5 Reasons You May Consider Signing a Postnuptial Agreement

 Posted on December 23,2019 in Divorce

In a previous blog post, we discussed some reasons that you may want to sign a prenuptial agreement before getting married. But what if you are already married? In these cases, you may consider a postnuptial agreement. However, you may be unsure of when this type of agreement is appropriate. There are some reasons that you may want to consider discussing this type of agreement with your spouse.

Why Should You Sign a Postnuptial Agreement?

Most everyone has heard of a prenup, and these types of agreements have become increasingly more common. However, as their name implies, prenuptial agreements can only be signed before getting married. For those who are already married, a postnuptial agreement can function in a similar fashion, and it can include decisions about a couple’s marriage and their potential divorce. A postnup can address the division of property and debt and the allocation of investments and retirement funds, and it can modify or eliminate a spouse’s right to receive alimony/spousal support.

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5 Reasons to Sign a Prenuptial Agreement

 Posted on December 18,2019 in Divorce

It might seem like a cynical thing to contemplate prior to your wedding, but before getting married, you should consider drafting and signing a prenuptial agreement. Prenuptial agreements, or “prenups,” are less of a way to imply doom and gloom for your future marriage and more of a smart method to prepare yourself for the worst-case scenario: divorce. Prenuptial agreements enable you to decide on many of the terms of your divorce at the start of your marriage—this includes division of property and division of debt; allocation of investments and retirement funds; and determination of alimony/spousal support.

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What Qualifies a Lawyer to Be a Guardian Ad Litem in Illinois?

 Posted on December 17,2019 in Child Custody

In a recent blog, we looked at what you should do if a guardian ad litem (GAL) gets assigned to your child custody case. However, you may be wondering what exactly qualifies these lawyers to be advocates for a child’s best interests? While many psychologists, social workers, and other professionals who work with children believe that lawyers are not the person who is most qualified to make a final report and assessment about a child’s best interests, it is worth noting that not just any lawyer can become a guardian ad litem—these attorneys must qualify through a rigorous process of training and vetting.

How a Lawyer Becomes a Guardian Ad Litem in Illinois

In 2006, Article IX of the Supreme Court Rules took effect in Illinois. One of this article’s primary goals was to enable greater focus on the best interests of the child in family law cases, and guidelines for guardians ad litem were subsequently developed. In Illinois, to qualify for a guardian ad litem role, a lawyer must do the following:

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A Guardian Ad Litem Has Been Assigned to My Child Custody Case – Now What?

 Posted on December 11,2019 in Child Custody

Divorce or family law cases involving child custody primarily focus on “the best interests of the child.” In particularly complex and contested child custody cases, such as ones involving very young children or allegations of abuse, one of the parents’ lawyers may request that a guardian ad litem (GAL) be appointed, or the judge may choose to assign one to the case. A GAL is a lawyer whose sole duty is to determine the best interests of the child through a home study, including interviews with the children, the parents, other family members, teachers, and any other relevant parties. At the conclusion of this investigation, the GAL will submit a report to the judge to help the judge make a more informed decision.

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What You Need to Know About Shared Parenting Time Bills in Illinois

 Posted on December 10,2019 in Child Custody

In our previous blog post, we focused primarily on what are considered the best interests of the child in child custody cases. The “best interests of the child standard” by which courts in Illinois make child custody determinations has been in the news in Illinois for the last few years due to fathers’ rights advocacy groups and other organizations that have been supporting new Illinois “shared parenting” bills.

Proposed Changes to Illinois Law

In 2017, HB4113 was filed with the Illinois General Assembly. This bill sought to change Illinois family laws to state that 50/50 shared parenting is presumed to be in the best interests of the child from the start of a child custody case. After much controversy and protest, that bill was not passed. However, in February 2109, State Representative La Shawn Ford (D-Chicago) sponsored a new equal parenting time bill: HB185. While many advocacy groups believe this new iteration will be a fair change to the law, other legal professionals are less optimistic. In fact, the Illinois State Bar Association is in opposition to the bill.

