How to Pick the Right Divorce Attorney

 Posted on October 25, 2012 in Divorce

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The Perils of Social Media during Divorce

 Posted on October 22, 2012 in Alimony / Maintenance

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Premarital or “Prenuptial” Agreement Enforcement in Illinois Divorce Cases

 Posted on October 19, 2012 in Divorce

Premarital agreements are also called prenuptial agreements (“prenups”) and sometimes called antenuptial agreements. The terms are the same. A premarital agreement is a written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and states what each person's property rights will be after they marry both in the event of divorce or death. Under the Illinois Uniform Premarital Agreement Act, a prenuptial agreement must be in writing. A prenuptial agreement is also enforceable without consideration, meaning there does not necessarily have to be a mutual exchange of benefits or detriments for the agreement to be enforceable. A premarital agreement takes effect once the marriage is formalized. Once the marriage has occurred, the agreement can only be modified or revoked in writing with the consent of both parties. In a premarital agreement in Illinois, spouses can cover just about any subject matter that is not criminal, does not adversely affect public policy and is not detrimental to their children's right to support. The specific subject matters authorized by Illinois include rights and obligations regarding any and all property acquired by either spouse at any time; disposition of such property upon separation, divorce, death or any other event; and wills, trusts and the choice of law used to construe the agreement. A premarital agreement is not enforceable in Illinois if it was not executed voluntarily or was unconscionable at the time of execution and the disadvantaged party did not have adequate and reasonable knowledge of the other party's property and obligations, did receive a reasonable disclosure of the party's property and obligations and did not waive the right to receive such disclosure. Unconscionability is gross unfairness of terms coupled with lack of a meaningful alternative. A provision modifying or eliminating spousal support that causes undue burden because of circumstances unforeseeable at the time of the execution of the agreement is not enforceable. If you are planning to marry and feel a premarital agreement may be in your best interest, make sure you have a skilled attorney on your side. Our Illinois divorce attorneys can provide you with legal help with compassion and years of experience. Contact our dedicated divorce and family law attorneys today.

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Professional Help in Illinois Child Custody Disputes Imperative for Success

 Posted on October 16, 2012 in Child Custody

Child custody is often the most emotional and difficult issue to deal with in a divorce action. A number of decisions have to be made and incorporated in the Illinois court’s final order, including, but not limited to, the following:

• Conservatorship (Joint Managing Conservator or Sole Managing and Possessory Conservator)
• Parental rights and duties concerning the children, such as who will make decisions related to education and invasive medical procedures, and if there will be a geographical restriction as to where the child/children may reside;

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Property Division in Illinois Decided on a Case-By-Case Basis

 Posted on October 14, 2012 in Divorce

Unlike some other states, Illinois is not a community property state. Money or property acquired during the course of the marriage is presumed to belong to the marriage and, as such, is subject to an equitable division upon divorce. What is "equitable" is decided on a case-by-case basis. Some examples of the property that is divided in a divorce include homes, automobiles, household furniture and furnishings, bank accounts, pensions and retirement plans, stocks and stock options, businesses and business interests, and even frequent flier miles! In dividing marital property, the Illinois Marriage and Dissolution of Marriage Act requires that the Judge consider the following factors:

1. The contribution of each party to the acquisition, preservations, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit.

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Voluntary Sharing of Personal Lives Result in Secrets Being Uncovered

 Posted on October 10, 2012 in Social Media

US Politics Today has revealed what many of us have known all along about one potential destination for social media: the constant status updates and sharing of information has hit the court house. Social media websites have proven invaluable when seeking information some individuals want to keep secret from ex-spouses and legal representation of exes. Family law cases have shown an increase in the number of instances where social media postings and behavior is called into question in the court arena. People are not always prudent in the things that they say, post and share on social media outlets. The usage of the info gathered from social media sites has been especially useful in family law. Among the cases aided by this wealth of information are:

• A child support dodger from another state was located in a different state where his income was proven to be more than sufficient to pay his back child support

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Basics of Spousal Maintenance

 Posted on October 07, 2012 in Alimony / Maintenance

Maintenance, formerly known as alimony, is not mandatory in Illinois like child support is. There is no guarantee when you are going through a divorce that you will either have to pay or receive maintenance. The Illinois statute that governs  that maintenance is 750 ILCS 5/504 (from Ch. 40, par. 504). The law states that maintenance may be granted "...without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors..." The court considers the following factors when deciding what, if any, maintenance will be granted according to the following:  

1. The income and property of each party.

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