Chicago Family Attorneys, LLC believes in the ability for clients to make informed decisions based upon education and insight that they receive. That is why we have created a thorough and comprehensive glossary of legal terms regularly used in Illinois law. Whether you are seeking assistance with a family law matter, probate matter, or civil litigation case, this Illinois legal glossary should assist you in understanding some of the terminology used by attorneys.
AB Trust: A trust used by married couples to maximize estate tax exemptions and protect assets.
Actual Breach: A failure to perform any term of a contract at the time performance is due.
Actual Cash Value (ACV): The value of an insured item considering depreciation at the time of loss or damage.
Administrator: A person appointed by the court to manage and distribute the estate of a deceased person who died intestate.
Adoption: The legal process of taking another person's child into one's family and raising them as one's own.
Adult Guardianship: A legal process that appoints a guardian to oversee the welfare and make important decisions on behalf of a disabled adult.
Affidavit for the Collection of Personal Property: A document used in small estate probate to collect and distribute a decedent's assets without formal probate.
Affidavit of Heirship: A document outlining the heirs of a deceased person and their entitlement to the estate, used to facilitate asset distribution.
Agency Adoption: Adoption that occurs after a parent's rights have been terminated and the child has been surrendered to a licensed agency or facility.
Alimony: Financial support that one spouse may be required to pay to the other spouse after a divorce.
Alternative Dispute Resolution (ADR): A collective term for various methods used to resolve legal disputes without going to trial. The main forms of ADR are mediation, negotiation, and arbitration.
American Arbitration Association: An organization that provides arbitration services and establishes procedures for arbitration, often used by law firms, courts, and private clients to resolve disputes.
Ancillary Probate: A probate process required when a decedent owns property in more than one state, involving additional proceedings in the state where the property is located.
Annual Report: A report filed by the guardian with the court that includes information about the ward's physical and mental condition, residential placement, education, finances, and other relevant information.
Annulment: A legal procedure that declares a marriage null and void, as if it never existed.
Anticipatory Breach: A declaration by one party that they will not fulfill their contractual obligations before the performance is due.
Anticipatory Repudiation: A party's indication that they will not fulfill their contractual duties, giving the other party the right to seek remedies.
Appraisal: The process of determining the value of an insured item.
Arbitration Clause: A provision in a prenuptial or postnuptial agreement that requires the parties to resolve their disputes through arbitration rather than litigation in court.
Arbitration: A method of ADR where a neutral third party hears evidence and testimony from both sides of a dispute and makes a binding decision on the outcome.
Asset Division: The process of dividing property and financial assets between spouses during a divorce.
Asset Protection: Legal strategies to protect an individual's assets from creditors, lawsuits, and other claims.
Attorney in Fact: An agent authorized to act on behalf of another person, typically in financial or legal matters.
Attorney-Client Privilege: The legal principle that ensures communications between an attorney and their client remain confidential, protecting the client's privacy and promoting open communication.
Attorney's Fees: Legal costs incurred during divorce proceedings, which may be ordered by the court to be paid by one spouse on behalf of the other.
Bad Faith Claims: Legal claims against an insurance company for not honoring its contractual obligations in good faith.
Bad Faith Insurance Claim: A claim that arises when an insurance company fails to deal fairly with the policyholder, such as by delaying payment or denying a valid claim without a reasonable basis.
Beneficiary Designation: The act of naming a person or entity to receive benefits or assets from a financial account, insurance policy, or legal document upon the account holder's death.
Beneficiary: A person or entity entitled to receive benefits or assets from a will, trust, insurance policy, or other legal document.
Best Interests of the Child: A standard used by courts to determine what arrangements would most benefit the child, including factors like the child’s relationship with the grandparent and the grandparent's ability to provide support.
Binding Decision: A decision made by an arbitrator in arbitration that is final and typically cannot be appealed or changed.
Bond in Lieu of Probate: A bond that guarantees the payment of any debts or claims against a property, allowing it to be transferred without formal probate proceedings.
Breach of Contract: A violation of any of the agreed-upon terms and conditions of a binding contract.
Breach of Lease Agreement: When a tenant violates the terms set forth in the lease agreement, such as nonpayment of rent or causing property damage.
Certified Mail: A method of serving legal notice where the recipient must sign for the mail, providing proof of delivery.
Charitable Trust: A trust created for charitable organizations or the public, providing significant tax advantages.
Chicago Residential Landlord Tenant Ordinance (C.R.L.T.O.): A set of laws governing the relationship between landlords and tenants in Chicago, covering topics like eviction, rent increases, security deposits, and repairs.
Child Custody Dispute: A disagreement between parents regarding the allocation of parental responsibilities and rights, including where the child will live and how decisions about the child's welfare will be made.
Child Custody: Legal determination of which parent or guardian has the right and responsibility to care for and make decisions regarding a child.
Child Representative: An attorney who represents the child's preferences and interests in court, distinct from a Guardian ad Litem.
Child Support (Income Share Model): Illinois' method for determining child support based on the combined net income of the parents and the expenses necessary to raise a child.
Civil Litigation: The process of resolving disputes or claims between individuals, businesses, or organizations through the court system.
Civil Order of Protection: An order obtained through the circuit court to protect victims from abuse, typically used when the victim and offender know each other.
Civil Union: A legally recognized union similar to marriage, providing similar rights and responsibilities, which can be dissolved through legal separation or divorce.
Claim Denial: The refusal by an insurance company to pay a claim submitted by a policyholder.