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How Are Children’s “Best Interests” Determined in a Family Law Case?

 Posted on December 04,2019 in Child Custody

In Illinois, child custody is referred to as the “allocation of parental responsibilities,” and divorce and family law cases will focus on the “best interests” of the child when determining how parents will share decision-making responsibility for their children. There are a variety of factors considered when making these important decisions, and they will often be dependent upon the particular dynamics between the child and the parents, making the final decisions quite subjective. Because of this, it can be difficult to predict exactly what will go into making a ruling. However, there are some specific elements of the best interests of the child that judges will consider thoroughly in these cases.

The Definition of “Best Interests”

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How Can I Protect Myself from Unwanted Marital Debt During Divorce?

 Posted on November 27,2019 in Divorce

During your divorce, you and your spouse will need to address the ownership of all the property and assets you own together, and this will also include dividing marital debts. As long as debt was incurred during the marriage, it is the responsibility of each spouse, and it must be divided equitably and fairly between the spouses.

What Types of Debts Are Considered Marital Debt?

In general, any debt incurred by either spouse during a marriage is considered to be marital debt. Such marital debt may include:

• Credit cards

• Loans

• Mortgages

One thing to note is that your lawyer might be able to make a convincing case that some debts which appear to be marital debts should not actually be your obligation, because they were taken on for the sole benefit of the other spouse. For example, if your ex-spouse made large credit card purchases while pursuing an extramarital affair, he or she may be solely responsible for these debts.

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What Is Equitable Division of Property in an Illinois Divorce?

 Posted on November 26,2019 in Divorce

As discussed in a previous blog, the division of property in a divorce is a complex and nuanced issue in Illinois. This is because, as with many states, property is not simply divided equally; by law, it must be divided “equitably.” In general, equitable distribution of assets is not a strict and simple process. Typically, the decisions are subjective depending on what the parties or the judge find to be fairest depending on the circumstances. The determination of what is “equitable” is based on a variety of factors.

What Is Considered “Equitable” in Illinois

As mentioned in the last post, only marital property can be divided in a divorce; that is, only property or other assets purchased or obtained during the marriage will be divided. As such, the equitable distribution of property refers only to marital property.

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How Are Cars Divided Between Spouses in an Illinois Divorce?

 Posted on November 22,2019 in Divorce

In the state of Illinois, the division of property between divorcing spouses includes any cars owned by the couple. How vehicles are divided is determined along with other property and assets during the divorce process. Many couples are able to work together to reach an agreement on how to divide assets, but if a settlement cannot be reached through negotiation, mediation, or collaborative law, the distribution of property between the spouses will be determined in court during a trial.

When deciding who will get which marital assets, the court will consider what is “equitable” rather than what is “equal.” This distinction, which is specific to Illinois and many other states, will be discussed further in our next blog post. Regarding cars in general, there are some guidelines to follow when dividing this type of property.

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Increasingly Common Causes of Divorce

 Posted on November 21,2019 in Divorce

While many of the typical reasons for divorce are longstanding and straightforward, there are some subtler causes that you and your spouse might not have been as attuned to in recent years. Due to new approaches toward marriage and divorce, nearly 50% of married couples may see their marriage end in divorce. Some of these trending causes of divorce include:

1. Level of interest in having children—For many years, having children was the logical and most common next step taken by a couple after getting married. These days, as evidenced by decreased birth rates, spouses are viewing having children as less of a necessity and more of a personal desire. If you want children, and your spouse does not, this could be a contributing factor to divorce.

2. Parental interference—If you or your spouse spend a large amount of time with your parents, this may reduce the amount of quality family time you spend with each other. Parents can also influence a spouse’s attitude or approach toward major life decisions in ways the other spouse does not agree with, which can lead to friction in the relationship.

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