Posted on December 27, 2024 in Prenuptial & Postnuptial Agreements

Prenuptial agreements are often misunderstood, with many common myths making people hesitant to consider them. However, these agreements are simply meant to outline how assets and debts would be divided in the event of divorce or death. Addressing these misconceptions can help couples understand the true significance of a prenuptial agreement. An Illinois family law attorney can help couples draft a fair and enforceable prenuptial agreement that protects their future.

Does Signing a Prenuptial Agreement Mean You Expect a Divorce?

One of the biggest misconceptions about prenuptial agreements is that signing one means you are already anticipating that your marriage will fail. In reality, a prenuptial agreement is about preparation, not expectation. It allows couples to start their marriage with financial transparency and security by:

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 Posted on December 23, 2024 in Child Custody

When parents share custody of their children, relocating to a new area can create significant challenges. For the non-relocating parent, a move can disrupt parenting time, impact their relationship with the child, and lead to logistical obstacles. However, state law gives non-relocating parents the right to object to a move and take steps to protect their custody arrangement. If you are facing a custody dispute involving a relocation, an experienced Illinois family law attorney can help you understand your parental rights and options.

What Are the Relocation Rules in Illinois?

Illinois law distinguishes the differences between regular moves and relocations. Under the Marriage and Dissolution of Marriage Act, a relocation occurs when a parent who has primary physical custody of the child wants to move:

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 Posted on December 18, 2024 in Alimony / Maintenance

Spousal maintenance, also known as alimony, provides financial stability after divorce– but what happens when one party remarries? Remarriage can significantly impact spousal maintenance agreements and raise many questions about termination or modification. Whether you are the recipient or the payer, it is essential to understand the implications that remarriage can have for your spousal support agreement. If you or your spouse will be getting remarried soon, an Illinois divorce attorney can help protect your rights and provide legal guidance.

What Happens if the Recipient Remarries?

In Illinois, when the recipient of spousal support gets remarried, the agreement is usually terminated. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), spousal maintenance automatically ends when the recipient remarries, unless the divorce decree specifies otherwise. 

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 Posted on December 16, 2024 in Property Division

Dividing property can be one of the most challenging aspects of a divorce. This is especially true when determining whether an inheritance should be considered marital property that must be divided. For many, this is a critical issue, as inheritances often hold both financial and sentimental value. 

Understanding how inheritances are treated in Illinois divorce cases and how to protect them can make a substantial difference in the outcome of your property division. An experienced Illinois family law attorney can guide you through this process and help ensure that your rights and assets are protected.

What Does Illinois Law Say About Inheritances and Marital Property?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs how property is classified and divided during a divorce. According to the IMDMA, inheritances received by one spouse are considered non-marital property, meaning they typically belong only to the recipient. This notion applies regardless of whether the inheritance is received before or during the marriage.

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 Posted on December 11, 2024 in Child Support

Child support is designed to provide children with the necessary financial support to meet their needs and maintain their well-being, even when their parents are no longer living together. While many may assume child support only covers basic needs like food and shelter, Illinois law recognizes that raising a child involves a wide range of expenses, such as healthcare, education, and extracurricular activities.

By understanding what child support includes, parents can effectively navigate family law issues and provide for their children. An experienced Illinois family law attorney can guide you through child support matters and help protect the well-being of your children.

What Basic Expenses Does Child Support Cover?

At its core, child support is intended to provide for a child’s essential needs. Under Illinois' Income Shares Model, child support is calculated based on both parents' incomes to determine an appropriate amount for necessities, including:

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 Posted on December 04, 2024 in Divorce

Filing taxes is a complex process that can become even more complicated during a divorce. Deciding whether to file jointly or separately is a critical factor that can have a significant impact on your finances. To make an informed decision, it is important to understand how IRS rules and state laws affect your tax filing status. An experienced Kane County, IL divorce attorney can provide guidance throughout this process to help ensure your financial and legal interests are protected.

What Does It Mean to File Taxes Jointly or Separately?

When you jointly file taxes, both spouses combine their income, deductions, and credits into a single tax return. This option is available if you are still legally married as of December 31 of the tax year.

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 Posted on November 29, 2024 in Divorce

Divorce agreements are designed to provide clear rules for parenting time, financial support, and other post-divorce arrangements. However, disputes may arise when an ex-spouse does not follow these court orders. Whether you are dealing with unpaid spousal support or denied visitation, understanding your legal options can help you effectively resolve the issue. An Illinois family law attorney can help you enforce court orders and protect your rights.

How Can You Enforce a Court Order in Illinois?

The legal system offers tactics to enforce compliance, with steps such as:

• Documenting the Violation: Keep records of missed payments, denied visitation dates, and other violations, as well as emails, texts, or other communications that can serve as evidence.

• Filing a Petition for Enforcement: This petition asks the court to enforce the order and may also include a demand for payment or schedule adjustments.

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 Posted on November 22, 2024 in Property Division

For business owners, protecting the future of their business is a critical personal matter. It represents years of hard work, sacrifices, and financial investments. However, during a divorce, the business could be considered a marital asset and may be subject to division. 

Whether a business is split or remains untouched can depend on factors such as when the business was established, each spouse’s role in it, and any existing protections. If you are concerned about what will happen to your business during your divorce, an Illinois family law attorney can offer personalized guidance to help you secure your hard-earned assets.

What Determines Whether a Business Is a Marital Asset?

In Illinois, marital property is any asset acquired by either spouse during a marriage, regardless of who holds the title. As a result, these assets are subject to equitable distribution in the event of a divorce. There are important distinctions to note when determining marital property:

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 Posted on November 20, 2024 in Divorce

After a long and stressful divorce process, reaching a divorce agreement can feel like a huge relief. However, issues may occur if one spouse fails to comply with the terms of the agreement, leaving the other with financial, legal, or emotional frustrations. If your ex-spouse is not following your divorce decree, there are several legal steps you can take to address the situation. A skilled Illinois family law attorney can help you enforce your divorce agreement and pursue options to protect your rights.

What Can You Do if Your Ex Refuses to Pay Child or Spousal Support?

When an ex-spouse fails to pay child or spousal support according to the divorce agreement, state laws provide several enforcement options, such as:

• Income Withholding Orders: The court can issue an income withholding order, which requires the ex-spouse's employer to remove support payments directly from their wages.

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 Posted on November 15, 2024 in Divorce Over 50

Divorce is never simple, but for people aged 50 or older who are ending a marriage, the challenges can be incredibly complex. Also known as "gray divorce", one of the most pressing concerns in these later-in-life divorces is the impact on retirement income. Decades of shared finances, long-term investments, and retirement planning now need to be carefully untangled. The stakes are high for those nearing or already in retirement, as a reduced retirement income can affect quality of life, healthcare options, and even the ability to maintain independence. An experienced Illinois divorce attorney can help ensure that your retirement income is accurately assessed and divided to create a stable post-divorce future. 

How Are Pensions Divided in a Gray Divorce?

In Illinois, pensions earned during a marriage are considered marital property and are subject to division in divorce. State laws follow an equitable distribution approach, meaning that retirement assets are divided fairly, but not necessarily equally. Factors like the length of the marriage, each spouse’s financial needs, and future earning ability are all considered.

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