Class 2 Felony: An even higher classification of felony charges that may apply to multiple convictions of domestic battery or violations of orders of protection.
Class 3 Felony: A higher classification of felony charges that may apply to repeated or more severe violations of orders of protection.
Class 4 Felony: A classification of felony charges that may apply to violations of orders of protection in certain circumstances.
Co-Guardianship: A type of guardianship where two or more people share the responsibility of managing a disabled adult's care and welfare.
Collaborative Divorce: A process where both parties agree to settle their divorce outside of court with the help of collaborative attorneys. It involves negotiation and agreement on all terms without litigation.
Collaborative Law: A legal process enabling couples to resolve disputes amicably with the help of collaborative attorneys, without going to court.
Collaborative Practice: A legal practice that includes a team of professionals, such as attorneys, child specialists, financial specialists, mediators, and realtors, who work together to assist divorcing couples in the collaborative divorce process.
Collaborative Process Participation Agreement: An agreement signed by both parties and their attorneys at the beginning of a collaborative divorce, committing to resolve their issues without going to court except to obtain a final judgment.
Commingling: The mixing of marital and non-marital property, which can cause non-marital property to be considered marital property and subject to division in a divorce.
Compensation: Financial restitution for losses, emotional pain, legal fees, and sometimes punitive damages.
Compensatory Damages: Monetary compensation awarded to a party to cover the actual loss suffered due to a breach of contract.
Complaint: A formal expression of dissatisfaction or allegation of wrongdoing filed with an authority.
Comprehensive Estate Planning: Creating a detailed plan that includes wills, trusts, and powers of attorney to manage an individual's estate.
Consequential Damages: Compensation for indirect losses caused by a breach, such as lost profits.
Conservatorship: A legal process where a court appoints a conservator to manage the financial affairs of an adult who cannot do so themselves due to disability or age.
Consideration: Something of value exchanged between parties in a contract.
Consultation: A meeting with a lawyer to discuss the details of a legal issue, often to receive advice or determine if the lawyer will take the case.
Consumer Fraud: Deceptive practices that result in financial or other losses for consumers in the marketplace.
Consumer Protection: Laws and measures designed to safeguard consumers from unfair, deceptive, or fraudulent practices.
Contempt of Court: A legal finding that someone has disobeyed or shown disrespect for a court order, which can result in penalties such as fines or jail time.
Contested Adoption: An adoption where a child's biological parent or another party contests the termination of parental rights, leading to court hearings and evaluations of the child's best interests.
Contested Divorce: A divorce where the parties do not agree on the terms and may need the court to resolve their disagreements.
Contested Probate: A situation where heirs or interested parties challenge the validity of a will or the appointment of an executor or guardian.
Contingency Fee: A payment structure where a lawyer only receives payment if the case is won, typically taking a percentage of the awarded damages.
Contract: A legally binding agreement between two or more parties.
Contribution Hearing: A hearing to determine whether one spouse should contribute to the other spouse's attorney's fees during the divorce process, based on factors such as income, assets, and financial hardship.
Coverage Amounts: The limits of insurance coverage specified in a policy.
Covered Peril: A risk or cause of loss that is covered by an insurance policy.
Custodial Parent: The parent with whom the child primarily resides and who has the primary responsibility for the child's day-to-day care.
Custody: The legal right to make decisions about a child’s upbringing and to have the child live with the custodial parent or guardian.
Damages: Monetary compensation awarded to a plaintiff in a lawsuit for losses or injuries suffered due to the defendant's actions.
Deceptive Business Practices: Unfair methods or dishonest tactics used by businesses to deceive consumers.
Deceptive Practices: Actions that mislead consumers about products or services, prices, or billing practices.
Declaration Page: A document provided by an insurance company that outlines the coverage details of an insurance policy.
Defendant: An individual or entity accused of committing a wrongful act in a legal case.
Defense Attorney: A lawyer who represents the defendant in a legal case.
Dependent Adult: An adult who is dependent on another for care or support, relevant in orders of protection for high-risk adults.
Dependent: A person who relies on another, especially for financial support, and may be considered in protection orders.
Depositions: Oral testimony given under oath by a party or witness in a divorce case, used to gather information before trial.
Depreciation: The reduction in value of an asset over time due to wear and tear, age, or obsolescence.
Disabled Adult: An individual 18 years or older who is not capable of managing their person or estate due to reasons such as mental deterioration, physical incapacity, mental illness, developmental disability, or other specified conditions.
Discovery Process: The pre-trial procedure in a lawsuit where each party can obtain evidence from the opposing party by means of discovery tools such as interrogatories, requests for production of documents, and depositions.
Discovery: The legal process by which parties in a divorce request information from each other to ensure all relevant facts and documents are available before hearings or trial.
Dissipation of Marital Assets: The misuse or wasting of marital funds or assets by one spouse without the other spouse's consent, often to reduce the available assets for division in a divorce.
Dissolution of Marriage: The legal process of terminating a marriage, also known as divorce.
Distribution of Assets: The process of dividing and allocating a deceased person's assets to their heirs or beneficiaries according to their will or state law.
Divesting: The process of selling off assets for financial or ethical reasons.
Division of Marital Assets: The process of dividing property and assets acquired during the marriage upon divorce.
Division of Property: The legal process of distributing assets and debts between spouses during a divorce. This process involves determining which property is marital or non-marital and dividing it equitably, though not necessarily equally.
Divorce Coach: An attorney in the collaborative divorce process who acts as a coach, providing professional guidance and support to their client throughout the process.
