in exchange for your giving up property, except for “exempt” property which the law allows you to keep. In most, but not all cases, your property will be exempt. But property that is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a Chapter 7 case probably will not be the right choice for you. That is because Chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt.

What Happens in an Illinois Chapter 13?

In a Chapter 13 Bankruptcy case, you file a “plan” showing how you will pay off a percentage of your past-due and current debts over three to five years. The most important thing about a Chapter 13 case is that it will allow you to keep valuable property–especially your home and car–which might otherwise be lost in Chapter 7, if you can make the payments that the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with an additional payment to pay the arrearage you have not paid.

Contact Our Schaumburg IL Law Firm

Do you have more questions on Chapter 13 and Chapter 7 bankruptcy? Please contact our Schaumburg IL law firm to schedule a consultation today.

To qualify for Chapter 13 bankruptcy in Schaumburg, you must first meet several individual criteria. Because Chapter 13 bankruptcy involves a “payment plan” structured so you can repay your outstanding debts over time, federal bankruptcy courts only offer this option to those most likely to succeed. 

Requirements for Filing Chapter 13 Bankruptcy

The most basic requirements for filing a Chapter 13 bankruptcy case include:

Being an individual

Chapter 13 bankruptcy only allows individuals to file a case. Any business or other entity is excluded from seeking legal relief under Chapter 13. 

Having a steady income

The entire purpose of Chapter 13 bankruptcy is to allow individuals to repay past-due debts while still holding onto their most important assets, such as their cars and homes. Typically, the structure of a Chapter 13 bankruptcy payment plan involves making your regular monthly payments plus an additional payment or payments, so you must have a reliable income throughout your entire bankruptcy proceeding. 

Filing your taxes

Federal bankruptcy courts will not allow you to open a Chapter 13 case without proof of past tax returns. To qualify, you must provide copies of at least the past four years worth of both state and federal income tax returns. 

Having debt within the legal limitations

Chapter 13 bankruptcy is only an option for individuals whose debt is less than the federally established limitations. These limitations, which are set by the government and change every three years, help disqualify potential filers who could not realistically pay back their debts over their remaining lifetime.

• From April 2019 to April 2022, the Chapter 13 debt limitations were $419,275.00 of unsecured debt and $1,257,850.00 of secured debt. 
• Starting in 2023, cases filed between April 1, 2022, and March 31, 2025 debt limitations are $465,275.00 for unsecured debt and $1,395,875.00 for secured debt.
• Updates under the Bankruptcy Threshold Adjustment and Technical Corrections Act increased the combined total debt limit to $2,750,000.

Contact Our Schaumburg Law Firm

If you have additional questions about filing for Chapter 13 bankruptcy in Schaumburg, our knowledgeable attorney can assist you. Give us a call at (847) 845-9477 to retain Mr. Robert M. Kaplan and get answers to your case’s most important questions.

Chapter 7 bankruptcy, commonly referred to as “liquidation bankruptcy,” seeks to discharge most of your individual debts. 

Debts That Chapter 7 Bankruptcy Can Forgive

Typically, Chapter 7 bankruptcy forgives most unsecured consumer debts that don’t have collateral (such as a house or car) backing them up. Common debts that fall into this category include:

• Credit card debt
• Past-due rent
• Outstanding medical bills 
• Utility bills
• Personal loans, taken out for projects like home remodels, auto repairs, or large purchases
• Some government benefits 
• Promissory notes

Debts That Chapter 7 Bankruptcy Cannot Forgive

Debts, including unsecured debts, that are not dischargeable during a Chapter 7 bankruptcy filing include:

• Most student loans
• Child support and alimony
• Some unpaid taxes
• HOA fees
• Previous court fees
• Unsecured debts not listed in your bankruptcy filing
• Debts that you owe as a result of breaking the law 

Depending on your personal circumstances, one type of bankruptcy filing may be better for you than another. Here at the law offices of Robert M. Kaplan, we help people every day with debt relief in Schaumburg, IL. 

Contact Our Schaumburg Law Firm

If you would like to speak with a seasoned attorney who can represent you throughout your Chapter 7 bankruptcy filing, or if you need to retain an attorney to answer your legal questions, give us a call today to schedule your free initial consultation. 

When a person files for bankruptcy, the effects can extend beyond their financial situation, especially if they have a loan co-signer.

What Is a Co-Signer?

A co-signer is an individual who agrees to take on the responsibility of a loan if the primary borrower defaults. Essentially, the co-signer guarantees the loan, providing additional assurance to the lender. This means that the co-signer is equally responsible for the debt.

Types of Bankruptcy

• Chapter 7 Bankruptcy — Chapter 7 (liquidation bankruptcy) allows the primary borrower to discharge most unsecured debts. This process involves liquidating the debtor's non-exempt assets to pay off creditors. While this can relieve the primary borrower from the responsibility of the debt, it does not protect the co-signer. The co-signer remains liable for the loan, meaning creditors can still pursue them for repayment.
• Chapter 13 Bankruptcy — Chapter 13 (reorganization bankruptcy) allows the primary borrower to create a repayment plan to pay off debts over three to five years. This type of bankruptcy can offer some protection to co-signers. If the primary borrower includes the co-signed debt in their repayment plan and adheres to the agreed payments, the co-signer may be shielded from collection actions as long as the plan is in effect.

Legal Protections and Automatic Stay

When bankruptcy is filed, an automatic stay goes into effect, temporarily halting all collection activities by creditors. This can provide temporary relief to both the primary borrower and the co-signer.

However, in Chapter 7 cases, this protection for the co-signer is typically short-lived. In Chapter 13 cases, the automatic stay can extend to co-signers if the debt is included in the repayment plan and the payments are made on time.

Co-Signer's Options and Actions

If you're a co-signer and the primary borrower files for bankruptcy, you should:

• Stay informed. — Keep track of the bankruptcy proceedings and understand your responsibilities.
• Communicate with creditors. — Discuss your situation with the lender to explore possible arrangements.
• Monitor credit reports. — Regularly check your credit report to ensure the loan status is accurately reported.
• Seek legal advice. — Contact a bankruptcy attorney in Schaumburg to understand your rights and potential liabilities.

Contact Our Lawyers in Schaumburg, IL 

Contact the Law Offices of Robert M. Kaplan P.C. for personalized advice and representation to ensure your rights are safeguarded throughout the bankruptcy process.

In a Chapter 7 Bankruptcy case, you file a petition asking the court to discharge your debts. The idea is to wipe out (discharge) your debts in exchange for your giving up property, except for “exempt” property which the law allows you to keep. In most, but not all cases, your property will be exempt. But property that is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a Chapter 7 case probably will not be the right choice for you. That is because Chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt.

What Happens in an Illinois Chapter 13?

In a Chapter 13 Bankruptcy case, you file a “plan” showing how you will pay off a percentage of your past-due and current debts over three to five years. The most important thing about a Chapter 13 case is that it will allow you to keep valuable property–especially your home and car–which might otherwise be lost in Chapter 7, if you can make the payments that the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with an additional payment to pay the arrearage you have not paid.

Contact Our Schaumburg IL Law Firm

Do you have more questions on Chapter 13 and Chapter 7 bankruptcy? Please contact our Schaumburg IL law firm to schedule a consultation today.

There are restrictions and limitations on each type of bankruptcy, and one may or may not work for each given situation. 

To qualify for Chapter 7 Bankruptcy, the individual or company must pass a financial test to review the applicant's financial records, including income, debts both secure and unsecured, to determine eligibility.

This test will determine if your disposable income is less than average for your location. So the requirements for chapter 7 will vary by state. 

To know whether or not you are eligible for chapter 7 and if it is the best option for your financial situation, you should seek expert advice.

Bankruptcy Advice and Counsel from Experts in Schaumburg

Bankruptcy of any kind can be frustrating, hard to understand, and time-consuming. The team at the Law Offices of Robert M Kaplan, P.C of Schaumburg, Il wants to help their clients demystify the bankruptcy process to get the best results possible.

If you have any questions about chapter 7 bankruptcy or would like to schedule a time for a consultation to see how we can help, contact us today.

As part of your divorce or paternity action, you will normally be restricted from moving out of state without court permission or written agreement from the other parent. There are specific factors that are taken into account when a parent desires to move out of state. If those factors are met, a court may grant you the right to move even if the other parent objects. There are different standards involved for in-state moves.

Contact Our Schaumburg Family Law Firm

If you have more questions or concerns on child custody laws in the Cook County area, please call the Law Offices of Robert M. Kaplan for a consultation. 

In Illinois, child custody courts recognize “legal custody” for children. That means that the parent or guardian is legally able to make decisions for the child’s best interest. “Physical custody” refers to whom the child will be living with. A parent or guardian can have sole custody (one parent) or joint custody (both parents) and the details of each arrangement will be determined on a case-by-case basis.

In Illinois, there is no specific age children can make the decision about who they prefer to live with during a divorce or separation. Although the child's wishes will often be considered by the court, especially as they grow older, the main factor will be the best interests of the child.

