Posted on September 15, 2023 in Prenuptial and Postnuptial Agreements

A prenuptial agreement, or "prenup," is a legal document signed by a couple before marriage that specifies how assets and other issues will be divided in the event of a divorce. Prenups are helpful to protect the interests of both spouses by outlining certain expectations. You can hire a family law attorney to ensure that your prenup is enforceable and will work to protect you and your best interests. 

What Are the Advantages of a Prenuptial Agreement?

A prenuptial agreement helps partners to talk about their expectations right away. Discussing finances can help couples understand one another's obligations and debts better. Those with high-value assets or business interests will benefit the most from a prenuptial agreement. 

What Should I Include in My Prenuptial Agreement?

When drafting your prenup, you must first identify the assets and debts that each party is bringing into the marriage. Both parties must be honest about their finances, or an agreement will not be enforceable. Assets and debts may include:

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 Posted on September 07, 2023 in Divorce

A divorce with spouses who experience high conflict or who have a high net worth is known as a complex divorce. While many argue that any divorce is difficult, this type of divorce follows unique criteria that make things especially complicated for all parties. But with the help of a seasoned divorce attorney, you can settle your divorce more effectively and favorably, whether it is complex or not.

Is a Complex Divorce Uncontested or Contested?

A complex divorce can be either contested or uncontested. Most people think of ex-spouses at odds when there is a contested divorce, but that is not always the case. Sometimes, it is a simple disagreement between both parties based on the distribution of assets, finances, parenting time, or alimony.

A complex, uncontested divorce is when a few complicated factors are at play, but both parties agree on how the divorce should be handled. Here are a few elements of a complex divorce to keep in mind: 

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 Posted on September 06, 2023 in Prenuptial and Postnuptial Agreements

Sometimes, marriages fall apart. Divorce can be costly, with major challenges for both parties. Although divorce is something you do not see coming, you can prepare beforehand. The legal paperwork of a postnuptial agreement can give you and your partner the security and peace of mind you need. This agreement can allow you to tackle many financial and personal problems before they happen. With the help of a knowledgeable family law attorney, you can ensure that your postnup is legally binding and protects both of your interests.

What Should I Add to My Postnup?

Marriage is when the lives of both people come together completely. With divorce, the process is just as intimately involved, but it is a separation. If you have been married for years, the process can be messy. But with a postnuptial agreement, many factors are already put in place regarding separation. Here are a few areas of divorce that you should add to your postnup for a simpler and less stressful divorce:

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 Posted on August 24, 2023 in Family Law

If you believe that you are not the child’s biological father, you may be able to challenge paternity in DuPage County. Paternity is the legal relationship between a father and his child. When paternity is established, the father has certain legal rights and responsibilities to the child, such as the right to child support and visitation.

There are two ways to challenge paternity in DuPage County:

• You can file a petition to deny paternity. This is a legal document that you file with the court. In your petition, you will need to state your reasons for challenging paternity. You may also need to provide evidence to support your claims.

• Filing a motion to reopen a paternity case. If you believe that there is new evidence that could change the outcome of a previous paternity case you can present it to the court.

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 Posted on August 21, 2023 in Divorce

You should be aware of the common types of hidden assets that your spouse may be trying to hide from you when going through a divorce. Hidden assets are assets that your spouse either does not disclose to you or that they intentionally keep secret from you.

Bank Accounts

One of the most common types of hidden assets is a secret bank account opened in your spouse's name or in the name of a fictitious person. They may also have made large deposits into the account in cash or by writing checks from another account that you do not know about.

Investments and Business Interests

Another commonly hidden asset is investing in stocks, bonds, or other securities that your spouse has not disclosed to you. They might have transferred assets into a trust or other entity that you do not know about. If your spouse owns a business, they may be trying to hide assets from you by transferring them to the business or by undervaluing the business.

