Posted on December 29, 2017 in Business Law

What is alternative dispute resolution (ADR), and how can it help in DuPage County business law matters and family law cases? According to the Cornell Legal Information Institute (LII), alternative dispute resolution is defined as “any method of resolving disputes without litigation.” In other words, alternative dispute resolution allows for grievances, complaints, and disputes to be handled outside of the courtroom. There are numerous types of ADR, but the two most common forms are arbitration and mediation. How do these ADR processes work, and why should businesses use them?

Understanding Alternative Dispute Resolution Under Illinois Law

Chapter 70 of the Illinois Statutes governs alternative dispute resolution in the state. Examples that are often relevant to small business in DuPage County include but are not limited to:

• Uniform Arbitration Act (710 ILCS 5/1 et seq.): This statute clarifies, for example, when an arbitration agreement is valid, how proceedings to compel or stay arbitration must be conducted, how arbitrators will be appointed, how hearings are conducted, rights of the parties to be represented by counsel, how witnesses can be called before an arbitration hearing, and how arbitration awards are finalized.

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 Posted on December 15, 2017 in Illinois Family Law

The holiday season in DuPage County is upon us, and with it comes the looming threat of divorce. Whether you celebrate Christmas or are a member of the Muslim community of Oakbrook Terrace, the general holiday season in the country — from Thanksgiving through the New Year — is often a time in which married couples reevaluate their positions and consider the possibility of making a change as part of a New Year’s resolution. And it is not simply the winter holiday season that results in a spike in divorce rates. A recent divorce study concluded that a majority of divorce filings occur soon after the winter holiday season, and then soon after summer vacations come to an end.

What else should you know about filing for divorce after the holidays?

Divorce Day or the Beginning of the Work Week after the Holiday Season

Many family law advocates have begun to describe the first Monday after winter break comes to an end as “Divorce Day,” or “when the flood of divorce emails clog attorney inboxes.” While many DuPage County residents look forward to the holiday season and taking time off from work, the season is not always the happiest time of the year for couples. To be sure, one survey concluded that divorce filings jump by nearly one-third following the holidays.

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 Posted on November 29, 2017 in Illinois Family Law

How often do residents of DuPage County file for divorce, and how frequent are those divorce rates in comparison to the national average? We often hear that a high number of marriages end in divorce, but how often is that actually true? And for marriages that do end in divorce, are there certain predictors that might help us to determine a couple’s risk for divorce? We often hear similar questions from our clients, and we know that residents of Oakbrook Terrace who are thinking about filing for divorce have questions about divorce rates in the area.

We have some statistics to help you understand the facts and figures surrounding divorce in DuPage County, as well as across the country.

Getting the Facts About American Divorce

If you live in Oakbrook Terrace or elsewhere in DuPage County, what should you know about American divorce statistics? The following are some facts and figures from the U.S. Centers for Disease Control and Prevention:

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 Posted on November 15, 2017 in Business Law

Are you thinking about forming a not for profit corporation in Oakbrook Terrace or elsewhere in DuPage County? There are many benefits to establishing an organization that is incorporated under the Illinois General Not for Profit Corporation Act of 1986 (805 ILCS 105/). One of the first steps to forming a not for profit (or nonprofit) organization is to draft bylaws. According to the statute, bylaws are “the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated.” In other words, the bylaws provide important rules and procedures concerning how the not for profit will operate.

Drafting bylaws can be a complicated process, and there are numerous issues that the not for profit organization or corporation will need to consider as it writes its bylaws. Given the complicated nature of forming a not for profit organization, it is extremely important to work with an experienced DuPage County business law attorney as you are forming your organization or are revisiting your bylaws.

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 Posted on October 29, 2017 in Illinois Family Law

If you live in DuPage County and have been thinking about filing for divorce, you may know that Illinois law recently changed when it comes to child support. In brief, as of July 1, 2017, Illinois now follows the “income shares” model when calculating child support obligations. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the court calculates both parents’ combined net income, and then determines the total amount of the child support obligation from the schedule. The court then calculates each of the parent’s percentage share of that child support obligation.

How does parenting time affect each parent’s percentage share of the child support obligation? When parents share parenting time equally, the court is unlikely to adjust a parent’s percentage share of the child support obligation based on parenting time. But what about when parenting time is not shared equally between the parents?