Divorce: The legal dissolution of a marriage by a court or other competent body.
Duress: Coercion or pressure to enter into a contract against one's will. A prenuptial or postnuptial agreement must be entered into voluntarily and without duress to be valid.
Early Resolution Program (ERP): A voluntary program in Cook County offering landlords and tenants the opportunity to resolve eviction cases without going to trial.
Economic Losses: Financial damages suffered by a consumer due to fraudulent or deceptive practices.
Elder Law: A specialized area of law focusing on issues affecting the elderly, including estate planning, Medicaid planning, and guardianship.
Emergency Guardianship: A type of guardianship established without notice to the disabled adult or a hearing, typically in cases of imminent danger.
Emergency Order of Protection (E.O.P.): A temporary order issued by the court to protect a victim of domestic violence from their abuser, typically issued without notice to the abuser and lasting up to 21 days.
Equalization of Attorney’s Fees: A legal principle allowing the court to order one spouse to pay the attorney's fees of the other spouse to ensure equal access to legal representation during the divorce proceedings.
Equitable Distribution: The legal principle used in Illinois to divide marital property fairly, but not necessarily equally, based on various factors such as the length of the marriage, each spouse's contribution, and financial needs.
Equitable Division of Property: The legal principle in Illinois whereby marital assets are divided fairly, though not necessarily equally, between spouses in the event of a divorce.
Equitable Solutions: Fair and just resolutions to disputes, often involving creative arrangements that meet the needs of both parties.
Estate Administration: The process of managing and distributing a deceased person's estate according to their will or state law.
Estate Administration: The process of managing and settling a deceased person's estate, including gathering assets, paying debts, and distributing property.
Estate Assets: Property and financial resources owned by a disabled adult, including income, investments, real estate, and personal property.
Estate Plan: A comprehensive plan that includes various legal documents and strategies to manage and distribute a person's assets during their life and after death.
Estate Planning: The process of arranging for the management and disposal of a person's estate during their life and after death, through the use of wills, trusts, powers of attorney, and other legal documents.
Estate Tax: A tax on the transfer of the estate of a deceased person to their heirs or beneficiaries.
Estate: All the money, property, and other assets that a person owns at the time of their death.
Eviction Notice: A written notification from a landlord to a tenant stating the reason for eviction and the timeframe to rectify the issue or vacate the premises.
Eviction: The legal process by which a landlord removes a tenant from a rental property due to violations of the lease agreement or other reasons.
Evidence: Information or documentation presented in a legal proceeding to support or refute claims made by parties involved in the case.
Examination Under Oath (EUO): A formal interview conducted by an insurance company's attorney where the policyholder is questioned under oath about a claim.
Executor: A person named in a will to carry out the instructions and manage the estate of the deceased.
Executor's Responsibilities: Duties of an executor, including filing the will, gathering assets, paying debts, and distributing property according to the will.
Expert Witness: An individual with specialized knowledge, skill, experience, training, or education who is called to testify in a court case to provide opinions or facts pertinent to the case. Their expertise is often utilized to clarify complex issues and offer professional insight that may assist the judge or jury in understanding technical or specialized matters relevant to the litigation.
False Advertising: Advertising that misrepresents products or services to consumers.
Fault: Responsibility for an accident or injury, determined by evaluating the actions and negligence of parties involved.
Federal Trade Commission: A federal agency that oversees consumer protection laws in addition to state laws.
Fiduciary Duty: A legal obligation of the guardian to manage and protect the ward's assets and funds.
Fiduciary Responsibility: The duty to manage the ward's assets responsibly.
Final Accounting: A report filed by the guardian detailing the management of the ward's estate before the termination of guardianship.
Financial Affidavit: A sworn statement detailing an individual's financial situation, required in divorce cases involving temporary support, interim attorney fees, or child support.
Financial Power of Attorney: A legal document allowing an individual to designate another person to manage their financial affairs if they become incapacitated.
Financial Support: Temporary monetary assistance ordered by the court for the victim from the respondent in an order of protection case.
Flat Fee Arrangement: A fixed payment for specific legal services, often used in limited scope arrangements.
Force, Duress, or Fraud Involving Essentials of Marriage: Conditions where a marriage is entered into under compulsion, deceit, or false pretenses, which can be grounds for annulment.
Fraud: Intentional deception by one spouse regarding essential aspects of the marriage, which can be grounds for annulment.
Fraudulent Activities: Deceitful practices such as misuse of credit reports, making false statements to consumers, or selling faulty goods or services.
Garnishment: A legal process of collecting a monetary judgment on behalf of a plaintiff from a defendant's wages or bank account.
Gift Tax: A tax on the transfer of property or assets from one individual to another without receiving something of equal value in return.
Government Benefits: Public assistance programs such as Medicaid and Supplemental Security Income (SSI) that provide financial and medical support to eligible individuals.
Grandparent Rights: Legal rights that grandparents may have to visitation or custody of their grandchildren under certain circumstances.
Grandparent Visitation Rights: Legal rights allowing grandparents to visit their grandchildren, typically granted when grandparents have taken on a parental role or provided significant care.
Grandparent-Child Relationship: When grandparents step into the role of parents and create a relationship with the grandchild that mirrors a parent-child relationship.
Guardian ad Litem (G.A.L.): A neutral attorney appointed by the court to represent the best interests of the child in a custody case, investigating the child's living situation and making recommendations to the court.
Guardian ad Litem Appointment: The process by which a GAL is appointed in cases where there is a dispute over custody or visitation, or when one parent alleges the other parent is unfit.
