Posted on December 14, 2021 in Prenuptial Agreements

Anyone who has written a prenuptial agreement before getting married knows that negotiations can be tough. Both partners want good things for each other, but they must also look out for their own best interests in the future. Sometimes, negotiating a prenup can be so challenging that couples may feel as if they are negotiating a divorce before the marriage even starts.

Because prenuptial agreements take hard work and compromise, it is extremely important to make sure that they are legally enforceable if a couple does get divorced. Unfortunately, many couples spend time painstakingly writing a prenup only to get a nasty surprise during divorce proceedings: The prenup is unenforceable and gets thrown out by a judge. If you are considering writing a prenup with your spouse, here are three big mistakes to avoid.

Coercion or Duress

Each partner must agree to the contents of the prenuptial agreement and sign of their own free will. If a fiance coerces, blackmails, or threatens their partner to secure a signature, the prenup could be considered invalid. If one partner presents the other partner with a prenuptial agreement shortly before the wedding and makes the wedding contingent on their fiance signing the prenup, that could be considered coercion. Couples can avoid this by creating a prenup together, having it reviewed by their own attorneys, and signing the prenup well before the wedding.

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 Posted on December 07, 2021 in Child Support

Many things keep parents of young children awake at night, but few worries are more stressful than the fear of being unable to financially provide. Unfortunately, many parents are worried about money because their child’s other parent refuses to make court-ordered child support payments. If you are in this situation, you know how frustrating it can be; fortunately, there are strategies that can help you recover unpaid child support and get future payments back on track.

Make Sure Your Child Support Order is Enforceable

Many parents who have never been married set up an unofficial arrangement for child support payments. Although this may seem easier than going to court, it actually can result in more complex challenges later on if a parent decides to stop paying. Before you can take measures to get unpaid child support, you have to have a legally enforceable court order. This involves establishing paternity if you have not already done so, and then going to an Illinois family court to petition for child support based on state guidelines.

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 Posted on November 24, 2021 in Divorce

Studies show that Americans spend a great deal of time on the internet. Whether working remotely, streaming videos, or using social media to keep up with friends and family, we are constantly online. If you are like many people considering divorce, you may wonder if your online activity can impact your divorce. Perhaps you have posted some things online that you are not proud of or shared information about the divorce on your Facebook or Instagram account. If you are already separated, you may even use online dating applications like Tinder.

What you do and say online can be used as evidence in a divorce case. Even posts that were deleted or set to “private” may be used against you in a divorce. If you are getting divorced and you have questions or concerns about how your online activity may impact the case, make sure to reach out to an experienced divorce lawyer for help.

Can Courts Use Online Content to Decide Divorce Issues?

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 Posted on November 16, 2021 in Division of Assets

Dividing a divorcing couple’s property, money, and debt is an important part of the divorce process. It is also one of the most complex aspects to many divorce cases. If you are getting divorced, you will need to identify each of your assets as either non-marital assets or marital assets. Both spouses have a right to a share of marital property whereas non-marital property belongs only to one spouse. Identifying, valuing, and dividing assets in a divorce can be further complicated by factors such as:

Non-Disclosure of Assets and Debts

Before a married couple can divide their assets and debts during divorce, they must take a full inventory of those assets and debts. Each spouse is asked to provide a financial affidavit listing their property, liabilities, income, and expenses. This financial disclosure may include bank account balances, real estate, stocks, investments, retirement accounts, loans, mortgages, and much more. Financial data from the affidavit influences everything from property division to child support, so accuracy is crucial.

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 Posted on October 26, 2021 in Child Support

Autism spectrum disorder is a developmental disability that can cause difficulty with communication, socialization, and behavior. The condition ranges from extremely mild to severe. Some people with autism are unable to speak or take care of themselves. Others can handle everyday tasks but need assistance with more complex responsibilities.

As a parent of an autistic child, you may face significant child-related costs. Your child may need specialized education or childcare. He or she may participate in early intervention treatment services such as behavioral therapy or speech therapy. Some parents of children with autism forgo a career and stay home to care for their child full time. Expenses can quickly add up, and these costs do not disappear once the child turns 18. Fortunately, Illinois law provides a way for parents of children with disabilities to receive child support even after the child is an adult.