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 Posted on August 15, 2023 in Divorce

The state of Illinois now only recognizes one ground for divorce - irreconcilable differences. Rather than needing to prove that your spouse has engaged in wrongdoing, you now simply need to show that you and your spouse have differences that cannot be reconciled. In most cases, the court will simply believe you and your spouse when you state that you have irreconcilable differences and you will not need to offer proof so long as you are in agreement. However, if your spouse decides to contest the divorce, you may need to offer some type of evidence or testimony suggesting that you are not able to reconcile and return to a happy marriage. Even in cases of contested divorce, courts rarely perform an in-depth inquiry into the breakdown of the marriage. Most spouses who try to prevent a divorce by seeking to show a possibility of reconciliation rarely if ever succeed, but may be able to delay your case. If you are concerned that your spouse may choose this course of action, you should begin speaking to an attorney as soon as possible. 

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 Posted on August 08, 2023 in Mediation

A majority of people who get divorced today use strategies like divorce mediation and attorney-facilitated negotiation to settle their divorces. Only a minority of divorce cases are now litigated. One of the earliest decisions you will need to make during the divorce process is whether you would like to try alternative dispute resolution or proceed directly to litigation. In most cases, resolving your divorce issues outside of court is faster and less costly. However, it only works if both parties are willing and able to participate in good faith. While you do not need to be amicable to succeed in mediation, mediation may not be an effective strategy if there is a very high degree of conflict in your case. You likely know your situation better than anyone else and may be in the best position to determine whether alternative dispute resolution is likely to be worth trying. An attorney can help you determine whether your case is one that may need to be litigated.

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 Posted on August 02, 2023 in Family Law

Parents are not always able to agree on key matters that relate to the children. There is a potentially helpful way to break a deadlock. A parenting coordinator can provide a means of resolving disputes that allow you to stay out of the court system. There is a new Supreme Court rule in Illinois that governs the appointment of a parenting coordinator in a family law case.

Parenting Coordinators Are Appointed When There Is a History of Disputes

Courts appoint parenting coordinators in high-conflict cases where one or both parents simply cannot work together. These parents may frequently end up in court, litigating about many matters involving the children. The court aims to take the matter out of the court system to the fullest extent possible. 

Parenting Coordinators Are Very Important in Your Case

When a court appoints a parenting coordinator, they give broad powers. The parenting coordinator can become involved in a number of disputes involving the children. They do not have power to decide disputes, but they can mediate between the parents upon request of the judge. In addition, the parenting coordinator can also document when a parent is not complying with the agreement, which can be the basis for a contempt of court charge. The parenting coordinator handles disputes within the confines of the existing custody agreement, but modifying the agreement is within the purview of the judge, 

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 Posted on July 31, 2023 in Child Custody

Not many spouses who are going through a divorce look forward to co-parenting with their ex-spouse. Odds are, you wanted to get divorced because you did not see eye to eye on many topics, parenting included. There is a reason it is so common for parents who are separating or getting divorced to want sole custody, known as sole parental responsibilities in Illinois.

It can be challenging to collaborate with your former spouse. However, in most cases, children benefit from a relationship with both of their parents. This more than likely means that you and your former spouse will need to work together for the good of your children. One way to set yourself up for success as co-parents is to develop a strong parenting plan.

A parenting plan can address a wide variety of topics related to your child’s upbringing, from which parent they will spend time with and when, to who should be in charge of making important healthcare decisions for the child. An attorney can help you develop a more complete understanding of what type of agreements should be included in your parenting plan.

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 Posted on July 27, 2023 in Divorce

In many ways, divorce is your opportunity to begin anew. You may not want to wait until your divorce is completely final before you jump back into the dating world. Many people wonder whether dating during a divorce will complicate their legal process. Dating during the divorce may not have legal consequences, but it could have practical implications.

Illinois Law Does Not Punish a Spouse for Marital Misconduct

Dating during a divorce could be considered "marital misconduct," even though you may think that it is innocuous. Technically, you are still legally married until the divorce is final. Even if a court were to view dating during a divorce as if it were infidelity, however, it would not affect the key issues of the marriage. Marital misconduct does not impact how property is divided, nor does it affect child support. From a legal standpoint, there would be no consequences for dating before your divorce is finalized unless you were spending large sums of marital assets on the person who you were dating.

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