Posted on December 15, 2022 in Divorce

When a married couple with children decides to pursue a divorce, it can affect everything and everyone around them. But unfortunately, there are situations where the only thing stopping a couple from divorcing is fear of the unknown and the various emotional and financial consequences that result from a divorce. Or in other cases, parents may be afraid of how a divorce will affect their children. 

When a divorcing couple has children, there is much to figure out. Luckily, according to Illinois state law, the allocation of parental responsibilities is to be shared equally among the parents of children unless there is a good reason to do otherwise. However, there are things every father ought to know if he is getting a divorce in Illinois. If you are a father getting a divorce in Illinois, consider contacting a knowledgeable attorney who is passionate about defending fathers’ rights in Illinois divorce cases. 

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 Posted on December 13, 2022 in Family Law

Prenuptial agreements are becoming increasingly popular among engaged couples of all ages. Prenuptial agreements can protect both spouses’ financial interests in the event of divorce or the death of a spouse. They also represent an important opportunity for engaged couples to discuss financial plans and expectations before they walk down the aisle. In a country where financial problems are consistently cited as a top cause of divorce, financial transparency is crucial to building a strong marriage.

However, prenuptial agreements must meet certain criteria to be legally binding. If a prenup does not meet these requirements, it may be completely useless during a divorce.

Requirements for Prenuptial Agreements in Illinois

Prenuptial agreements and postnuptial agreements are legal contracts. As with any contract, they must meet certain standards to be legally enforceable. In Illinois, part of all of a prenuptial agreement may be thrown out if these standards are not met.

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 Posted on December 08, 2022 in Divorce

It is well known that getting a divorce can be one of the most challenging things anyone will ever have to do. The dissolution of a marriage can be a sorrowful time and also a scary time, since you may be unsure of what your future will hold. Divorces tend to bring forth strong emotions in people. While this is understandable, it is critical that you do not fall victim to common mistakes people can make during the divorce process.

The worst mistake someone can make when getting divorced is not hiring an experienced divorce attorney. Your divorce attorney will inform you of your rights while making sure that your rights remain protected. An attorney will also work with you to help pursue a positive outcome in your case. This blog will delve deeper into common mistakes people make during divorce proceedings.

Mistakes People Make During Divorce

Aside from not hiring an attorney, there are various other mistakes people often make during divorce. These mistakes may include the following:

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 Posted on December 01, 2022 in Family Law

Getting a divorce is rarely an easy or stress-free process. This is even truer when children are involved. Often, the spouse responsible for caring for the child for the greatest amount of time is eligible to receive child support payments. These payments are used to help pay for the various expenses related to raising a child, including clothing, food, medical care, schooling, and after-school activities. 

In Illinois, the court and the Illinois Department of Children and Family Services may issue orders requiring a parent to make support payments. However, this does not mean the parent always obeys. Failure to receive child support payments can be exceptionally frustrating and even frightening for the parent relying on it. Luckily, you can take steps to ensure your ex-spouse is forced to pay child support. If your ex-spouse fails to pay child support, contact an attorney to ensure that your ex will be required to pay. 

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 Posted on November 21, 2022 in Family Law

It is often said there is no more extraordinary gift than starting a family. Unfortunately, for so many families, fertility is not easy as it is for other couples. As a result, couples may find themselves looking for outside assistance when it comes to having a baby. There are few kinder acts than a woman donating her eggs to a couple looking to start a family. 

If you are interested in donating your eggs or you are interested in seeking an egg donation from someone else, it is essential to understand what the process entails. The egg donation process can be a complex one, bonded by something called an egg donor agreement. Consult with an experienced attorney who is knowledgeable in the area of egg donation and egg donation agreements. The attorney will ensure the rights of all parties involved in the process remain protected and that the process is as smooth as possible. 

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 Posted on November 11, 2022 in Divorce

The dissolution of a marriage can be one of the most trying experiences of someone’s life. When facing a divorce, there is so much to figure out; many areas can become contentious. Unfortunately, an area where things can get the most aggressive is when it comes time to divide your marital property.  

If you and your spouse are pursuing a divorce, consider conferring with a knowledgeable attorney with experience in working with divorce cases. Remember, in divorce proceedings you want to put yourself in the greatest position possible to achieve a favorable outcome for yourself. This starts with hiring an attorney to represent you and protect your rights. 

