Lafata Law Blog

The sanctity of the attorney-client relationship stands as a cornerstone. This privilege safeguards the rights, interests, and confidentiality of those seeking legal counsel. Illinois Rule of Professional Conduct 1.6 ensures the confidentiality of communications between attorneys and their clients. The rules of professional conduct underpin the significance of the attorney-client relationship and the delicate nature…

Grandparent’s rights hold a significant place in Illinois law. 750 ILCS 5/602.9 of the Illinois Compiled Statutes defines how grandparents can seek visitation rights with their grandchildren. The law covers who may file a petition. It also covers when a petition may be filed and what the court considers when reviewing the petition. In the…

Orders of Protection in Illinois What Is an Order of Protection? In Illinois, an order of protection is a court order which provides victims protection from threats or abuse. This includes domestic violence. They are only available to family or household members. They protects the victim and anyone else living in the home. Under Illinois…

What is Paternity? When a child is born to unwed parents, parentage is required to establish a parent’s legal relationship to a child. Parentage includes the relationship between the mother and child (maternity) and the relationship between the father and child (paternity). When parentage is established, a person is considered the legal parent of the…

Modifying a Parenting Plan in Illinois Over time, circumstances change between parents that require a parenting plan to be modified. These circumstances can include a job change, an increase in workload, or even moving to a different state or city. A parenting plan can only be modified by a court order. In Illinois, parenting plans…

Who Gets to Keep the House After a Divorce? During a marriage, couples make countless financial decisions. When spouses seek a divorce, those decisions, and the property acquired, must be divided. Illinois is considered an “equitable property” state, meaning property distribution after a divorce will not be divided equally, instead it will be distributed equitably.…

What Is Spousal Maintenance? During a divorce proceeding, a judge may order one spouse to pay another spouse money to help support them. This is referred to as “spousal maintenance” or “alimony.” However, a judge is not required to order spousal maintenance. How Does a Spouse Get Maintenance? When deciding whether or not to order…

Is Your Ex Interfering With Your Parenting Time? Is your ex interfering with your parenting time? When it comes to family law, often parenting time (formerly known as visitation and child custody) is of the utmost importance to the parents involved. While many parents are committed to acting in the best interest of their children,…

What’s a Parenting Plan? In Illinois, a parenting plan is a written agreement that allocates significant decision-making responsibilities and parenting time. The parties are required to submit a parenting plan to the court within 120 days of the date of filing a petition for allocation of parental responsibilities, or a petition for dissolution of marriage.…

What Does It Mean When a Crime Is “Aggravated”? If you are charged with an “aggravated” crime, you could be facing some serious consequences. “Aggravated” means made more serious by attendant circumstances. The penalty range may be more than you have bargained for based upon some factor, whether it’s the victim’s age or race, where…