Create a Parenting Plan

During a divorce or separation, you will create a parenting plan that addresses the arrangements and needs of your child. This parenting plan will outline which parent has visitation rights on holidays, birthdays, special occasions, and vacations. It will also outline who is responsible for transportation arrangements, supervision when it is required, and other details regarding your individual needs.

Call Our Schaumburg, IL Law Firm

It is important to remember that most decisions will depend on you, your spouse or partner, and the needs of your child, which can vary depending on their age and any special care that may be required. If you would like to learn more about child custody in Illinois, please contact our Schaumburg law firm. 

In 2016, Governor Bruce Rauner signed into law Public Act 99-0764, which went into effect on July 1, 2017. The purpose of the act is to change how child support is calculated in Illinois. The new law will use the income share model for calculating child support, which is already customary in many other states. Effective January 1, 2019, the income shares child support model was modified with Public Act 100-0923.

What Does the New Law Mean for You?

When the income shares model is used for calculating child support, courts are directed to award a minimum percentage of the non-custodial parent’s net income. The income of the custodial parent will not come into play.

This model uses an economic table (published by the Illinois Department of Healthcare and Family Services) that determines the estimated costs of caring for a child if a couple was living together. Based on the couple’s combined income, the number of children, and the cost of living, each parent is responsible for a portion of those costs based on their income. This could mean that current child support amounts will go up or down, depending on the situation.

Other Ramifications of the New Law

In situations where parenting is shared, which is defined as both parents having the child for a minimum of 146 overnights per year, the new law also changes support obligations. The base amount of child support will increase for both parents. But in these shared situations, the more time you spend with your child, the less your child support obligation will be—after you have met the 146 nights per year criteria.

Under the new law, the court is given the option of deviating from the recommended guidelines that it deems appropriate.

Contact Robert M. Kaplan in Cook County

Every situation is different, and if you have questions about the new child support laws in Illinois, contact Robert M. Kaplan. With his experience and knowledge, he can examine your current custody arrangement and let you know what the new law might mean for you. Call today for a consultation!

It is natural to love and grow attached to children in your family, whether they are your actual biological children or step-children. And you may even wish to provide them with a stable parental foundation if they do not have one already. If you are a step-parent and would like to adopt your partner's biological child or children, you must proceed through the legal process to complete the adoption.

If the biological parent is still alive, the parent must agree to terminate their parental rights. Alternatively, a trial on the issue of terminating parental rights must be held. Because biological parents have certain rights, you cannot avoid the necessary steps required by the court, no matter your current role in the child or children's lives.

Next, you have to prove your fitness to parent the child to the court – this may mean both financial and logistical requirements of parenting. This step is usually not as burdensome unless you have a criminal background; however, even persons with criminal backgrounds can adopt it under the right circumstances.

Contact Our Schaumburg IL Law Firm 

Do you have more questions on the adoption process in Cook County? Please contact our Schaumburg, IL, law firm for a consultation. 

If you had a child out of wedlock and the father is not contributing to the expenses of your child, you may be eligible for child support and other expenses (such as medical costs, child care, and extracurricular activities) from the parentage or paternity court. You have to file a petition for him to do so, and once that petition is filed you have preserved the issue as of the date of filing. The same is true for fathers raising their children without help from the mother.

Contact Our Schaumburg Law Firm

Do you have more questions on child support? Please contact our Schaumburg IL law firm for a consultation today. 

Because of the complexity of the legal system and the necessity to follow the proper steps in order to receive the money owed to you, seeking legal counsel is a good idea. Illinois attorney, Robert M. Kaplan PC is experienced in all aspects of family law and will guide you through the process of receiving child support due to you.

Caring for children can be costly and often the custodial parent relies on child support payments to make ends meet. When a parent does not pay, it can create a financial hardship for you and your child. Fortunately, if you have a court agreement, you will likely have legal recourse to receive the money owed to you.

Collecting Child Support in Illinois

If you have a court-ordered child support agreement and the child’s non-custodial parent has failed to pay for child support, the courts may be able to help you receive your eligible back child support as well as future payments.

Often, unless both parties agreed otherwise, child support is taken directly from the parent’s paycheck. If you both have agreed not to have it taken directly from the paycheck, you may still have legal recourse. 

A court-ordered child support agreement entitles you to receive child support as long as:

• The non-custodial parent has a steady job and paycheck
• The judge has entered a child support order

Contact Our Schaumburg IL Law Firm

If payments are not made, the judge may file to garnish their wages in order to reclaim delinquent child support money. To do so, filing a “Notice to Withhold Income for Support” will be necessary. If the non-custodial parent intentionally violates the court order, they may be found in contempt of court and potentially face jail time. If you have more questions on child support, please contact the Law Offices of Robert M. Kaplan for a consultation. 

Hopefully, your divorce decree sets forth an obligation to contribute to your child’s college education. However, in the event it doesn’t the Illinois courts can make a divorced parent contribute toward their child’s college expenses. If you have not been divorced yet or if your divorce decree does not require a contribution to your child’s college education, then you must file a petition with the Court. Once that petition is filed, you have preserved the issue as of the date of filing, and you will exchange financial information with the other parent to determine whether a contribution is likely to be ordered.

Contact Our Schaumburg IL Law Firm

Do you have more questions about college expenses in relation to child support? Please contact our Schaumburg IL law firm for a consultation. 

True-up means balancing predicted and actual income for those who have fluctuations in their income.

For example, when you or your ex-spouse's income fluctuates, i.e., a salesman with a base salary plus commission, you will often hear that a "true-up" is necessary at the end of each quarter or year to balance the "estimated" or "base" salary with the actual salary.

If there has been an over or underpayment, you "true-up" at that time. As part of the process, all income information is exchanged, and the accurate child support (or maintenance) sum is determined. Documents involved usually include W-2s, 1099s, K-1s, tax returns, and bank statements – both personal and business records.

If you and your spouse both have a set salary and make the same amount every month, a true-up may not be necessary. You should talk to your Schaumberg attorney if you have questions to ensure the divorce, child support, and maintenance plans are fair.

Contact Our Schaumburg, IL Family Law Firm

Do you have more questions on child support in Cook County? Please contact the family law firm of Robert M. Kaplan for a consultation. 

If you are prepared to get your civil union license in Cook County, there are several things you'll have to do. 

• The application can be started online to save time, but you will only be able to complete it in person.
• Both parties must appear together at the Clerks Vital Records office to finish and sign the application.
• In addition, parties must bring valid identification and proof of age. The legal age for civil unions in Illinois is 18 years old. Currently, the license fee for a civil union in Cook County is $60.

The license will go into effect the day after the application is completed and filed. It is valid for 60 days for ceremonies in Cook County, IL, only. 

At the Courthouse or After the Ceremony

Parties can choose to marry in the courthouse or have a ceremony with an officiant. During the marriage ceremony, the officiant will finish filling out the civil union certificate.

Return the certificate to the record's office in person or by mail, and it's official- you'll be able to get your civil union certificate in person or by mail by request.

Civil Unions in Schaumburg

Need legal advice regarding your civil union? Contact the Law Offices of Robert M. Kaplan for assistance.

A civil union is a legally recognized and protected joinder of two people. Civil unions can be entered into by both heterosexual and same-sex couples, and the union provides legal rights similar to those found in marriage.

After the 2015 Obergefell v. Hodges case, the United States Supreme Court ruled that marriage would be legally available to all same-sex couples. 

Benefits of Civil Unions

Prior to this ruling, however, civil unions existed largely to grant many protections to same-sex couples that, at the time, were only available to married couples. Civil unions were and are available to both same-sex couples as well as heterosexual couples in select states, including Illinois. Just as in a marriage, individuals who enter into a civil union are subject to the benefits, protections, and requirements of the laws of the state in which they live.

Marriage vs. Civil Union

In Illinois, spouses in a marriage are granted federal protections under the law, such as the option of filing joint federal tax returns or the ability to collect Social Security spousal benefits. Spouses in a civil union, however, are not granted these privileges. Depending on your individual circumstances, a civil union may or may not be more appropriate than a marriage. 

Contact Our Schaumburg Law Firm

Deciding whether a civil union is right for your situation can be a complicated and difficult decision. To help you understand more about civil unions in Schaumburg, IL, contact attorney Robert Kaplan at (847) 845-9477. 

If you’re going through a divorce, you probably have questions about how your assets and property will be divided. 

Division of Property in Illinois

Under Illinois law, property division during a divorce must be “equitable,” which is often different from an “equal” split of 50/50. When the judge in your divorce case makes decisions on how to divide property between you and your spouse, they consider a handful of different factors in an attempt to make the split as even as possible. 

Your judge will weigh each spouse’s income and accounts in addition to their property, which means that you won’t necessarily end up with exactly 50% of your marital property. If you and your spouse own property above and beyond the “norm” of one home and a handful of cars, the court will look even more closely at the value of different properties and vehicles. 