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 Posted on October 14, 2017 in Illinois Family Law

Why do most people in DuPage County file for divorce? We often hear about couples deciding to get divorced after years of marriage, and sometimes the reasons are unclear. While every family’s situation is unique, there are sometimes similarities among the causes for divorce. We have gathered some facts about frequent reasons for divorce from the National Institutes of Health (NIH), MSN, and Divorce Magazine. Many of the top causes for divorce trend across these resources, and we have collected them for you here.

1. Lack of Commitment and/or Support for the Spouse and to the Marriage

Many couples who get divorced cite a lack of commitment from the other spouse—either to the marriage in general, or to the educational, professional, and/or personal goals of the other spouse. According to the MSN article, about 73 percent of couples who get divorced cite a lack of commitment from the other spouse as one of the reasons they filed for divorce. About 62 percent of those spouses indicate that they wished their spouse would have tried harder to make the marriage work, and anywhere from 21 percent to 37 percent of those spouses also blame themselves, wishing they had made their commitment to the marriage clearer.

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 Posted on September 29, 2017 in Estate Planning

When you lose a loved one in DuPage County or elsewhere in Illinois, how are assets of the deceased distributed? How do you handle the debts of your deceased loved one? Many Oakbrook Terrace residents assume that, as long as the person has a valid will, then assets simply can be distributed according to the terms of the will, and the family can begin moving forward after the death. However, it is important to understand that there is more to distributing someone’s assets than simply following steps laid out in a will. To be sure, in most cases, where assets either are distributed according to the terms of a will or the deceased dies without a will, the family members may need to prepare for a formal probate proceeding.

What is involved in probate, and will you need to go through probate in order for a family member’s assets to be distributed?

Probate in Illinois: What Do You Need to Know?

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 Posted on September 15, 2017 in Business Law

Buying or selling gas stations in DuPage County can be a lucrative business. However, for first-time buyers and sellers, as well as more experienced small business owners, it is important to have a dedicated Oakbrook Terrace small business law attorney on your side. The process of buying and selling gas stations can be complex, and it is a niche industry. With help from an experienced advocate, you can ensure that you are making the best possible deal with all of the necessary information.

Benefits of Comparison: Know What You Are Buying or Selling, and Know What It Is Worth

One of the most important steps in buying or selling a gas station is understanding what the best price might be, and how to read comparison numbers. According to an article in the Business Buyer Resource Center, it is often difficult for small business owners to assess the value of a gas station. Whether you are buying or selling, there are “many variables involved with gas stations for sale,” and as such, “prices and profits vary greatly.”

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 Posted on August 31, 2017 in Illinois Family Law

It is important for anyone who is filing for divorce in DuPage County to know that Illinois child support laws have changed. Governor Bruce Rauner signed amendments to the child support laws last year, and those changes took effect on July 1. As such, anyone who gets divorced and has children from the marriage will need to know more about the “income shares” model and how child support payments will be calculated.

Learning More About the Income Shares Model

We want to provide you with a clear example of how the new “income shares” model of child support works in Illinois, but first we want to ensure that you understand what it is. Until the new law took effect, Illinois used a child support system in which only one parent’s income—typically the noncustodial parent—would be considered for child support payments. Then, that parent would pay a percentage based on his or her income, as well as the number of children entitled to support. Recognizing that this system does not take into account the other parent’s financial responsibilities for the child, as well as different and varied models of parenting, the Illinois legislature made changes.

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 Posted on August 16, 2017 in Real Estate

Buying and selling commercial real estate in DuPage County can be extremely complicated, and it is important to work with an experienced real estate attorney who has experience handling complex business transactions. Even if you have sold residential property in the past, and if you have experience buying and selling a home, you should know that the process is different — and much more complicated — when it comes to commercial space.

What Is Commercial Real Estate in Illinois?

Under Illinois law (770 ILCS 15/5), commercial real estate is defined as “any real estate located in Illinois other than (i) real estate containing one to 6 residential units, (ii) real estate on which no buildings or structures are located, or (iii) real estate classified as farmland.” To be clear, commercial real estate cannot be any of the following:

• Condominiums;
• Townhouses;

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