Guardian ad Litem Report: A report drafted by a GAL that provides recommendations to the court regarding the child's best interests.
Guardian of Minor Status: A legal status where an individual is appointed as the guardian of a minor child.
Guardian of the Estate: A type of guardianship where the guardian manages the child's financial affairs and assets.
Guardian: A court-appointed person who takes care of the daily needs and financial affairs of someone because they have become ill or disabled and are unable to care for themselves.
Guardian's Duties: Responsibilities of a guardian, including making decisions about the ward's residence, medical treatment, education, vocational training, and financial affairs.
Guardianship Act: Legislation that outlines the requirements and responsibilities of guardianship.
Guardianship Action: A legal process in which a court appoints a guardian to care for a child or an incapacitated adult, transferring legal custody from the parents to the guardian.
Guardianship Fees: Costs associated with establishing and maintaining guardianship, including court fees, attorney fees, and other related expenses.
Guardianship Hearing: A court proceeding where evidence is presented, and a judge determines whether guardianship is necessary and who should be appointed as guardian.
Guardianship of a Minor: A legal process where a court appoints a guardian to care for and make decisions on behalf of a minor.
Guardianship of Adult: A legal process where a court appoints a guardian to care for an adult who cannot care for themselves due to mental illness, disability, or age.
Guardianship of an Estate: A type of guardianship where the court appoints a guardian to manage the financial affairs and estate assets of a disabled adult.
Guardianship of Minor: A legal authority given to an individual by the court to make decisions about the welfare of a child.
Guardianship of the Estate: A type of guardianship where the guardian is given authority to manage the child's financial affairs.
Guardianship of the Person: A type of guardianship where the guardian is given authority to make decisions about the child's education, medical care, and general welfare.
Guardianship Order: A court order appointing a guardian and outlining their responsibilities and powers over the ward.
Guardianship Petition: A legal document filed with the court to request guardianship over an individual.
Guardianship Proceeding: A legal process in which the court determines whether a person needs a guardian and who should be appointed as guardian.
Guardianship: A legal process appointing a guardian to oversee the welfare of a disabled adult or minor.
Healthcare Agent: A person appointed to make medical decisions on behalf of someone else through a healthcare power of attorney.
Healthcare Power of Attorney: A legal document allowing an individual to designate another person to make healthcare decisions on their behalf if they become incapacitated.
Heir: A person legally entitled to inherit a portion or all of an estate in the absence of a will.
Hidden Assets: Assets that one spouse may attempt to conceal to keep them out of the division during a divorce.
Hidden Income and Assets: Income and assets that are not disclosed or are concealed by one spouse during divorce proceedings.
Illegal Activity: Unlawful actions conducted by a tenant on rental property, which can be grounds for eviction.
Illinois Collaborative Divorce Act (750 ILCS 90/): Legislation that outlines the process and legal framework for collaborative divorce in Illinois.
Illinois Consumer Fraud and Deceptive Business Practices Act: A law passed in 1984 to protect consumers, borrowers, and businesses in Illinois from fraud and unfair practices in the marketplace.
Illinois Deceptive Practices Act: A law that protects consumers from fraudulent and deceptive business practices.
Illinois Department of Children and Family Services (D.C.F.S.): A state agency responsible for investigating allegations of child abuse and neglect and providing services to protect children.
Illinois Department of Healthcare and Family Services (HFS): The state agency responsible for administering child support services, including the enforcement and modification of child support orders.
Illinois Department of Insurance: A state agency that regulates the insurance industry in Illinois.
Illinois Domestic Violence Act (750 ILCS 60/): The statute that defines domestic violence and outlines legal protections and remedies for victims in Illinois.
Illinois Marriage and Dissolution of Marriage Act (I.M.D.M.A.): The Illinois statute that governs marriage, divorce, and related family law matters, including child custody and support.
Illinois Parentage Act: A statute that governs the establishment of parent-child relationships, rights, and responsibilities in Illinois.
Illinois Probate Act: A statute under 755 ILCS 5/Art. XI that sets forth the grounds on which guardianship may be granted.
Illinois Supreme Court: The highest court in the state of Illinois, which has the final authority on matters of state law.
Illinois Uniform Premarital Agreement Act (750 ILCS 10/): The Illinois law governing prenuptial and postnuptial agreements, ensuring these contracts are legally recognized and enforceable in Illinois.
Imputed Income: An estimated income assigned to a spouse by the court, based on what they could potentially earn if they found suitable employment.
Incapacitated: A state in which an individual is unable to make decisions for themselves due to mental or physical impairment.
Income Disparity: A significant difference in income levels between spouses, which is considered in spousal maintenance calculations.
Income Sharing Model: A method used to calculate child support based on the combined net income of both parents and the number of children. This model aims to address the child's needs rather than using a fixed percentage of the non-custodial parent's income.
Indefinite Maintenance: Spousal support awarded for an unspecified duration, often until a significant change in circumstances occurs.
Individualized Services: Services and support tailored to meet the specific needs of a disabled adult.
Inheritance: Property or assets received by one spouse as an inheritance, typically considered non-marital property and not subject to division unless commingled with marital property.
Injunctive Relief: A court-ordered command that requires a defendant to cease certain activities or practices.
Insurance Adjuster: A person who assesses and investigates insurance claims to determine the extent of the insurer's liability.
Insurance Carrier: An insurance company that provides coverage and handles claims.
Insurance Companies: Organizations that provide financial protection and reimbursement for losses, damages, or injuries under a contract, often in exchange for regular premium payments.