Experienced Attorney in Schaumburg

The division of property in Schaumburg, IL can get complicated, which is why it’s always best to have a seasoned attorney on your side. Often, to ensure that you get a fair property share, you’ll need the help of a divorce law attorney. 

Because of Illinois’ “equitable division” law, one party can end up with 60%, 70%, or more of the total property while the other party is left in the dark and doesn’t understand the reason for the division. If you need the help of a property lawyer in Illinois, don’t hesitate to give us a call!

A profitable business is considered an asset in an Illinois divorce. In order to fully understand how divorce will impact your business, it is important to understand the difference between marital property and non-marital property. 

What Is Considered Marital Property

Property and assets acquired prior to your marriage are not considered marital property and may not be part of a divorce settlement. On the other hand, assets acquired during your marriage will be part of the marital property and are subject to division between parties.

If your spouse worked in the business, was made a partner, or otherwise had an investment in your business, it may be considered all or partially marital property. If your spouse is an employee of the business, they may even be able to keep their job with the company after divorce.

Profits and expansion of your business during your marriage can be subject to division and part of the divorce settlement. 

Contact Our Schaumburg Law Firm

As you can see, business ownership during a divorce can be complex and has many potential outcomes. Hiring experienced legal counsel during your divorce can have lasting effects on the future of your finances. Robert M. Kaplan PC is experienced and can guide you through the complex legal process of divorce and business ownership.

During a divorce, if the two separating parties cannot decide on how to split their personal belongings and property, the court will have to get involved and determine who will receive which assets.

Equitable vs. Equal Distribution

The majority of states, including Illinois, follow “equitable distribution” laws. These laws state that all marital property, or property acquired during the marriage, needs to be divided between the spouses “equitably” and fairly. It’s important to note that “equitable” does not always mean “equal,” and that spouses do not necessarily receive a 50/50 share of property and possessions. 

Judges determine the division of property in Schaumburg using a number of factors, including:

• The earning capability of each spouse
• Each spouse’s overall financial health and the value of their separate property
• Financial needs of each spouse for the future
• Prenuptial agreements
• How significantly each spouse’s earnings contributed to acquiring marital property 

The Goal of Equitable Division During a Separation

The goal of the equitable division is to make sure each spouse receives a fair share of the joint marital assets as that share fits into the larger picture of financial well-being and earning potential. While the courts will always do their best to divide the property in a way that it considers fair, one spouse may receive a larger portion of the property or may receive a larger individual item, such as a house or car. 

Dividing up assets during a divorce can become complicated. Which party ends up with which assets can vary greatly and is typically up to your assigned judge to decide. 

Physical Possessions 

Many people believe that all their possessions belong to them, even when there is a divorce.

This is not true, however. In Illinois, assets owned by a couple before they file for divorce are community property. That said, one spouse can claim an asset as their own, but they must provide evidence this was the case. For example, a gift meant for that person alone could qualify as an asset that belonged to one spouse only. 

A judge can also consider a business "community property" and divide it up in the final settlement.

Equitable Division

Although it seems to make sense that assets are split in half due to a divorce, this is not always the case. 

A couple can certainly do a 50/50 split if they can both agree, but if they have to go to court to make the decision, the split will likely not be straight down the middle.  

Additionally, if one spouse makes less money than the other, they might need more of the assets to maintain the standard of living enjoyed during the marriage.

For example, if one spouse stayed at home raising the children, they contributed to the marriage in a non-monetary way that will be considered when dividing assets and awarding spousal support.

If you need a divorce attorney in Schaumburg to represent you during your divorce, please contact our legal team today. 

A common question from many people seeking a divorce is whether they need a specific reason for requesting the divorce.

Illinois Is a No-Fault State

Today, including Illinois, most states are known as “no-fault” states when it comes to divorce. This means that the reason generally cited is simply “irreconcilable differences,” and no other explanation is expected or needed by the court.

Illinois became truly “no-fault” with the enactment of Public Act 99-90 in January 2016, eliminating any kind of fault-based grounds for divorce.

Regardless of why you are requesting a divorce, it is a good idea to hire an attorney. Robert M. Kaplan is an experienced divorce lawyer in the Schaumburg area, and he can guide you through the divorce process.

Working with an Attorney During Divorce Proceedings Makes Sense

There are several reasons to work with an attorney during a divorce. The division of assets can be complicated, and an attorney’s advice can be invaluable. Child custody agreements can be confusing, and an attorney can help ensure the best for both parents and children.

Using a Schaumburg divorce attorney will help ensure your interests are protected during this emotional time. Having a lawyer can also reduce stress because mistakes are less likely to happen with a professional handling divorce paperwork.

Working with an attorney can also help make sure the divorce proceedings happen on time, and unnecessary delays do not drag the process out. Contact our Schaumburg law firm for a consultation.

If you are planning on or even considering filing for divorce, it is essential to decide whether your divorce should be filed as uncontested or contested.

How to Determine if an Uncontested Divorce Is the Right Step

Uncontested divorces can help streamline the divorce process for couples who qualify, but they are not the right fit for everyone. To help determine if filing an uncontested divorce is the best choice for you and your spouse, consider the following:

• Are you and your spouse in agreement about wanting a divorce? It may sound simple, but the most critical question to ask yourself is if both parties are indeed in agreement about wanting a divorce. If one of you is not committed or has reservations, an uncontested divorce will not be successful
• If you have children together, do you agree on how parenting time will be divided? One of the most common disagreements during divorces is how to divide parenting time. If you both agree beforehand, filing an uncontested divorce can save you considerable time that may otherwise be spent arguing
• Have you and your spouse decided how to divide your assets? Along with parenting time, disputes regarding how to divide physical and financial assets are typically key problem areas in contested divorces. Parties of uncontested divorces know beforehand how joint assets will be handled
• Are the elements of your divorce relatively straightforward? The simpler your overall situation is, the more likely it is an uncontested divorce is right for you

Contact Our Hoffman Estates Law Firm

Contact attorney Robert Kaplan to learn more about uncontested divorces in Hoffman Estates, IL. 

Divorces and legal separations can be difficult, both emotionally and financially. This is especially true if the parties are not in agreement. Perhaps one wants to dissolve the union, and another does not. Maybe the parties can't decide how to divide assets or other details.

Experienced Divorce Attorney

At the Law Offices of Robert M. Kaplan, PC, your Schaumburg, IL attorney can help expedite the process provided all parties can agree on specific terms. Again, divorces and legal separation timeframes come down to mutual party cooperation.

If you both are willing to disclose information freely without undue delay, then the process can go rather quickly. Sometimes, things can be finalized in as little as 45 days to 3 months.

However, if your spouse chooses to be uncooperative and play games, or if there are complex assets to be valued, divorce proceedings can linger for a year or longer.

A divorce statute in Illinois requires a parenting plan to be entered within 120 days of the filing of the Petition for Dissolution of Marriage.

Contact Our Schaumburg Law Firm

Do you have more questions about the divorce process in Cook County? Please contact our law firm for a consultation or if you have questions about divorce in Schaumburg, IL.  

This depends on a number of variables, including whether you have children, personal property to argue about, and the actions of your spouse. If you have children and cannot agree on a shared parenting agreement, it can be expensive. If you have personal property and cannot agree on its division, it can be expensive. If your spouse simply wishes to argue about everything, it can be expensive. However, the more items you and your spouse can agree upon, this will save you money.

Items That May Make a Divorce More Expensive

Other issues that may make your divorce more expensive include highly emotional variables such as children with health needs, if your spouse has a personality disorder, and if maintenance or alimony is at issue. However, with the proper lawyers on both sides of the equation, your divorce or legal separation can be amicable and reasonably priced.

If you are filing for divorce in the state of Illinois, you can expect to pay filing costs of anywhere from $200 to $400 to get the legal process rolling. The best advice is always to check with your Rolling Meadows, IL divorce attorney Robert M. Kaplan.

Joint Simplified Dissolution Procedure in Schaumburg

There are different types of divorce, and the least expensive is called a Joint Simplified Dissolution Procedure. Couples who make less than $60,000 combined gross income and who have not been married for more than eight years and have no children together might be eligible for this type of divorce.

Often couples who are filing jointly for separation can file at a lower fee if they agree on such items as maintenance (fka alimony) and child support and child custody* arrangements. It is worth noting that a divorce involving children will always be a bit more expensive than one in which no children are involved.

Couples might be able to avoid a court date altogether if they can agree in writing to a plan. If they cannot agree in writing, they might decide to jointly pay for mediation by hiring a lawyer who specializes in this.

With joint petitions, there will only be one filing fee. However, if you are filing for yourself, your spouse will need to be served a copy of the papers and there might be additional expenses for this.

If you decide you need to hire a divorce attorney, there will be additional costs for this beyond any court or filing fees.

*In the state of Illinois the term “child custody” and “visitation” are no longer formally used and are being replaced by “parenting time” and “parenting responsibilities”.

When it comes to divorce proceedings, it's important to understand the distinction between a joint petition and an uncontested divorce. While these terms are often used interchangeably, they have different meanings and implications. However, in both cases, the goal is to achieve a smooth and efficient divorce process that respects the interests and rights of both parties.