Equitable Distribution of Marital Property 

Many believe that splitting up marital property is as easy as splitting everything down the middle 50-50. This could not be farther from the truth. Under Illinois state law, the court adheres to an equitable distribution model when it is time to divide the marital property. Equitable distribution means that the splitting of property is to be fair and reasonable, which is different from an equal split. 

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 Posted on November 08, 2022 in Divorce

The process of divorce can be a long, complex, and arduous process. It is not uncommon to feel incredibly relieved once the whole process is over. However, people's lives and needs can change drastically as the years pass. You may wonder, is it possible to change the terms of your divorce years after it took place?

In the months and years following your divorce, different situations may arise that require your divorce decree to be altered or modified. For your divorce decree to be changed, court approval must be given. If you are looking to modify your divorce decree, consult with a knowledgeable divorce attorney who understands the modification process and can assist you in making any changes you feel are necessary. 

Divorce Decree Modifications

Under Illinois law, former spouses can seek to modify their divorce terms by agreement with each other or through a court order. Notably, not all decisions made during a divorce are eligible to be changed once the divorce is completed. For example, the division of marital property is final and cannot be modified once the divorce is finalized. However, there are terms of your divorce decree that can be changed. This includes: 

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 Posted on October 26, 2022 in Divorce

No matter the circumstances surrounding a divorce, the process is often riddled with overwhelming feelings of heartbreak, loss, and fear of the future. In addition, divorce proceedings can be complicated if a spouse has a mental illness or is battling a substance abuse problem. In cases where one or both of these factors are at play, securing legal representation from a skilled Illinois family law attorney who understands how to navigate a rocky divorce can be invaluable in ensuring your concerns are heard and your rights are protected.

Addiction and Mental Health Issues in a Divorce

In today's society, we are becoming more cognizant of how prevalent mental health and addiction issues are for many people. Mental health conditions such as depression, bipolar disorder, borderline personality disorder, and substance abuse issues with drugs or alcohol can, unfortunately, be significant reasons why a marriage ends up deteriorating. To get divorced, it is not required to demonstrate why the marriage failed. Under Illinois law, "irreconcilable differences" is when the court determines that attempts at reconciliation between spouses have failed and that any future attempts would also likely fail, which is a sufficient reason to divorce.

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 Posted on October 19, 2022 in Divorce

As is often the case, divorce can be a long and challenging procedure riddled with heartbreak, anger, and resentment toward your estranged spouse. An area that can become highly contentious during divorce proceedings is if there are considerable assets involved. The dividing of these assets can certainly be emotionally strenuous. If high value assets are relevant to your divorce case, there are several practical and monetary concerns that both spouses will need to be aware of. Much can be at stake in a high-asset divorce, and to make sure your rights are protected, contacting a knowledgeable Illinois divorce attorney can make all the difference. 

Legal Matters in High Asset Divorces

When dividing property between spouses who are getting divorced, the state of Illinois engages in the principle of “equitable distribution.” This means the marital property does not need to be cut exactly in half between the divorcing parties. Instead, equitable distribution means that each spouse is supposed to receive a reasonable and rightful portion of the marital property owned by the couple. 

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 Posted on October 12, 2022 in Child Custody

If you and your partner have already decided to pursue a divorce, you have begun what can become a long, complicated, and intimidating process. It should be no surprise that things can quickly become contentious when children are involved in divorce cases, as they often are. 

Every parent wants the best for their child. But unfortunately, the truth is that divorce can often be the hardest on the children involved. To ensure that your child's best interests are kept at the forefront of all the decisions you and your ex-spouse make, consider contacting an experienced family law attorney with extensive experience in helping clients determine the proper allocation of parental responsibilities.

Illinois Law Concerning Parental Responsibility and What It Entails

Throughout a divorce case, when children are involved, they are typically highly affected by whatever decisions are made between their parents. Under Illinois law, the court will allocate parental responsibilities to correspond with whatever the child's best interests are - unless the parents can agree between themselves,  in writing, about what the allocation of significant decision-making responsibilities will be. Nothing in the law states that parental decision-making will be automatically granted to each parent. 

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