Insurance Contract: A legally binding agreement between an insurance company and the policyholder detailing the coverage provided.
Insurance Negotiations: Discussions and bargaining between a claimant and an insurance company to settle a claim for compensation due to losses or damages.
Insurance Policy Language: The specific terms and conditions outlined in an insurance contract.
Insurance Policy: A contract between an insurer and a policyholder outlining the terms of coverage.
Insurance Professional: An individual with experience and focus in the field of insurance, such as an agent, broker, or adjuster.
Interested Parties: Individuals entitled to notice of probate proceedings, typically including heirs, beneficiaries, and creditors.
Interested Person: An individual or entity with a legal interest in the guardianship proceedings, such as family members, healthcare providers, or government agencies.
Interim Order: A temporary order issued before a final order, often in the context of emergency protection orders.
Interrogatories: Written questions sent by one party to another as part of the discovery process in a lawsuit, which must be answered in writing and under oath.
Intestacy Laws: State laws that determine how a deceased person's estate is distributed when they die without a will.
Intestate Probate: The administration of an estate where the decedent died without a will, with distribution according to state intestacy laws.
Intestate: A situation where a person dies without having made a will.
Inventory of Estate: A detailed list of the ward's estate, required to be filed within 60 days of the guardian's appointment.
Irreconcilable Breakdown: A situation where the marriage is undergoing severe and irreparable issues, related to the grounds for dissolution rather than annulment.
Irreconcilable Differences: Grounds for divorce where the spouses acknowledge that their marriage cannot be saved due to fundamental disagreements and conflicts, making reconciliation impossible.
Irrevocable Trust: A trust that cannot be altered or revoked after its creation, used for asset protection and estate tax reduction.
Joint Physical Custody: A custody arrangement where both parents share the responsibilities of raising the child, although it may not be an equal split of time.
Joint Revocable Trust: A trust created by a married couple that can be altered or terminated by either spouse during their lifetimes.
Judgment of Dissolution of Marriage: The final court order that legally ends the marriage and outlines the terms of the divorce as agreed upon by the parties or decided by the court.
Judgment: A court's final decision on the rights and obligations of the parties in a case.
Judicial Approval: Court approval required for a minor (16-17 years old) to legally marry, which, if lacking, can be grounds for annulment.
Jurisdiction: The authority of a court to hear and decide a case, determined by factors such as the residence of the petitioners, the adoptee's location, or the birth parents' residence.
Landlord-Tenant Disputes: Legal conflicts between landlords and tenants, often involving issues like evictions, rent, and property conditions.
Landlord-Tenant: Legal issues involving rental agreements, evictions, and disputes between landlords and tenants.
Lawsuit: A legal action taken by one party against another in a court of law.
Lease Agreement: A contract between a landlord and tenant outlining the terms of rental property occupation.
Least Restrictive Environment: A principle that a ward should live in an environment that allows them the greatest level of independence possible.
Legal Advice: Guidance provided by a lawyer regarding legal matters, rights, and the appropriate course of action.
Legal Claims: Formal demands for compensation or restitution made through the legal system for damages or losses suffered.
Legal Disability: A condition where an individual is not capable of managing their person or estate due to mental or physical limitations.
Legal Disputes: Disagreements that result in legal action or court cases.
Legal Father: A man who has established a legal parent-child relationship, either through marriage to the child's mother or by taking steps to be recognized as the child's parent.
Legal Majority Age: The age at which a person is considered an adult and capable of making their own legal decisions, typically 18 years old.
Legal Proceedings: The process of taking legal action in court to resolve a dispute or seek justice.
Legal Representation: The act of a lawyer advocating on behalf of a client in legal proceedings, providing counsel and defense.
Legal Separation: A court-approved arrangement where spouses live separately but remain legally married, often used as a precursor to divorce to address immediate issues such as child custody and support.
Letters of Administration: Documents issued by a probate court authorizing an administrator to manage an intestate decedent's estate.
Letters of Office: Official documents issued by a probate court granting an executor or administrator the authority to administer the deceased's estate.
Letters Testamentary: Documents issued by a probate court authorizing an executor to administer the decedent's estate.
Lien: A legal right or interest that a creditor has in the debtor's property, lasting until the debt obligation is satisfied.
Limited Guardianship: A type of guardianship that allows a disabled adult to make decisions regarding certain areas while giving a guardian authority over specific areas.
Limited Scope Arrangement: An agreement where an attorney handles specific parts of a case for a flat fee or a la carte payment.
Litigation: The process of taking legal action to resolve disputes, often involving court intervention and formal procedures.
Living Trust: A trust created during an individual's lifetime that allows for the management and distribution of assets and can help avoid probate.
Long-Term Care Planning: The process of preparing for future health care needs, including nursing home care and home health services.
Look-back Period: A period in which Medicaid checks to ensure no assets were transferred or given away in order to qualify for benefits.
Lost Wages: Income that an individual misses out on due to being unable to work as a result of an injury or accident.
Lump Sum Spousal Support: A one-time payment made to a former spouse, typically when future financial changes are anticipated.
Maintenance Calculator: A tool used to estimate spousal maintenance payments based on factors like income and duration of marriage.
Marital Asset: Any property acquired during the marriage for the benefit of both spouses, including real estate, bank accounts, stocks, retirement savings, and other investments.
Marital Debt: Debts incurred during the marriage for the benefit of both spouses, subject to division in a divorce.