Joint Petitions in Schaumburg, IL 

A joint petition refers to a situation where both spouses file for divorce together. It’s a mutual agreement to end the marriage, and both parties are actively involved in the process. 

By filing a joint petition, spouses can save time and money by working together to resolve key issues such as property division, child custody, and spousal support. This collaborative approach allows couples to maintain control over the outcome, rather than leaving decisions solely in the judge’s hands.

Uncontested Divorce in Illinois 

On the other hand, an uncontested divorce is when one spouse files for divorce, and the other spouse doesn’t contest the terms of the divorce. In an uncontested divorce, both parties have reached an agreement on all matters related to the dissolution of their marriage, including property division, child custody, visitation, and support. By agreeing on these terms, couples can streamline the divorce process and avoid lengthy and contentious court battles.

Are You Considering Divorce in Schaumburg?

If you’re considering divorce in Schaumburg, it’s crucial to seek the guidance of an experienced divorce attorney like Robert M. Kaplan who can provide you with the necessary legal advice and representation.

A divorce attorney can help you assess your unique situation and guide you through the legal process, while ensuring your rights are protected and the terms of your divorce are fair and equitable.

Contact our law office in Schaumburg to schedule a consultation! Our team can provide you with the support and expertise you need to navigate the complexities of divorce and make informed decisions that are in your best interest.

Going through a divorce while unemployed can be challenging, but you have rights that can help protect your financial well-being. Here's what you need to know if you're facing a divorce in Schaumburg and are currently unemployed.

Spousal Support

You may be entitled to spousal support, especially if:

• Stay-at-Home Spouse — If you were a stay-at-home spouse who financially relied on your partner, the court recognizes your contribution to the household. It may award spousal support to help you maintain your standard of living.
• Limited Job Skills — If you have limited job skills or haven't worked in a long time due to the marriage, spousal support can provide financial assistance as you re-enter the workforce or seek additional training.
• Length of the Marriage — The longer the marriage, the more likely the court will award spousal support, mainly if there's a significant income disparity between you and your spouse.

Unemployment

Your unemployment might be considered in several ways:

• Earning Capacity Assessment — The court might assess your earning capacity to ensure fair property division, considering your ability to gain employment and potential future income.
• Imputed Income — The court might impute income, estimating your potential earnings for spousal support calculations and potentially property division. This ensures that support payments are fair and reflect your ability to contribute financially.

Call our Schaumburg attorney for a consultation, and we'll gladly provide guidance. 

If your divorce decree states that your ex should be maintaining life insurance; you have every right to receive proof of that policy. If they refuse to show you it’s active, then you may have cause for filing a petition for rule to show cause, in which case they may be responsible for your attorney’s fees and costs incurred in filing the suit.

Call Our Schaumburg IL Law Firm

Do you have more questions about life insurance policies after a divorce? Please contact our Schaumburg law firm for a consultation. 

In Illinois, divorce is referred to as “dissolution of marriage” and you and your spouse must have lived in Illinois for at least 90 days.

How to File a No-Fault Divorce in Schaumburg

To file a no-fault divorce, essentially stating that you cannot get along anymore, you must have lived in Illinois for at least 90 days and lived separately for a specific length of time, usually six months if you both agree on the no-fault divorce. 

Grounds for a Fault-Based Divorce

If you wish to file a fault-based divorce, Illinois recognizes a number of grounds for fault-based divorce:

• Adultery
• Bigamy
• Giving the other a sexually transmitted disease
• Attempted murder
• Cruelty (physical or mental)
• Felony conviction
• Abandonment
• Addiction to drugs
• Habitual drunkenness
• Impotence

If you have no children and no assets, you will need to fill out the financial disclosures for the court anyway to determine debt division, if any, and for the court records. Once each party agrees to the accuracy of the disclosures and any division of debt or property, the magistrate will review and approve the financial division of property.

If you do not have children, you will not need to file any child custody-related paperwork.

Call Our Cook County Law Firm

Even if you have no assets and no children, legal counsel is still important to ensure that you are receiving a fair settlement in your divorce. 

Contested in a divorce means one spouse or sometimes both do not agree on specific stipulations or aspects included in the divorce. For example, the parties may not agree on property division or financial obligations. And what if there are children or a business? A contested divorce can be expensive, stressful, and prolong the process.

About Attorney Robert M. Kaplan

Robert M. Kaplan understands the complexities of divorce and can help you navigate through the process. In addition, he has years of experience dealing with the intricacies of separating your union. So when you choose Robert M. Kaplan, you can rest easy knowing that you have experience on your side.

Dissolving a marriage is stressful on its own, but even more so when you feel overwhelmed, lost, and unsure of how to recover the things you need and have worked for as you move through the process. Robert M. Kaplan is with you every step, advising and filing all paperwork on your behalf. He is your lawyer and is dedicated to helping you reach your goals during this difficult time.

Are You Looking for a Top Divorce Lawyer in Schaumburg, IL?

If you’re divorcing, Robert M. Kaplan is here to help you through the process. If you would like to arrange a consultation or have any questions, give us a call today. We work with clients in all locations, including those throughout Cook County.

When your spouse doesn’t agree to a divorce or is unwilling to sign the initial papers, you can usually still file for a divorce, and the court will work with your situation. In most cases, judges do not require divorce papers to have signatures from both partners for the divorce to move forward. 

As the case proceeds, you are legally required to “serve” your spouse with copies of the divorce documents. You can choose to pay a private process server or private investigation company to serve the divorce documents, or you may want to reach out to the sheriff’s office for help. 

After receiving official copies of the divorce filing through proper service, your spouse will have a window of time where they’re required to respond to the divorce proceedings. 

Contact Our Schaumburg Office

The difficulty, length, and cost of the divorce process ultimately depend on your spouse’s cooperation and how your particular judge wants to handle the events. Having the help of a family law attorney can help you get through the proceedings more quickly and help you feel more at ease about the process. To schedule an initial consultation with our Rolling Meadows law office, call us today! 

A no-fault divorce means that either spouse can file for divorce without indicating fault. This type of divorce means that the marriage has become broken and reconciliation is impractical and not in the best interest of the family.

As of January 1, 2016, with the adoption of Public Act 99-90, Illinois became a no-fault state in terms of the divorce. Public Act 99-90 has eliminated any kind of fault-based reason for a divorce. No longer can either party state a reason such as an infidelity or cruelty as a reason for filing for divorce. The only reason now for a marriage that has broken up is because of “irreconcilable differences.”

Advantages of a No-Fault Divorce

There are advantages to no-fault divorce, including a lack of stigma as to why a couple is divorcing. Without public blame toward one spouse, negative feelings between the parties may be lessened. With a no-fault divorce, the spouse who files for divorce does not need to explain why the marriage has failed or provide any proof that it should end.

No-fault divorce often helps eliminate or lessen the bad feelings between spouses, since there is no blame for the divorce that is recorded publicly.

Contact Our Rolling Meadows Law Firm

For more information on no-fault divorce, contact Rolling Meadows divorce attorney Robert M. Kaplan.

A divorce legally ends a marriage, allowing both parties to remarry and leading to the division of assets, debts, and decisions on alimony and child custody based on Illinois state laws.

Legal separation, on the other hand, does not end the marriage. It allows couples to live apart and divide their assets and responsibilities while remaining legally married. Legal separation can be beneficial for those with moral or religious reasons for avoiding divorce or for couples needing to retain certain marital benefits, such as health insurance coverage, which would end upon divorce. 

In Schaumburg, legal separation can also serve as a non-final step that gives couples time to resolve personal and financial issues before deciding if they want to proceed with a divorce.

Ready to Call Our Schaumburg Divorce Attorneys? 

While both options legally address asset division and responsibility for debts, the choice between divorce and legal separation depends on the couple's long-term objectives regarding their marital status and their personal and financial circumstances. Call our Schaumburg attorney today to learn more or schedule a consultation with our team. We look forward to guiding you through this process!

We welcome clients from all surrounding areas, and we're available at (847) 845-9477. 

This is a personal question that will vary from case to case. Legally, you can tell your spouse at any time that you want a divorce. Strategically, you may wish to consult with a lawyer and learn your rights before doing so.

Can I Ask My Spouse to Pay My Attorney Fees?

Yes, Illinois has a statute that levels the economic playing field between you and your spouse. If your spouse has control of all of the income or assets of your marriage, they can be required to pay your attorney’s fees. They can also be called upon to contribute to your overall attorney’s fees at the conclusion of your case.

Does It Matter That My Husband or Wife Is Cheating On Me and Now Wants a Divorce?

The fact that a party is having an affair does not bar their right to a divorce. It also does not bar them from seeking maintenance, alimony, or child support.

Contact Our Schaumburg Law Firm

Call Robert Kaplan if you have any questions on divorce proceedings and how they will affect you and your spouse.

Divorce can be a complex and emotional process, and one crucial aspect that requires careful consideration is the division of debts like credit cards and student loans. 

