Madison County Legal Issues Blog

Many Illinois business owners already have some understanding of what a breach of contract is. However, there is more to this often-cited reason for business litigation than just not meeting the obligations in an agreement. Gaining a better understanding of whether a breach actually occurred could help avoid going to court or at least provide the potential for other avenues of dispute resolution.

For instance, is one party expecting the other to fail to meet the obligations outlined in the contract? An Illinois business owner may take the time to discuss any concerns with the other party before a breach actually occurs, which could avoid a confrontation entirely. In addition, anticipating that the other party will not fulfill his or her end of the bargain does not mean that neither party has to follow through.

Most Illinois residents strive to be as fair as possible when it comes to distributing their property after death. They want to take care of their families while making estate administration as smooth and simple as possible. One of the decisions to be made involves how heirs and beneficiaries inherit those assets.

For many Illinois residents, there are two primary options. The first involves leaving an inheritance with the intention of it benefiting generations. For example, if an inheritance is left to one heir or beneficiary, but if he or she passes away before the estate holder, then it goes to that person's children, and so on down the line. Those secondary individuals receive equal shares of the assets the deceased person was to receive. This is referred to as per stirpes.

Many people here in Illinois can attest to the fact that ending a marriage affects the financial stability of both parties. While some of this is attributed to the division of assets and the increase in bills that come from supporting two households instead of one with the same monetary resources, that is not the only source of an economic downturn. The division of debts is another consideration in a divorce that many people tend not to want to think about, or forget about in the beginning.

First, debts that each party had prior to the marriage, if any, are typically the sole responsibility of the party to which they belong. The same principle generally applies to any debt one party incurred after the couple separated. Since Illinois is an equitable distribution state, a judge will more than likely find a way to divide up a couple's debts as fairly as possible.

When you walked down the aisle, you were probably full of optimism for your marriage. Unfortunately, not every marriage ends in happiness. Because you have worked hard to get where you are in life, you may not want to give your spouse more than she or he deserves. 

If you are heading toward divorce, your spouse may want you to dissolve your marriage through mediation. While mediation can be an effective way to reach an agreement, it is not right for everyone. Here are five signs you should skip mediation and head straight to Illinois divorce court.