Marital Misconduct: Behavior by a spouse that may be considered inappropriate or wrongful, but not considered when determining spousal support.
Marital Property: Property acquired by either spouse during the marriage, subject to division in a divorce. This includes assets like the family home, cars, and joint bank accounts.
Master Settlement Agreement (MSA): An agreement between divorcing parties outlining the division of property and other divorce terms, which is then submitted to the court for approval.
Material Breach: A substantial failure to perform terms of a contract, entitling the other party to damages.
Mediation: A process where a neutral third party assists the disputing parties in reaching a mutually acceptable agreement.
Medicaid Appeal: A process where a denied Medicaid application is reviewed and eligibility is reassessed.
Medicaid Asset Protection Trust (MAPT): A trust designed to protect assets while allowing individuals to qualify for Medicaid benefits.
Medicaid Eligibility: The criteria that must be met for an individual to qualify for Medicaid benefits.
Medicaid Family Protection Trust (MFPT): A trust similar to MAPTs but offering more significant asset protection for both the grantor and the beneficiaries or heirs.
Medicaid Lien: A claim placed by the state on the property of a Medicaid recipient to recover the cost of medical care.
Medicaid Planning: The process of arranging financial resources and assets to qualify for Medicaid assistance for long-term care.
Medicaid: A joint federal and state program that helps with medical costs for some people with limited income and resources.
Medical Records: Documents detailing the medical history, treatment, and care of an individual, used as evidence in personal injury claims.
Meeting of the Minds: Mutual agreement and understanding of the terms of a contract by all parties.
Mental Anguish: Emotional distress or suffering experienced as a result of an injury or traumatic event, considered in personal injury claims.
Mental Capacity: The ability to understand and consent to a marriage. Lack of mental capacity due to mental illness, influence of alcohol or drugs, force, duress, or fraud can be grounds for annulment.
Minor Breach: A slight deviation from the terms of a contract, causing minimal harm.
Misleading Statement: False or deceptive information provided to consumers.
Modification by Court Order: The ability to change the terms of a prenuptial or postnuptial agreement due to a significant change in circumstances, such as the birth of a child or an increase in one party's income.
Modification of Child Custody: A legal process in which a court order for child custody is changed due to a significant change in circumstances that affects the child's best interests.
Modification of Maintenance: A change in the spousal support order due to a significant change in circumstances.
Monetary Damages: Financial compensation ordered by a court for the non-breaching party if the other party fails to uphold their obligations under a prenuptial or postnuptial agreement.
Motion to Dismiss: A legal motion filed by a party seeking to have the court dismiss the case or specific claims within it, often based on legal insufficiencies or procedural issues.
Motion to Vacate Pursuant to 2-1301: A legal motion filed to request the court to vacate (set aside) a judgment within 30 days of the judgment or order for reasons such as mistake, inadvertence, surprise, or excusable neglect, as outlined in Section 2-1301 of the Illinois Code of Civil Procedure.
Motion to Vacate Pursuant to 2-1401: A legal motion filed to request the court to vacate (set aside) a judgment that was entered into the court record over 30 days from adjudication, as outlined in Section 2-1401 of the Illinois Code of Civil Procedure.
Neutral Evaluation: A form of ADR where a neutral evaluator, usually an expert in the subject matter, assesses the strengths and weaknesses of each side's case and provides an opinion on likely outcomes, aiding in settlement negotiations.
Neutral Third Party: An individual, such as a mediator or arbitrator, who facilitates the ADR process without taking sides or making decisions for the parties involved.
No Contact Order: An order prohibiting the offender from contacting the victim through phone calls, text messages, emails, and in-person visits.
No Stalking Order: A legal order that requires the person accused of stalking to stop all forms of contact with the victim, regardless of any previous relationship between the two individuals.
No Unlawful Contact Order: A civil order designed to protect the victim from further abuse or harassment, which can also include provisions for child custody, visitation, and support.
Nomination of Guardianship: A document through which a minor aged 14 or older can consent to the appointment of a guardian.
Non-Adversarial Approach: A method of resolving disputes that focuses on cooperation and mutual agreement rather than confrontation and litigation.
Non-Custodial Parent: The parent who does not have primary physical custody of the child but may have visitation rights and is typically responsible for paying child support.
Non-economic Damages: Compensation for non-monetary losses such as pain and suffering, emotional distress, and loss of companionship.
Non-Marital Asset: Property acquired prior to or outside of the marriage by either spouse, or given to one spouse as a gift or inheritance. These assets are usually considered separate property and not subject to division in a divorce.
Non-Marital Property: Property acquired by either spouse before the marriage, through inheritance, as a gift, or as separate property, and generally not subject to division in a divorce unless it has been commingled with marital property.
Non-Payment of Rent: A tenant's failure to pay the agreed-upon rent on time, which can be grounds for eviction.
Nursing Home: A facility that provides residential accommodations with healthcare, especially for elderly people.
Oath and Bond of Surety: An agreement between the guardian and court ensuring the guardian will faithfully carry out their duties and handle the disabled adult's finances properly.
Order for Guardianship: A court order granting guardianship over a minor child to a specific individual.
Order for Money Damages: A court order requiring a tenant to pay outstanding fees and costs to the landlord.
Order for Publication: A court order allowing notice of guardianship proceedings to be published if relatives cannot be located.
Order of Appointment: A court order that officially appoints a guardian for a minor child.
Order of Distribution: A court order authorizing the distribution of a deceased person's estate to heirs and beneficiaries.
