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Madison County Legal Issues Blog

Are there environmental toxins or pollutants in your new home?

When Illinois residents begin the search for their new homes, they may lean toward an older home. Any number of reasons could have led to that choice such as charm, solid construction, the neighborhood or more. Regardless of the reason, they ultimately found the homes they wanted and never anticipated that the home would contain environmental toxins or pollutants.

After the closing, the new owners eagerly moved in. Each owner may have known some work needed doing in order to make the house fit their visions, but some of them could have stopped any demolition in its tracks due to the dust and fibers floating around in the air. Maybe the demolition had not even begun when the new owners noticed damaged materials covered in a fine layer of what they thought was ordinary dust.

Without trust and equality, a marriage could end in divorce

As most people here in Illinois and elsewhere know, love is a strange emotion. It can create the foundation for a relationship that will last forever, or it can become perverted by issues such as jealousy and inequality. In a marriage where the parties are not equal and trust issues permeate it, divorce could be inevitable.

For some Illinois residents, the feeling of being taken care of has a strong allure. Letting someone else handle everything makes such individuals feel safe -- until it does not. When one party in the relationship has all the power, the other party often begins to feel stifled, suffocated and trapped. Love is no longer enough to sustain the relationship, and the party with less power may want out of it if the balance of power fails to become more equal.

How divorce porceedings change due to a job loss

It may feel like it to Illinois residents who are in the process of ending their marriages, but life does not stop because of it. Because of this, divorce proceedings can take a dramatic turn when circumstances change dramatically. For example, what happens if one of the parties loses his or her job during the process?

Not surprisingly, the first issues affected would be those surrounding child support and alimony. The party who lost his or her job is now the one with a significantly lower income. It is possible that the other party will now be responsible for paying spousal support, at least until the jobless party finds new employment. The court will consider all the circumstances surrounding the job loss when making its determination. 

In 2019, this issue still leads to divorce for some couples

It is 2019, and gender roles within families are more blurred than they have been at any other point in the country's history. Despite this fact, when it comes to divorce, one factor increases the possibility of divorce by 33% -- who makes more money. Societal expectations continue to view the man as the primary breadwinner in the family whether couples live here in Illinois or elsewhere across the country.

Some men do not have an issue with their wives making more money than they do. It may bother others, but not enough to cause an irreparable rift in the marriage. Then there are men who feel as though they failed to live up to their obligations. Over time, the relationship falters and eventually ends. To be fair, some women cannot handle making more money than their husbands do, and they begin to view their husbands differently, which can also degrade the marital relationship. 

Contracts are a common source of business litigation

Illinois companies that enter into contracts with others agree to fulfill their part of them. When they fail to do so, they are said to have breached those contracts by failing to act in accordance with the terms in them. It is not hard to imagine that these disputes would be a common source of business litigation.

Most Illinois companies cannot afford to breach the contracts they enter into for a variety of reasons, not the least of which is the fact that their reputations tend to suffer, something that potentially could irreparably damage the business. Moreover, the amount of money, time and effort expended resolving the breach would probably be more than simply complying with the agreement. Nearly every business relies on relationships in order to thrive.

'Family-proofing' the estate administration and probate process

TV shows and movies in decades past often depicted close families who, even if they argued, always ended up presenting a united front with no sibling rivalry or other family squabbles. As many Illinois residents know, times have changed. While many families do remain close, some never quite see eye to eye, which could complicate the estate administration and probate process.

When it comes time for parents to create their estate plans, they may hesitate doing so because they know that no matter what decisions they make, someone is not going to be happy. The last thing they want is for all of their planning to be for nothing and their children to end up in litigation. There are ways to help limit this eventuality, if not eliminate it all together.

Dissolution is necessary when a company closes its doors

An Illinois company could have a variety of reasons for shutting its doors. Even so, simply closing the doors is not enough to cease operations. Instead, a formal dissolution process must occur in order for the business to be considered legally closed.

All the owners and members of private companies need to agree to the dissolution. Publicly held companies must obtain the agreement of shareholders after creating a resolution to dissolve. At the very least, a company needs to file articles of dissolution with the Illinois Secretary of State or whatever state in which the original organizational documents were filed.

Is your trust ready for estate administration?

Many Illinois residents conclude that they need a trust to properly execute their plans for their surviving family members upon their deaths. A trust can simplify the estate administration process if everything goes according to plan. However, if an individual fails to take one crucial step -- funding the trust -- those plans could fail.

A trust document is only paper if an individual fails to transfer assets into it. A trust becomes the legal owner of some assets and the beneficiary of others. Which assets fall into a particular category depends on their type. Homes, cars and other tangible property require a transfer of title into the name of the trust, but retirement accounts and life insurance policies can list the trust as a beneficiary of the proceeds.

Behaviors couples exhibit prior to wanting a divorce

Some Illinois residents may be on the fence regarding whether they need to end their marriages. They feel that something is not right, but may not yet be ready to file for divorce. It may help to understand some of the common behaviors couples exhibit that could indicate that they want a divorce.

Resentment is often a running theme in marriages that are not doing as well as they should. Regardless of the event that precipitated the negativity, one party just cannot let it go. Instead, the resentment continues to grow, and communication, which is vital to any relationship, breaks down to a point where the parties may not even talk much anymore.

Construction contracts, change orders and liens

When an Illinois construction company enters into an agreement with a commercial or private property owner, it attempts to cover all eventualities that could lead to not being paid. One area that many construction contracts address is change orders. However, doing so does not preclude the need for the proper documentation when one arises.

When the project is completed, it is time to settle the bill. When the property owner refuses or otherwise fails to pay for the work done on change orders, the construction company may decide to file one or more liens in an attempt to get paid. However, without the proper documentation, that could present a problem.