Recent Blog Posts
Understanding Postnuptial Agreements in Dupage County
Posted on November 29,2022 in Postnuptial Agreements
Many couples make a prenuptial agreement that specifies provisions for a divorce before they are married. Premarital agreements can include a wide range of topics that can be discussed and agreed upon by both parties. Even though it is advised that every couple create a prenuptial agreement before getting married, many do not.
The good news for such couples is that postnuptial agreements are recognized under Illinois law as well. The same conditions and concerns covered by prenuptial agreements are also covered by postnuptial agreements. The main distinction is that the contract is signed after the couple has already been married.
What is a Postnuptial Agreement?
Postnuptial contracts are binding agreements. Similar to agreements made prior to marriage, the couple determines in advance how the couple's joint property and spousal support would be handled in the event of a divorce. These agreements avoid court entanglement while sparing the couple the financial anguish of a contentious divorce. Postnuptial agreements can also make it simpler to decide what belongs to each party separately and what is marital property.
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What To Know About Collaborative Divorce in Wheaton, IL
Posted on November 22,2022 in DuPage County Divorce Attorneys
Collaborative divorce in Illinois aims to support those who choose to leave their marriage while preserving their family. With a collaborative divorce, disputes are resolved outside of court by cooperatively negotiating fair settlements between the parties and their lawyers. Instead of contentious negotiations and solutions enforced by the court, the emphasis is on constructive problem resolution based on the unique and common values of divorcing couples.
More and more divorce cases in Illinois are being handled collaboratively, particularly since the Illinois Collaborative Process Act was adopted in 2018. At the Andrew Cores Family Law Group, our collaborative divorce lawyers have the experience to help you resolve your divorce without using an adversarial litigation process.
Because the parties agree not to litigate, a collaborative divorce could be more affordable than a typical divorce. If the collaborative procedure is unsuccessful, both attorneys are required to resign from your case. This is confirmed in a signed agreement by the attorneys and both parties. Because it allows for more innovative solutions to a family's challenges, the collaborative procedure could also take less time than a trial.
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Two Factors that Contribute to a Complex Divorce in Wheaton, IL
Posted on November 21,2022 in DuPage County Divorce Attorneys
A divorce is already a complex event in a person’s life. Depending on your situation, you can have an amicable and relatively simple divorce arrangement, or you can have a more complex divorce process such as one where high assets and disputed child-related issues are involved.
At the Andrew Cores Family Law Group, we understand how difficult a complex divorce can be for our clients and we work hard to ensure their rights and interests are protected. Our divorce attorneys have the resources and the experience you need to achieve a favorable outcome, no matter how complex your divorce may be.
High Asset Divorces
Dividing marital assets during the divorce process is never easy, but it becomes even more contentious and challenging when wealthy couples attempt to divide their assets equally after their marriage.
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How to Value Your Business During a Divorce in Wheaton, IL
Posted on November 15,2022 in Division of Assets
Considerations about money and property are frequently among the most challenging aspects of divorce. Depending on the contents of your marital estate, dividing your assets can be both very complicated and profoundly emotional.
At the Andrew Cores Family Law Group, we are aware of how challenging divorces may be when a company or professional practice is considered to be a component of the marital estate. If you are getting divorced, it is important to understand the process of business valuation and your rights to your marital assets.
Three Ways to Value Your Business During a Divorce
There is no one-size-fits-all method for valuing a business during a divorce, and an experienced lawyer and forensic accountant will often select one of the following three approaches:
What You Need to Know About Prenuptial Agreements in Wheaton, IL
Posted on November 10,2022 in Prenuptial Agreement in Illinois
It is smart to think about the advantages of a prenuptial agreement if you are getting married or considering asking your significant other to marry you. Contrary to common misconception, signing a "prenup" is not only a way to "get ready for divorce," and in many circumstances, having an established agreement throughout a marriage will be advantageous for both parties.
Without the help of an experienced attorney, it can be challenging to secure the legitimacy of a prenuptial agreement because the rules governing them are continuously changing. Our attorneys at the Andrew Cores Family Law Group keep up with case law developments and adapt any new knowledge to the issues and circumstances of our clients. We will help you ensure that your prenuptial agreement complies with all current legislation to avoid having it declared void.
What Can a Prenuptial Agreement Cover?