Order of Possession: A court order requiring a tenant to vacate the rental property by a specified date.
Order of Protection (Emergency): A court order issued when there is an ongoing fear and risk that the petitioner is in imminent danger, to prevent further harm or abuse.
Order of Protection: A court order designed to protect an individual from being abused, harassed, or stalked.
Parental Responsibilities (Child Custody): Allocation of custodial rights and decision-making responsibilities between parents, considering the best interests of the child.
Parental/Guardian Approval: The consent required for a minor (16-17 years old) to legally marry, which, if lacking, can be grounds for annulment.
Parenting Plan: A detailed document that outlines the schedule and residential arrangement for the child, as well as decision-making responsibilities of each parent.
Parenting Time: Formerly known as 'visitation,' this term refers to the time a parent spends with their child. It is an aspect of the Allocation of Parental Responsibilities in Illinois.
Paternity: The legal determination of fatherhood. Establishing paternity can be necessary for child support, custody, and visitation rights when the parents are not married.
Per Stirpes: A method of distributing an estate where descendants inherit in equal parts by branch of the family, typically used in intestate succession.
Personal Injury Attorney: A lawyer who provides legal representation to individuals who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, or entity.
Personal Injury: Harm caused to a person's body, mind, or emotions due to another's negligence or wrongful conduct.
Personal Property Insurance Claims: Claims made to an insurance company for loss or damage to personal property.
Personal Property Insurance: Insurance that provides coverage for personal belongings against damage or theft.
Personal Property: Legal issues related to ownership, use, and damage of personal property.
Personal Service: A method of serving legal notice by delivering it directly to the recipient.
Petition for Adult Guardianship: A document filed with the court that outlines why adult guardianship is necessary, including information about the disabled adult's mental and physical condition, family members, and other factors supporting the need for guardianship.
Petition for Dissolution of Marriage: A legal document filed by one spouse (the petitioner) to initiate the divorce process, stating the grounds for divorce and the relief sought.
Petition for Guardianship of a Minor: A legal document filed to request guardianship over a minor child.
Petition for Plenary Guardianship: A document filed to request comprehensive guardianship over a minor child.
Petition for Review of Guardianship: A document filed to request changes in the guardianship arrangement based on changed circumstances.
Petition for Rule to Show Cause: A legal motion filed when one party fails to comply with a court order, seeking enforcement and potential penalties.
Petition for Temporary Guardianship: A document filed to request temporary guardianship in emergency situations.
Physical Incapacity: The inability of one spouse to consummate the marriage through sexual intercourse, unknown to the other spouse at the time of marriage, which can be grounds for annulment.
Physical Therapy: Medical treatment involving exercises and techniques to improve mobility and function, often part of recovery after an injury.
Physician's Report: A required medical report providing the court with information about the disabled adult's medical condition and capacity to make decisions about their care.
Plaintiff: An individual or entity that brings a case against another in a court of law.
Plaintiff's Attorney: A lawyer who represents the plaintiff in a legal case.
Plenary Guardianship: A comprehensive guardianship where the court appoints a guardian to make decisions for a disabled person who cannot adequately take care of themselves long-term.
Plenary Order of Protection: A court order that offers the widest possible protection from abuse, typically issued for up to two years and can be renewed if necessary.
Police Reports: Official documents created by law enforcement detailing the circumstances and findings of an incident, often used as evidence in legal cases.
Policy Riders: Additions or amendments to an insurance policy that provide additional coverage.
Policyholder: The individual or entity that owns an insurance policy.
Postnuptial Agreement: A contract entered into after marriage outlining the division of assets and financial responsibilities in case of divorce.
Pour-Over Will: A will that ensures any assets not included in a trust at the time of the trustor's death are transferred to the trust.
Power of Attorney: A legal document that allows an individual to appoint another person to make decisions on their behalf if they become incapacitated.
Prenuptial & Postnuptial Agreements: Contracts entered into before (prenup) or after (postnup) a marriage that outline the division of assets and financial responsibilities in case of divorce.
Prenuptial Agreement: A contract entered into before marriage outlining the division of assets and financial responsibilities in case of divorce.
Preventative Counseling: Counseling provided to couples before beginning the divorce process, aimed at helping them understand the benefits and implications of collaborative divorce and working through their issues.
Primary Caretaker: A person who has been the main caregiver and provider for a child, often used in determining visitation or custody rights.
Private Adoption: Adoption that occurs without the involvement of an agency, through a private agreement between the parties.
Pro Bono Services: Legal services provided for free or at a reduced cost to individuals who cannot afford to pay for legal representation. These services are typically offered by attorneys as a public service to ensure access to justice for all individuals, regardless of their financial situation.
Probate Court: The judicial process where a will is validated, and an estate is administered.
Probate of an Estate: The process of proving a will is valid and distributing the deceased's assets according to the will.
Probate Process: The legal steps and procedures involved in administering a deceased person's estate through the probate court.
Probate: The legal process of administering the estate of a deceased person, including gathering assets, paying debts and taxes, and distributing remaining property to beneficiaries.
Prohibited Marriage: A marriage that is not allowed under Illinois law, such as bigamy or incestuous marriage, which can be grounds for annulment.
Proof of Death Certificate: A certified copy of the death certificate required for probate proceedings to prove the decedent's death.
Property Damage: Physical harm caused to the rental property by the tenant, which can be grounds for eviction.
Protective Order: A legal order issued to protect an individual from harm or harassment, often used in cases of domestic violence.
Psychological Evaluation: An assessment ordered by the court to provide information about the disabled adult's mental state and capacity to make decisions about their care.