Credit card debts and student loans incurred during the marriage are typically considered marital debts. Both spouses may be responsible for repaying these obligations, regardless of who accumulated the debt. This shared responsibility is an essential aspect of the financial settlement in divorce cases in Schaumburg.

Equitable Distribution in Illinois

In Illinois, marital assets and debts are divided equitably in a divorce, which means they are divided fairly but not necessarily equally. Understanding this is crucial for dealing with financial obligations in a divorce. 

Customized Debt Division

Marital debts can be customized in a divorce settlement, allowing spouses to agree on individual responsibility or propose alternate allocation. The court may also decide based on financial contributions, income, and other relevant considerations.

Call Our Divorce Attorneys in Schaumburg Today! 

Navigating the complexities of asset and debt division in a divorce is challenging. An experienced attorney can provide guidance, protect financial interests, and ensure a fair resolution during this process.

We invite you to call us today at (847) 845-9477 to speak with our legal team. 

When you and your spouse decide to get divorced, you have the option of filing either a contested or uncontested divorce. 

Because uncontested divorces require you and your partner to agree on all major aspects of your divorce, including how to divide your finances and your parenting time, judges see these filings less often than ones for traditional divorces. 

Items That Can Complicate a Divorce

Simply stated, an uncontested divorce is not a realistic option if both parties cannot reach an agreement on all major divorce-related issues. Divorces typically become more complicated when they involve 1) multiple children under the age of eighteen and 2) significant financial assets, especially if only one spouse has been working and providing for the family.

If you and your partner cannot agree on at least one of the following, uncontested divorce is probably not right for you:

• How you intend to divide your physical property
• How you intend to divide your debt 
• Whether one party will pay alimony (spousal support), and the amount of alimony they will pay
• Whether one party will pay child support
• How you will divide the custody of your child(ren), if applicable

Contact Our Schaumburg Law Firm

Because divorces are such emotional matters, it’s normal for you and your partner to feel unable to reach a mutual agreement surrounding the specifics of your divorce. If you have questions about filing for an uncontested divorce in Schaumburg or need the advice of a seasoned family law attorney, we can help. 

A prenuptial agreement, or “prenup” for short, is an agreement executed before marriage to determine which party gets what if there is a divorce.

Even though you probably aren’t thinking about divorce right before you get married, if you get divorced down the line, having a prenuptial agreement can make a divorce go much more smoothly by determining the division of assets ahead of time.

Does a Prenup Mean You Are Planning for Divorce?

Much as buying auto insurance doesn’t mean you are planning for an accident, a prenuptial agreement doesn’t mean you are planning for a divorce. What it does mean is planning for the unexpected. It is an opportunity for couples to create a document that outlines their financial goals and priorities. It means that couples are planning for their financial future.

Do You Need a Prenup If You Are Not Wealthy? 

We hear a lot about celebrities and the super-rich having prenuptial agreements in place, but even if you do not have extensive assets, a prenuptial agreement can still be a good idea. 

Say you unexpectedly quit your job during your marriage to raise your children. A prenup can specify what kind of support you might be entitled to should a divorce happen. Or, say you supported your spouse while they went to college. You helped pay for tuition and student loans, which means there may be some repayment after a divorce. 

Rather than fight over the details in divorce court—costing you even more money in legal fees—you can state terms ahead of time in a prenuptial agreement.

What Is Looked at for a Prenuptial Agreement?

• Prior to the marriage, you should make a list of all assets owned and debts owed. Both spouses need to make full disclosure. It needs to be determined how these will be handled during the marriage and in the event of a divorce.
• A determination needs to be made as to how marital property, which are the assets and debts that will be accumulated as a couple, will be handled in the event of a divorce.
• Many times couples have different styles for managing money, so the management of assets and income should be determined ahead of time.
• Both parties need to be upfront about their credit scores, whether they have old debt, and how they feel about accumulating new debt.
• Views on non-monetary contributions, such as raising the children or managing the household, should be addressed upfront.
• Maintenance, or alimony, is a reality often faced by one spouse in the case of divorce. This should be discussed ahead of time.

Are Schaumburg Prenups Expensive? 

Most family law attorneys will charge by the hour for creating a prenuptial agreement, which means the costs will vary depending on each situation. However, the cost of drafting most prenuptial agreements in Schaumburg is typically much cheaper than in divorce court.

Numerous IRS regulations have been released during the past year clarifying the Tax Cuts and Job Acts of 2017 (“TCJA”). For example, home equity loan interest will be deductible, despite what appears to be clear language in the TCJA that it is not deductible if the home equity line is utilized for a capital improvement to a residence. Additional IRS rules and regulations will continue to be released related to the TCJA. We are available for tax planning and advice throughout the year.

Contact Our Schaumburg Law Firm

If you have a quick question about the law or how it applies in your case, please feel free to call us at no charge. 

When you meet with your Hoffman Estates lawyer to discuss estate planning, there are certain things your plan should include.

Estate Planning Process in Hoffman Estates

An estate plan includes a will or trust, a durable power of attorney should someone need to act on your behalf, names of your beneficiaries, a letter of intent outlining the details of your funeral and any other special requests, a healthcare power of attorney in case you are incapacitated, and guardianship designations if you have children.

An estate plan should include all the property you own, including proceeds from any life insurance policies, retirement plans, and so forth. The entirety of your estate is the total of all your assets before deducting any debts.

Tangible Personal Property

Property that is considered tangible, that is, those things you can physically touch, is included in your estate plan. Here are some examples of tangible property:

• Artwork
• Automobiles
• Clothing
• Documents
• Equipment
• Furniture
• Letters
• Papers
• Photos
• Tools

Intangible Property

Property that you cannot physically touch, called intangible personal property, is also included in your estate plan. Here are some examples of intangible property:

• Cash
• Copyrights
• Financial investments
• Insurance policies
• Interests in a family business, partnerships, and the like
• Patents
• Retirement plans
• Royalties
• Stock options

Real Property

Real property, such as your land, your home, and any rental properties you own, should also be included in your estate plan.

Contact Our Hoffman Estates Law Firm

If you have any questions on estate planning, we welcome you to contact our law office. We offer free consultations in Hoffman Estates.

It is best for your heirs and your own peace of mind if you make plans for your estate prior to your death. This is called estate planning, and you can make these arrangements in Hoffman Estates with your attorney.

Estate Planning in Schaumburg

People who die without a will or trust in place are said to have died “intestate”. This means that the laws of your state will make decisions about how your property is distributed, regardless of what your intentions might have been. A lot will depend on whether you were single or married at the time of your death and whether or not you have children.

What to Expect When One Dies "Intestate"

• If you were single and have surviving children, your entire estate will generally go to them. Assets will be divided equally.
• If you were single and had no children, your parents and siblings would likely inherit everything.
• If you were single and neither parent is alive, your estate might go to siblings, descendants of siblings, and so on, as determined by the court.
• If you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property 50/50.
• Unmarried couples do not inherit the property of their partner without a will in place because the laws only recognize relatives or married couples.

Estate planning is multipronged. But one of the most critical concerns is who will care for your minor children after your death. A guardianship may also extend to disabled adults who require care you can no longer give.

At the Law Offices of Robert M. Kaplan, we understand how difficult it can be to make these decisions. However, doing so gives you peace of mind and helps facilitate a secure future for dependent loved ones.

Experienced Guardianship Attorney in Schaumburg

When you establish guardianship with a guardianship attorney in Schaumburg, IL, it helps your loved ones through a difficult time. It means your wishes are carried out without conflict or guessing by your surviving family members.

Remember, the most essential part of estate planning is determining who will care for your child or a disabled family member under your care. Robert M. Kaplan takes the guesswork out of estate planning and ensures that your wishes are legally binding.

To Learn More about Guardianships, Contact Us

We encourage you to take advantage of one of our valuable estate planning services. Estate planning, especially established guardianships ease your mind and help ensure that your dependent family members are cared for in the future. Contact our Schaumburg law firm to schedule a consultation. 

As long as you are legally an adult and you have an income, it is never too early to start planning your estate. While estate planning may be something often associated with older individuals, it is both possible and wise to begin putting your affairs in order as soon as you reach your early twenties.

Estate Planning in Hoffman Estates

While most people can expect to live well beyond this time period, having an estate in place can help simplify the legal process for your loved ones should you unexpectedly pass away. No matter how modest your financial assets, these funds will need to be accounted for after your death —and if you do not have a plan for your money during your life, the people you love will have to create a plan once you are gone. 

Plan Your Estate As Soon As You Can

We encourage everyone to plan their estate as soon as they are able. Depending on the complexity of your finances, you may be able to handle the paperwork and process it on your own. To be sure you do not encounter any unexpected roadblocks, however, it is always best to consult a knowledgeable estate planning attorney. Call us at Robert M. Kaplan, P.C. to schedule a consultation to discuss your estate planning in Schaumburg, IL today!

We must consider a number of factors when calculating child support costs during a divorce. Part of the process includes the incomes of both parents and identifies any discrepancies that may require additional support when caring for your children.