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Four Kinds of Alimony to Consider During a Divorce in Dupage County
Posted on November 08,2022 in alimony
In the state of Illinois, the law calls alimony “spousal maintenance” and it could potentially be long-term if the receiving spouse is unable to make a living or if the marriage was also long-term. Despite whether or not someone feels they should have to support their spouse financially, a judge will apply the law and both parties will have to follow the guidelines in the law.
It is possible for a couple to get divorced without involving spousal maintenance, but if a judge orders it in their particular divorce case, alimony must be a part of the conversation regarding finances during the divorce process. Because it could be a requirement in divorce proceedings, it is important to understand the four kinds of alimony.
Temporary Alimony
A spouse who is granted temporary alimony (otherwise known as "temporary maintenance") receives money while the divorce is still proceeding. Temporary alimony is typically granted in situations when the couple has made the decision to live apart, or when the receiving spouse does not have the ability to pay for their own cost of living and attorneys’ fees, and is meant to fund the recipient's living costs throughout the divorce. While it is possible to file a request later on during the divorce process, a spouse who wants temporary alimony should include the request in his or her divorce petition. Once the divorce is finalized, all interim alimony payments cease.
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Three Things to Consider for High Asset Divorce In Wheaton, IL
Posted on October 28,2022 in DuPage County Divorce Attorneys
Dividing marital assets is always a difficult aspect of divorce, but it gets even more acrimonious and difficult when couples with high net worths try to share their assets evenly after their marriage.
If you are a part of a high-asset divorce, you need an attorney who will pay attention to your worries, assess your case, and clarify these three challenging problems while giving you advice on what makes sense in your particular circumstance.
Division of Assets in High Asset Divorce
The division of assets is a crucial factor in any divorce, but it is especially vital in a high-asset divorce. Spouses may negotiate a division of assets that leaves each party with assets of relatively equal worth. One partner may, for instance, receive the majority of the stock and liquid assets, while the other may receive the majority of the real estate or retirement benefits. The necessity for spousal maintenance payments might be reduced or even eliminated in some situations if significant real estate and assets are divided. Spousal support may be the key issue in other situations with extremely high incomes.
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What to Know About Your Retirement Accounts During a Divorce in DuPage County
Posted on October 25,2022 in Marital Property
You put a lot of effort into earning your money and carefully planned for your future, including retirement. Unfortunately, a divorce can derail such goals. Knowing how your divorce may impact your retirement accounts is the first step in safeguarding them.
The experienced attorneys at Andrew Cores Family Law Group will assist you in getting your future back on track while safeguarding your retirement accounts and settling difficult issues with your spouse.
Dividing Retirement Accounts
According to Illinois law, the percentage of your retirement and investment accounts that you accumulated during marriage may be split between spouses in a divorce, including:
Basics and Benefits of Divorce Mediation in Wheaton, IL
Posted on October 21,2022 in Mediation
Mediation can save a lot of time, money, and worry when it comes to your family law issues, including divorce. Because private mediation occurs outside the purview of the court system, it typically benefits everyone involved and assists in maintaining a more peaceful family life, which is particularly advantageous for any children involved.
Our mediators can help you mediate your divorce or another family law issue. With our experience dealing in these manners, we can help you navigate the procedure in hopes of meeting the requirements of both parties.
Divorce Mediation Basics
A mediator is typically not an attorney. Therefore, as will be stated during your initial mediation session, he or she is impartial to the interests of both parties. This means that they cannot and will not offer legal counsel to any side throughout the process of discussions.
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Understand Your Rights as a Grandparent in DuPage County
Posted on October 11,2022 in Family Law
The state of Illinois has acknowledged that grandparents frequently play a significant part in a child's life. If you are a grandparent, you may have questions and concerns about your rights. Can I get custody of my grandchild? What if my grandchild’s parents will not allow me to see him or her? Can I get visitation rights? The rights of grandparents can be complicated and difficult to understand. A family law attorney can help.
Are You Entitled to Grandparent’s Visitation?
Illinois grandparents may, however, have a legal right to see their grandchildren, especially if the parents are divorced.
In general, the choice of who can spend time with a child belongs to their parents. However, if a child is at least one year old, a non-parent may be able to get a court order compelling the parents to allow them to spend time with the child.
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