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 Posted on October 11, 2021 in Child Custody

Any family law issue can become hostile and non-productive. When a family law concern involving children becomes contentious, both the adults and the children involved in the dispute can suffer. In order to reduce contention and promote out-of-court resolutions to child custody issues, many Illinois courts require parents to attend mediation.

Why Are We Being Forced to Go to Mediation?

Child custody disputes are often some of the most difficult family law cases to resolve. Parents understandably have strong beliefs about their children and what is best for them. When parents cannot reach an agreement about the allocation of parental responsibilities and parenting time, the court may have to intervene. However, Illinois courts try to avoid child custody trials whenever possible. These trials can place a great strain on children and their parents. The adversarial nature of a court trial also pits parents against each other, making it even harder for them to build a cooperative co-parenting relationship in the future.

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 Posted on October 04, 2021 in Mediation and Collaborative Law

Many people are surprised to learn that deciding how to end their marriage can be just as difficult as the decision to divorce. There are several different ways that you can end your marriage in Illinois. Each has its own advantages and disadvantages. In this blog, we discuss the advantages of using collaborative law to resolve divorce issues. Collaborative divorce is a cooperative process in which spouses work together to negotiate, and hopefully, reach an agreement on divorce issues.

Collaborative Divorce Prioritizes Cooperation and Civility

There is no doubt about it, the more contentious your divorce, the greater the cost – both financially and personally. Most divorcing spouses want to maintain as much civility as possible when they get divorced both for their own sake and the sake of their children. In a collaborative divorce, spouses and other participants agree to negotiate in good faith, share information freely, and maintain a respectful attitude toward each other. This is not to say that collaborative divorces are void of any conflict. However, collaborative divorce cases typically involve less hostility than cases resolved through litigation.

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 Posted on September 26, 2021 in Divorce

The average marriage ceremony takes less than an hour. However, undoing a marriage through divorce can take weeks, months, or even years. Spouses may need to address the division of property and debt, spousal support, child support, child custody, and more. If you are like many spouses beginning the divorce process, you may wonder how you will handle the months or years between filing the divorce petition and the divorce’s resolution. Temporary orders can address important divorce issues like child custody or spousal support while the divorce is ongoing.

Temporary Relief Orders During an Illinois Divorce

Often, divorcing spouses are unable to reach an agreement about how to handle parental responsibilities, parenting time, financial concerns, and other divorce issues without the court’s intervention. Temporary relief orders may address:

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 Posted on September 22, 2021 in Child Custody

Ending a marriage can be a complex process emotionally, legally, and financially. This is especially true when parents divorce. If you share children with your soon-to-be-ex, it is important to educate yourself about the way Illinois handles child custody. The state revamped several major divorce and child custody laws in 2016. Now, parents are asked to create a parenting plan that describes each parent’s parental responsibilities and parenting time.

Child Custody Laws in Illinois

When parents file for divorce, they are asked to create a “parenting plan” or parenting agreement that describes child custody issues. While the terms “child custody” and “visitation” are still sometimes used informally, the law no longer uses these terms. Instead, child custody is broken down into two major components:

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 Posted on September 11, 2021 in Divorce

Studies show that approximately 16 percent of married people cheat on their spouse at least once in their lives. Of course, what constitutes “cheating” is up to the individuals involved in the marriage. Whether your relationship was affected by a one-time instance of sexual infidelity or a long-term affair, there is no doubt that cheating can dramatically impact a marriage. But how does infidelity affect divorce? Are spouses entitled to a greater share of marital property or higher spousal support payments if their spouse cheated? Does infidelity impact child custody determinations? Can you list “adultery” as the grounds for your divorce?

Adultery in Illinois Divorce Cases

The grounds, or legal justifications, for divorce vary from state to state. Presently, Illinois is a no-fault divorce state. This means that you will not list adultery or other fault-based grounds as the reason for your divorce. The only reason you will have available is “irreconcilable differences.” Infidelity and other forms of marital misconduct do not typically impact the division of assets and debts, spousal maintenance, or child custody decisions in Illinois divorce cases. However, there are ways that adultery or an affair partner can influence divorce determinations.

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