How Child Support Amounts Are Determined 

In most cases, child support needs to take into account any additional expenses beyond the regular day-to-day care of your children.

These may include:

• Private school tuition
• Public School Fees
• Medical and dental costs
• Extra-Curricular Activities, including Sports fees and equipment
• Special needs (therapy, counseling)
• College fund contributions

Raising children is a significant expense and can create hardship after divorce if not handled properly. The decisions you make now may impact your finances for years, or even decades, to come. An experienced attorney can help present a fair and realistic proposal for child support that allows families to flourish, even after divorce.

Contact Our Schaumburg IL Law Firm

The process of determining child support can be confusing and hiring a knowledgeable lawyer will have a lasting impact on your quality of life and that of your child. Our law office serves the Schaumburg, IL area and the surrounding communities. Contact us to schedule a consultation.

When it comes to divorce proceedings, it's important to understand the distinction between a joint petition and an uncontested divorce. While these terms are often used interchangeably, they have different meanings and implications. However, in both cases, the goal is to achieve a smooth and efficient divorce process that respects the interests and rights of both parties.

Joint Petitions in Schaumburg, IL 

A joint petition refers to a situation where both spouses file for divorce together. It’s a mutual agreement to end the marriage, and both parties are actively involved in the process. 

By filing a joint petition, spouses can save time and money by working together to resolve key issues such as property division, child custody, and spousal support. This collaborative approach allows couples to maintain control over the outcome, rather than leaving decisions solely in the judge’s hands.

Uncontested Divorce in Illinois 

On the other hand, an uncontested divorce is when one spouse files for divorce, and the other spouse doesn’t contest the terms of the divorce. In an uncontested divorce, both parties have reached an agreement on all matters related to the dissolution of their marriage, including property division, child custody, visitation, and support. By agreeing on these terms, couples can streamline the divorce process and avoid lengthy and contentious court battles.

Are You Considering Divorce in Schaumburg?

If you’re considering divorce in Schaumburg, it’s crucial to seek the guidance of an experienced divorce attorney like Robert M. Kaplan who can provide you with the necessary legal advice and representation.

A divorce attorney can help you assess your unique situation and guide you through the legal process, while ensuring your rights are protected and the terms of your divorce are fair and equitable.

Contact our law office in Schaumburg to schedule a consultation! Our team can provide you with the support and expertise you need to navigate the complexities of divorce and make informed decisions that are in your best interest.

If you’re like me, then you have children in their late 20’s - early 30’s, but this suggestion will also apply to any children over the age of 18. When they were young you had guardians in place to take care of your children in case something happened to you and your spouse, but after they turned 18 that didn’t apply anymore. 

Powers of Attorney for Healthcare and Property

Now you need to take care of what happens if something happens to them and
you need to step in to take care of their health and/or their property. The solution to this is to create Powers of Attorney for Healthcare and Property for your children, just like you did for you and your spouse. 

Contact Our Schaumburg Family Law Office

Call us at the Law Offices of Robert M. Kaplan to get our help in preparing these documents. You can reach me at 847-845-9477.

The maintenance tax deduction for cases finalized after December 31, 2018, has been eliminated. To account for this change in the tax law, effective January 1, 2019, Illinois’ new maintenance guidelines will be based on net income - 33 1/3% of payor’s net income minus 25% of payee’s net income capped at 40% of the parties combined net income. Maintenance guidelines will continue to be applicable up to $500,000 of combined gross income. All maintenance judgments entered prior to December 31, 2018 will continue to be deductible even if modified after December 31, 2018 unless agreed otherwise. Those awards will continue to utilize the current gross income guidelines of 30% of the payor’s gross income minus 20% of the payee’s gross income capped at 40% of the parties combined gross income. 

Contact Our Schaumburg Law Firm

Do you have more questions on the Maintenance Tax changes? Please contact our Schaumburg IL law firm for more information.

Family law attorneys handle cases and legal matters that pertain to divorce, parenting time, child support, and alimony.

The job of a family law attorney in Schaumburg is to provide legal counsel and offer legal advice when clients have questions or concerns about their property division, child custody situation, or divorce filing.

Free Family Law Consultation in Schaumburg

If you need to consult with a family law lawyer, our attorney, Mr. Robert M. Kaplan, offers free initial legal consultations. These consultations are an excellent opportunity for you to learn more about the world of family law and determine if you would like to retain our law office to guide you through your family law matter. 

We can counsel you about specific issues, including:

• Whether you are obligated to pay child support and how much you can expect to pay 
• How you and your partner will divide parenting time, including which holidays you will spend with your child(ren)
• Whether you will owe alimony payments (“spousal support”) after your divorce becomes finalized
• How to fairly and legally divide marital property during a divorce
• How to file for divorce, especially if you hope to keep things simpler with an uncontested divorce 

Contact Our Law Firm

If you have questions about these issues described above, or if you would like the help of a family law attorney in Schaumburg for any other reason, please contact our legal team today at (847) 845-9477 to schedule your free consultation with Mr. Robert M. Kaplan.

A power of attorney is a legal document that gives a trusted party certain rights. For example, a medical power of attorney gives the authorized person, called the 'agent,' the ability to make medical decisions on your behalf if you cannot make them yourself.

Financial Power of Attorney

A financial power of attorney gives the agent the ability to manage your financial assets, including business, paying bills, and managing accounts.

Power of attorney does not give the agent the right to do whatever they want, and they are still required to abide by the law. An agent with a financial power of attorney can only manage your assets to your benefit and has no right to the asset itself.

A power of attorney that comes into effect as soon as it is signed and notarized is called  'durable.' It is the most commonly used because it allows the agent to start acting for your benefit immediately or whenever necessary from that point on.

Another type is available that only becomes valid upon your incapacitation and is referred to as a 'springing' power of attorney. A Power of attorney is no longer valid once the principal passes away.

For a power of attorney to be a valid document, it must be signed in the presence of a notary public with at least one witness.

Schaumburg, IL Power of Attorney

If you have more questions about a power of attorney or would like to begin making one contact our law office today.

A postnuptial agreement, often referred to as a postnup, is a legal contract that married couples enter into after their wedding to outline the management and division of assets and liabilities should the marriage end.

This agreement can be made at any point after the wedding, whether it is months or years into the marriage. There is no specific time limit for when a postnup needs to be signed, allowing couples to adapt their financial planning as their situations evolve.

Contact Our Family Lawyer in Schaumburg, IL 

Consulting with a family lawyer is crucial when drafting a postnuptial agreement. Our lawyers can ensure the agreement is legally binding and reflects both parties' interests fairly. At our law firm in Schaumburg, IL, we're here to help navigate complex legal and financial issues and ensure the document complies with Illinois state laws. We can also provide valuable advice on clauses that might be particularly relevant in Illinois, such as those dealing with property acquired locally or issues specific to Illinois law.

By involving a legal expert, you can create a robust postnuptial agreement that protects both parties' rights and minimizes future disputes, providing a sense of reassurance. Please give us a call today to schedule a free consultation with our attorney. 

Dissipation is the expending of marital funds on a purpose not related to the marriage. Abusing alcohol, gambling, paying for pornography or prostitution, or spending monies on a girlfriend or boyfriend are all common examples of dissipation. Dissipation only occurs once your marriage is beyond repair (irreparable). You are entitled to reimbursement from the party dissipating assets if dissipation is proven in your divorce matter.

Contact Our Schaumburg Family Law Firm

Do you have more questions on dissipation? Please contact our Schaumburg IL law firm for more information and to schedule a consultation with Robert M. Kaplan.

A prenuptial agreement, or “prenup” for short, is an agreement executed before marriage to determine which party gets what if there is a divorce.

Even though you probably aren’t thinking about divorce right before you get married, if you get divorced down the line, having a prenuptial agreement can make a divorce go much more smoothly by determining the division of assets ahead of time.

Does a Prenup Mean You Are Planning for Divorce?

Much as buying auto insurance doesn’t mean you are planning for an accident, a prenuptial agreement doesn’t mean you are planning for a divorce. What it does mean is planning for the unexpected. It is an opportunity for couples to create a document that outlines their financial goals and priorities. It means that couples are planning for their financial future.

Do You Need a Prenup If You Are Not Wealthy? 

We hear a lot about celebrities and the super-rich having prenuptial agreements in place, but even if you do not have extensive assets, a prenuptial agreement can still be a good idea. 

Say you unexpectedly quit your job during your marriage to raise your children. A prenup can specify what kind of support you might be entitled to should a divorce happen. Or, say you supported your spouse while they went to college. You helped pay for tuition and student loans, which means there may be some repayment after a divorce. 

Rather than fight over the details in divorce court—costing you even more money in legal fees—you can state terms ahead of time in a prenuptial agreement.

What Is Looked at for a Prenuptial Agreement?