Public Adjuster: A professional who represents policyholders in negotiating claims with insurance companies.
Public and Private Income Sources: Income from various sources, including disability and retirement income, considered in spousal support calculations.
Publication Requirements: Legal requirements for publishing notice of probate proceedings, ensuring public awareness and the opportunity for claims.
Punitive Damages: Payments awarded to punish the breaching party, typically for malicious or gross negligent behavior.
Putative Father: A man who claims to be or is believed to be the child's father but has not legally established paternity. Putative fathers have certain rights in adoption proceedings and must register with the putative father registry to preserve their rights.
Qualified Illinois Domestic Relations Order (QILDRO): A court order used to divide retirement benefits in a divorce, applicable to pensions, 401(k)s, and other retirement accounts.
Regulatory Actions: Measures taken by a regulatory authority to enforce laws and regulations, often in response to violations.
Related Adoption: Adoption by a step-parent who takes on legal responsibility for a child by terminating another birth parent's rights.
Relocation in Child Custody: The process and legal considerations involved when a parent with custody plans to move to a new location, potentially impacting the existing custody arrangement.
Remedies: Legal means of enforcing a right or redressing a wrong, such as damages or injunctive relief.
Removal of a Guardian: A process by which the court can remove a guardian from their position for reasons such as misappropriation of funds, neglect, abuse, or other misconduct.
Replacement Cost: The cost to replace a damaged or lost item with a new one of similar kind and quality without accounting for depreciation.
Requests to Admit: A discovery tool in which one party asks the other to admit the truth of certain facts or the authenticity of documents, simplifying the issues to be resolved at trial.
Requests to Produce: A discovery tool used to obtain documents, electronically stored information, or other tangible evidence from another party in a lawsuit.
Rescission: The cancellation of a contract and restoration of the parties to their original positions.
Restitution: Compensation for benefits unjustly received, returning the injured party to their original state.
Restraining Order: Another term for an order of protection, designed to prevent further harm or harassment.
Resuscitation: The process of reviving someone from unconsciousness or apparent death.
Retainer Fee: An upfront fee paid to an attorney to cover their hourly rate and time spent working on a case.
Retaliation: Illegal eviction by a landlord in response to a tenant exercising their legal rights, such as reporting code violations.
Revocable Living Trust: A trust established during the grantor's lifetime that can be altered or revoked at any time before death, allowing control over assets and avoiding probate.
Security Deposit: A sum of money held by the landlord as security for potential damages or unpaid rent, which may be retained if the tenant breaches the lease agreement.
Self-Help Evictions: Illegal actions taken by a landlord to remove a tenant without going through the legal eviction process, such as changing locks or shutting off utilities.
Service of Notice: The legal requirement to notify interested parties about court proceedings, such as an adoption petition, ensuring they have the opportunity to respond or contest the case.
Service of Process: The legal procedure of notifying interested parties about court proceedings, ensuring they have the opportunity to respond.
Settlement Agreement: A legally binding agreement reached by the parties in a divorce outlining the terms of the dissolution, including asset division, child custody, and support arrangements.
Settlement Demand: A formal request for payment made by a policyholder or their attorney to resolve a claim.
Settlement Offer: A proposal by an insurance company to resolve a claim by paying a specified amount to the policyholder.
Settlement: An agreement reached between parties in a lawsuit, typically involving payment from the defendant to the plaintiff, to resolve the dispute without going to trial.
Short-Term Guardianship: A type of guardianship used when there is a need for a guardian for a period of time less than one year.
Simple Will: A basic will that specifies how a person's property is to be distributed after their death.
Small Estate Affidavit: A simplified probate process available when the value of the decedent's estate is less than $100,000, allowing beneficiaries to avoid formal probate proceedings.
Sole Physical Custody: A custody arrangement where one parent has primary physical custody of the child, and the other parent has visitation rights.
Special Investigations Unit (SIU): A division within an insurance company that investigates suspicious or potentially fraudulent claims.
Special Needs Trust: A trust created for individuals with disabilities to provide for their needs without disqualifying them from receiving government benefits.
Special Trust: A trust set up to move assets from the person receiving care to a separate entity.
Specific Performance: A court-ordered remedy requiring the breaching party to fulfill their obligations under a prenuptial or postnuptial agreement.
Spendthrift Trust: A trust created to protect a beneficiary's inheritance from creditors and their own spending habits.
Spousal Maintenance/Alimony: Financial support awarded to a spouse after a divorce to ensure they can maintain a similar standard of living as during the marriage. In Illinois, it is commonly referred to as spousal maintenance or spousal support.
Standard of Living: The level of comfort and material wealth enjoyed by the spouses during the marriage, considered when determining spousal support.
Standby Adoption: An adoption where the biological parent places the child with the adoptive family but does not immediately terminate their parental rights, typically used when the birth parent faces deployment, incarceration, or other absence.
Standby Guardian: An appointed guardian to take over if the current one cannot serve.
Standby Guardianship: An arrangement where a guardian is appointed to take over if the current guardian can no longer serve.
Statute of Limitations for Annulment: The time period within which an annulment petition must be filed. In Illinois, this is within one year of discovering the basis for the annulment.
Statute of Limitations: The time period within which a legal action must be brought.
Substantial Material Change in Circumstances: A significant change in a parent's or child's situation that can justify modifying an existing child support order. This includes changes in income, financial needs, or living arrangements.
Successor Guardian: A person appointed to serve as guardian if the current g