• Prior to the marriage, you should make a list of all assets owned and debts owed. Both spouses need to make full disclosure. It needs to be determined how these will be handled during the marriage and in the event of a divorce.
• A determination needs to be made as to how marital property, which are the assets and debts that will be accumulated as a couple, will be handled in the event of a divorce.
• Many times couples have different styles for managing money, so the management of assets and income should be determined ahead of time.
• Both parties need to be upfront about their credit scores, whether they have old debt, and how they feel about accumulating new debt.
• Views on non-monetary contributions, such as raising the children or managing the household, should be addressed upfront.
• Maintenance, or alimony, is a reality often faced by one spouse in the case of divorce. This should be discussed ahead of time.

Are Schaumburg Prenups Expensive? 

Most family law attorneys will charge by the hour for creating a prenuptial agreement, which means the costs will vary depending on each situation. However, the cost of drafting most prenuptial agreements in Schaumburg is typically much cheaper than in divorce court.

Mediation is the last step before issues escalate to a court case. Finding an amicable solution for both parties during meditation is preferable before it becomes an expensive, stressful, and time-consuming court case.

Preparing for Your First Mediation

Therefore, involved parties must come to a mediation looking for common ground and a solution to satisfy both parties. Prepare for mediation by:

• Having flexible terms for agreement prepared
• Understand the strengths and weaknesses of your case and be prepared to make choices accordingly
• Be prepared to take advice from the mediator 
• Set aside adequate time; not only are mediations lengthy meetings, they are emotionally and mentally draining
• Come with realistic expectations for the situation at hand and be prepared to accept resolution if terms are agreed on
• Remember that, though mediation can be tense, the point is to avoid creating more significant problems and to come to an agreement and, if necessary, set aside personal bias and grudges

Schaumburg, IL Professional Mediation

The mediator is a neutral party whose job is to be an objective third party with no vested interest in the success or failure of either party. They also have extensive knowledge of the law and its application to the situation.

Meditation represents the best option for clients looking to avoid messy court procedures. If you need professional mediation, contact us.

The process of mediation typically occurs in five steps. These stages are critical to the success of mediation as they provide a framework for discussion and problem resolution.

Opening Statements

Each mediation will begin with the mediator's opening statement, during which they will establish the goals and boundaries of the discussion. Both disputants will have their opening statements afterward. 

Joint Discussion

During this phase, both parties will discuss the issues at hand with the assistance and guidance of the mediator. 

Private Discussion

Both parties will discuss with the mediator separately. During which time, the mediator will provide impartial advice and challenge both parties to consider the opposition's wants and needs. 

Joint Negotiation

The involved parties will begin to negotiate the terms of their agreement. During this phase, parties are typically kept apart until both parties come to a resolution. The mediator will act as a negotiator for both parties.

Closure 

If the parties reach an amicable solution and are ready to resolve their issues with an agreement, the mediation can close. If the parties cannot reach an agreement, the mediator will work with the parties to decide if more mediation is required to reach a solution.

Professional Mediation in Schaumburg

The Law Offices of Robert M. Kaplan, P.C. provide expert mediation to Schaumburg, IL, and its neighbors. Contact us today if you have any more questions about mediation.

After your mediation settlement, both parties will sign an agreement settling issues such as the division of assets, child arrangements, and spousal maintenance. The parties then submit this agreement to the court for final approval.

Mediation is a highly structured procedure meant to resolve a divorce without immediately moving to a contested option that takes place in court, where a judge decides the final settlement. Instead, with mediation, both parties hire a skilled attorney to act as a neutral third party. This person becomes your mediator and works to achieve a fair settlement on which all parties can agree.

Does Mediation in Schaumburg Always End in A Settlement?

Mediation is a process that encourages settlement without resorting to an expensive and lengthy courtroom drama. Mediators like Robert Kaplan, P.C. are skilled communicators able to work between parties during divorce negotiations, taking the time necessary to find common ground. 

When they can bring two opposing sides together, then a settlement becomes possible. However, in the end, the court is the only official authority and will decide whether or not to follow the recommendations your mediator has achieved.

If you can't reach an agreement through mediation, you still have options, and our team is here to help you. 

If mediation doesn't work, it's important to remember that it's intended to help the disputing parties reach a mutual solution through open communication. Although you and the other party might not reach a resolution, that doesn't necessarily mean the mediation is a waste of time, money, or effort. 

Generally, if the disputing parties fail to agree or settle, they could undergo an evaluative approach. This approach means the mediator would assume the role of a fictitious courtroom through which they'd consider all evidence and facts presented to them. The mediator would then predict the court's decision on the matter. 

If you cannot reach an agreement via mediation, you may consider these other options:

• Go to trial and have your case reviewed and decided by a judge. 
• Begin a new mediation with a different mediator. 
• Continue pursuing negotiations on your own. 

Call Us About Mediation in Schaumburg 

For a successful mediation process, you need specially trained counsel like our team at the Law Offices of Robert M. Kaplan, where we have an experienced mediation attorney. Call us today to schedule a consultation.

Divorce mediation is a process that takes place outside of a courtroom and is not an official legal proceeding. 

Instead, “mediation” refers to a series of informal meetings that you and your partner attend with a predetermined, neutral divorce mediator, who is often an experienced attorney or retired judge. 

What Is the Purpose of Mediation?

The purpose of divorce mediation is to agree about components of your divorce and divide your assets outside of your official court case, which saves you significant amounts of both time and money. 

When you and your spouse can agree on aspects of your divorce, such as parenting time and spousal maintenance without having to seek legal orders from a judge the results are often more pleasant and ideal for both parties. 

Where Does Mediation Take Place? 

Mediation meetings typically occur in a neutral, non-threatening space such as a conference room or mediation office suite. You will not attend mediation in a courthouse.

How Long Does Mediation Last?

The length of mediation depends on how complicated the divorce is and the number of issues you and your partner disagree on. 

Schaumburg divorce mediation can be as short as one meeting that only lasts for a half-day, but you can often expect to attend mediation multiple times over the course of several weeks or months as you and your spouse work through your situation with your mediator.

Typically, multiple mediation sessions are still cheaper and less emotionally draining than going through an entire typical divorce case process in court. 

Do You Offer Mediation Services in Schaumburg?

Yes! To learn more about how the Law Offices of Robert M. Kaplan can assist you with your Schaumburg divorce mediation, please call us today. 

A divorce legally ends a marriage, allowing both parties to remarry and leading to the division of assets, debts, and decisions on alimony and child custody based on Illinois state laws.

Legal separation, on the other hand, does not end the marriage. It allows couples to live apart and divide their assets and responsibilities while remaining legally married. Legal separation can be beneficial for those with moral or religious reasons for avoiding divorce or for couples needing to retain certain marital benefits, such as health insurance coverage, which would end upon divorce. 

In Schaumburg, legal separation can also serve as a non-final step that gives couples time to resolve personal and financial issues before deciding if they want to proceed with a divorce.

Ready to Call Our Schaumburg Divorce Attorneys? 

While both options legally address asset division and responsibility for debts, the choice between divorce and legal separation depends on the couple's long-term objectives regarding their marital status and their personal and financial circumstances. Call our Schaumburg attorney today to learn more or schedule a consultation with our team. We look forward to guiding you through this process!

We welcome clients from all surrounding areas, and we're available at (847) 845-9477. 

Arbitration and mediation are both processes designed to achieve a solution in circumstances where parties cannot agree and may end up in court as a result. In the case of arbitration, parties make their case before an arbitrator or an arbitration panel, empowered to make a final decision in the matter.

Mediation, in contrast, is the option where both parties agree to hire a mediator, usually a Schaumburg lawyer who understands how to communicate with each party to achieve an agreement. A mediator does not make the final decision but rather drafts an agreement both parties sign. Then, this agreement is presented to the court for a final and binding decision.

Is Arbitration Better Than Mediation in Rolling Meadows?

Arbitration has more implications for the outcome than mediation. Depending on the circuit, arbitrators are usually empowered as adjuncts to the court, and their participation may be limited to only certain kinds of cases. For example, the court reports that “In the 17th Judicial Circuit (Winnebago and Boone Counties), the program applies to all civil cases seeking money damages greater than $10,000 and less than $50,000.”

Mediators may work with numerous different types of actions because mediation is less formal and non-binding. It also offers more flexibility as the mediator can work between the parties as long as required to achieve an agreement. But the parties themselves decide on the deal, which only then is submitted to the court.

After a person’s death, probate is the official legal process in which that person’s will, assets, debts, and wishes are authenticated, distributed, and managed. 

All estates of deceased individuals must go through the probate process, and probate courts are bound by processes and rules that determine how property can be distributed. While each estate will be slightly different depending on the assets involved, the basic elements of the probate process do not change. 

Probate Process

First, the deceased individual’s will needs to be verified by the Court. Unless the will is contested, this is typically the simplest element of the probate process.

After the will is verified, an inventory of the belongings within the estate is completed. The time it takes to complete the inventory will vary depending on the size of the estate and the amount of tangible property involved. Once all of the property and assets have been inventoried and accounted for, the items are then appraised to determine their value. This appraisal step can also be completed in conjunction with the inventory process. 

The last basic elements of the probate process involve finalizing the deceased person’s accounts, such as debts or taxes owed. If and when there are remaining assets, these assets are then distributed according to the parameters outlined in the will. 

Contact Our Schaumburg Law Firm

The probate process can become confusing and emotional, especially if you and your loved ones are still going through the grieving process. Having a trusted probate attorney in Schaumburg, IL can make all the difference. Call our office today at (847) 845-9477 to learn how we can help streamline the probate process for your family. 

When you die, you will leave behind debts and assets that your surviving family members will have to deal with. It’s best for all concerned if you leave behind a will or an estate plan. A probate lawyer will help the survivors manage your estate once you are gone. They can also help in drafting a will or a living trust, create powers of attorney, or even serve as executors of your estate.

If you leave behind a will, a probate lawyer may be hired to ensure it is valid and was not signed under duress.

Responsibilities of a Probate Lawyer

A probate attorney might also be responsible for any of the following tasks:

• Locating all of the decedent’s assets
• Having all of the decedent’s assets valued
• Managing life insurance proceeds
• Handling bills and debts
• Dealing with tax returns
• Managing bank accounts for the estate
• Filing court documents as needed

Contact our Schaumburg Law Firm

If you die without leaving behind a will, your assets will be divided according to state laws, and a probate attorney might also be hired to handle the distribution of property. Contact Robert M. Kaplan, an experienced probate lawyer in Schaumburg, IL, if you have questions about wills, trusts, or any other end-of-life legal matters.

Numerous IRS regulations have been released during the past year clarifying the Tax Cuts and Job Acts of 2017 (“TCJA”). For example, home equity loan interest will be deductible, despite what appears to be clear language in the TCJA that it is not deductible if the home equity line is utilized for a capital improvement to a residence. Additional IRS rules and regulations will continue to be released related to the TCJA. We are available for tax planning and advice throughout the year.

Contact Our Schaumburg Law Firm

If you have a quick question about the law or how it applies in your case, please feel free to call us at no charge. 

Schaumburg, IL real estate lawyer Robert M. Kaplan is seasoned in many aspects of real estate law and is ready and willing to help answer your questions.

Importance of Having a Real Estate Attorney

The list below contains just a sampling of the types of challenges a real estate attorney such as Mr. Kaplan can help you work through:

• Buying, Selling, or Renting Property

  • Laws governing the transfer of property can be different in every city and state, and the process of buying, selling, or renting property can quickly begin to feel overwhelming. Experienced real estate lawyers work with their clients to help ensure all transactions are done legally and correctly

• Disputes Within Purchase Agreements

  • Real estate transactions involve a heavy amount of both boilerplate and customized contract “jargon.” Disputes within these contracts are common, and it often takes the advice and assistance of a knowledgeable real estate lawyer to navigate the process

• Dealing with Property Foreclosure

  • Being involved in foreclosure proceedings can be an extremely stressful process, and many homeowners find themselves feeling lost, afraid, and harassed as their home is foreclosed upon. Real estate attorneys seek to help find any assistance programs or alternatives you and your family may qualify for — then help you figure out which steps come next.

Contact Our Schaumburg Law Office

Robert M. Kaplan and the rest of our team have decades of combined experience in real estate law. Schedule your free consultation by calling us today at (847) 845-9477. 

Purchasing a home is one of the most significant investments most people will make in their lifetime. As with any big purchase, it might be tempting to skimp on costs where possible, but ask yourself if that is the best approach. In many cases, it makes sense to hire a real estate lawyer to ensure the purchase process goes smoothly and your rights are protected.

How a Real Estate Lawyer Can Help

A Schaumburg real estate lawyer will read over all the paperwork when you are making a home purchase—and there is a lot of it. A lawyer will go with you to the closing table, which can go a long way toward assuaging any fears you might have about such a major purchase.

If you are selling one home and buying another at the same time, having representation can mean that your rights are protected on both sides.

Facing Foreclosure in Cook County

When homeowners are facing foreclosure because they can no longer pay their mortgage, a lawyer can protect your interests, work with the lender, and try to keep you in your house. When homeowners are struggling to pay their mortgage and they owe more on the house than it is worth, a real estate lawyer can work with the lender to enable a short sale. This means the current owners can avoid foreclosure.

When it comes to divorce proceedings, it's important to understand the distinction between a joint petition and an uncontested divorce. While these terms are often used interchangeably, they have different meanings and implications. However, in both cases, the goal is to achieve a smooth and efficient divorce process that respects the interests and rights of both parties.

Joint Petitions in Schaumburg, IL 

A joint petition refers to a situation where both spouses file for divorce together. It’s a mutual agreement to end the marriage, and both parties are actively involved in the process. 

By filing a joint petition, spouses can save time and money by working together to resolve key issues such as property division, child custody, and spousal support. This collaborative approach allows couples to maintain control over the outcome, rather than leaving decisions solely in the judge’s hands.

Uncontested Divorce in Illinois 

On the other hand, an uncontested divorce is when one spouse files for divorce, and the other spouse doesn’t contest the terms of the divorce. In an uncontested divorce, both parties have reached an agreement on all matters related to the dissolution of their marriage, including property division, child custody, visitation, and support. By agreeing on these terms, couples can streamline the divorce process and avoid lengthy and contentious court battles.

Are You Considering Divorce in Schaumburg?

If you’re considering divorce in Schaumburg, it’s crucial to seek the guidance of an experienced divorce attorney like Robert M. Kaplan who can provide you with the necessary legal advice and representation.

A divorce attorney can help you assess your unique situation and guide you through the legal process, while ensuring your rights are protected and the terms of your divorce are fair and equitable.

Contact our law office in Schaumburg to schedule a consultation! Our team can provide you with the support and expertise you need to navigate the complexities of divorce and make informed decisions that are in your best interest.

In Illinois, divorce is referred to as “dissolution of marriage” and you and your spouse must have lived in Illinois for at least 90 days.

How to File a No-Fault Divorce in Schaumburg

To file a no-fault divorce, essentially stating that you cannot get along anymore, you must have lived in Illinois for at least 90 days and lived separately for a specific length of time, usually six months if you both agree on the no-fault divorce. 

Grounds for a Fault-Based Divorce

If you wish to file a fault-based divorce, Illinois recognizes a number of grounds for fault-based divorce:

• Adultery
• Bigamy
• Giving the other a sexually transmitted disease
• Attempted murder
• Cruelty (physical or mental)
• Felony conviction
• Abandonment
• Addiction to drugs
• Habitual drunkenness
• Impotence

If you have no children and no assets, you will need to fill out the financial disclosures for the court anyway to determine debt division, if any, and for the court records. Once each party agrees to the accuracy of the disclosures and any division of debt or property, the magistrate will review and approve the financial division of property.

If you do not have children, you will not need to file any child custody-related paperwork.

Call Our Cook County Law Firm

Even if you have no assets and no children, legal counsel is still important to ensure that you are receiving a fair settlement in your divorce. 

A divorce legally ends a marriage, allowing both parties to remarry and leading to the division of assets, debts, and decisions on alimony and child custody based on Illinois state laws.

Legal separation, on the other hand, does not end the marriage. It allows couples to live apart and divide their assets and responsibilities while remaining legally married. Legal separation can be beneficial for those with moral or religious reasons for avoiding divorce or for couples needing to retain certain marital benefits, such as health insurance coverage, which would end upon divorce. 

In Schaumburg, legal separation can also serve as a non-final step that gives couples time to resolve personal and financial issues before deciding if they want to proceed with a divorce.

Ready to Call Our Schaumburg Divorce Attorneys? 

While both options legally address asset division and responsibility for debts, the choice between divorce and legal separation depends on the couple's long-term objectives regarding their marital status and their personal and financial circumstances. Call our Schaumburg attorney today to learn more or schedule a consultation with our team. We look forward to guiding you through this process!

We welcome clients from all surrounding areas, and we're available at (847) 845-9477. 

When you and your spouse decide to get divorced, you have the option of filing either a contested or uncontested divorce. 

Because uncontested divorces require you and your partner to agree on all major aspects of your divorce, including how to divide your finances and your parenting time, judges see these filings less often than ones for traditional divorces. 

Items That Can Complicate a Divorce

Simply stated, an uncontested divorce is not a realistic option if both parties cannot reach an agreement on all major divorce-related issues. Divorces typically become more complicated when they involve 1) multiple children under the age of eighteen and 2) significant financial assets, especially if only one spouse has been working and providing for the family.

If you and your partner cannot agree on at least one of the following, uncontested divorce is probably not right for you:

• How you intend to divide your physical property
• How you intend to divide your debt 
• Whether one party will pay alimony (spousal support), and the amount of alimony they will pay
• Whether one party will pay child support
• How you will divide the custody of your child(ren), if applicable

Contact Our Schaumburg Law Firm

Because divorces are such emotional matters, it’s normal for you and your partner to feel unable to reach a mutual agreement surrounding the specifics of your divorce. If you have questions about filing for an uncontested divorce in Schaumburg or need the advice of a seasoned family law attorney, we can help.