Posted on January 14, 2022 in Prenuptial & Postnuptial Agreements

Throughout the past 100 years, the way we think of marriage and divorce has changed dramatically. Divorce was once seen as a taboo. People stayed in unhappy or even abusive marriages indefinitely – even when doing so harmed them or their children. Fortunately, things have changed. As divorce becomes more accepted in society, many married couples are choosing to use prenuptial agreements and postnuptial agreements to protect their financial interests in the event that the marriage does end in divorce. Read on to learn about the potential benefits of a postnuptial agreement, when a postnup is appropriate, and how you can get help with creating a postnuptial agreement.

Protecting Financial Interests and Planning for the Future

Postnuptial agreements are virtually the same thing as prenuptial agreements, the agreement is just signed after the couple is married. There are countless reasons a couple may choose to sign a postnup. Often, couples choose to sign a postnuptial agreement because they have accumulated significant assets or debts that they want included or excluded from the marital estate. A postnuptial agreement is also a useful tool when a married person has children from a previous relationship. If you have a blended family and you want to ensure your children receive certain assets when you pass away, a postnuptial agreement can help you accomplish this goal.

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 Posted on January 10, 2022 in Family Law

Divorced parents often struggle to communicate about their child’s schedule and needs. It can be hard to coordinate parenting duties with an ex – especially if you are not on good terms with that person. Fortunately, modern technology has many different solutions for parents in this predicament. Using smartphone and computer applications is a great way to keep track of your parenting time schedule, coordinate drop-offs and pick-ups, and record child-related information.

Joint Online Calendars Can Help Ensure Parents Are On the Same Page

Smartphones have changed nearly every aspect of our lives. More and more parents are throwing out paper calendars and address books in favor of digital applications on their phones, tablets, or personal computer. Google Calendar, iCloud Calendar, and Microsoft Outlook Calendar are some of the most popular digital calendars available today. Parents can create shared calendars that may be viewed or edited by either parent in real-time. This can help eliminate confusion about school events, birthday parties, changes to the parenting time schedule, and more.

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 Posted on January 07, 2022 in Divorce

Marriage is about much more than money. However, managing financial issues is often a huge aspect of the marital relationship. Consequently, finances are also a massive consideration in a divorce case. In Illinois, divorcing spouses are required to disclose all assets and income. Unfortunately, many spouses try to gain an unfair advantage by hiding assets. Read on to learn about some of the red flags of hidden assets in divorce and what you should do if you suspect your spouse is lying about property or money in your divorce.

Your Spouse Keeps You in the Dark About Finances

In many marriages, one spouse handles financial issues like investments and paying the bills while the other spouse handles other concerns. Unfortunately, this division of labor can backfire during divorce. If your spouse hides financial documents, changes passwords on online bank accounts, or intentionally keeps you in the dark about finances, this may be a sign he or she is hiding something.

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 Posted on December 30, 2021 in Children and Divorce

When a child’s parents are no longer in a relationship with each other, including when married parents get divorced or when unmarried parents have broken up, both parents will often wish to maintain a close relationship with the child. In many cases, parents will share in the allocation of parental responsibilities (commonly known as legal custody), and each parent will have regular parenting time (sometimes referred to as visitation). However, there may be some situations where one parent believes that it would be best for a child not to have a relationship with the other parent. In these cases, parents will need to understand how the law addresses restrictions on parenting time. When addressing these matters in court, a parent will need to show why their wishes regarding parenting time would be in their child’s best interests.

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 Posted on December 22, 2021 in Property Division

When a couple chooses to end their marriage, they will need to address a variety of issues during the divorce process. Foremost among these is the division of marital property. All assets and debts that a couple owns together must be divided fairly and equitably. In addition to marital property, each spouse will likely have certain assets that are considered separate property, including items they owned before getting married, assets received through inheritances, and property excluded from the marital estate by a prenuptial or postnuptial agreement. Separate property will not be divided between spouses, and each party will be able to retain ownership of the assets they originally possessed. However, there are many situations where marital and separate property may become mixed together or “commingled.” By understanding how to identify marital and separate property and determine how ownership of commingled property will be handled, spouses can ensure that property division will be addressed correctly during their divorce.

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 Posted on December 17, 2021 in Paternity

When a child’s parents are married, there is usually no question about the identity of the child’s father, and both parents will have the legal rights and obligations that come with parenthood. However, when a child is born to unmarried parents, additional steps will need to be taken to legally establish paternity. In many cases, this is done by signing a Voluntary Acknowledgment of Paternity (VAP) form. When doing so, parents will need to understand their rights and requirements, and they may also need to address other related legal issues.

Issues That May Affect a Voluntary Acknowledgment of Paternity

Until paternity is established, a father may not be recognized as a child’s legal parent. If the parents are in agreement that a man is the child’s biological father, they can sign and submit a VAP form together. This form may be provided at the hospital where a child is born, but it is also available from other state and local government offices, such as a county clerk, and it may be signed at any time after a child is born. After a father is recognized as a legal parent, he will have the right to share in child custody and parenting time, and he will have an obligation to provide child support.

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 Posted on December 15, 2021 in Prenuptial & Postnuptial Agreements

For many married couples, a prenuptial agreement can provide a sense of security, ensuring that they will be able to avoid uncertainty and minimize conflict in the case of a divorce. By using a prenup to make decisions about issues such as property division and spousal maintenance ahead of time, spouses can protect their financial interests and make sure they will each be able to move forward successfully following the end of their relationship. However, there are some cases where a prenuptial agreement may be challenged by one party. While these challenges may be based on a variety of factors, one common reason a spouse may believe that a prenup should not be enforced is that it is unfair. By understanding when this type of challenge may be made, spouses can determine the best ways to approach these situations.

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 Posted on December 10, 2021 in Child Support

Parents have the obligation to provide financial support for their children. To ensure that children will have the resources that will fully address their ongoing needs, child support will usually be ordered in cases where married parents choose to divorce or when unmarried parents are separated. In many of these cases, one parent will have primary physical custody, meaning that children will live with them the majority of the time, and this parent will usually receive child support payments from the other parent. However, there are some situations where parents may have equal or 50/50 custody, and determining the parents’ child support obligations in these cases can be more complex.

Child Support and Shared Physical Care

In Illinois, child support obligations are calculated by taking the income earned by both parents into account. These obligations are determined by considering the amount that married parents would usually be expected to spend on child-related expenses. The state of Illinois uses tables that detail the appropriate amount of support based on parents’ combined income and their number of children.

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 Posted on December 03, 2021 in Divorce

A divorce will affect spouses in multiple ways, and they will need to address a wide variety of issues as they make sure they will be able to move forward successfully and establish new lives separate from each other. However, a person who relies on their spouse to provide for their family’s financial needs may be concerned about their ability to provide for themselves following their divorce. This can be a significant concern for stay-at-home parents, since a person who does not work outside the home may worry that they will need to seek employment and make arrangements for childcare. In some cases, these issues may be addressed through spousal maintenance (also known as alimony) in which one spouse will pay financial support to the other following the couple’s divorce.

Eligibility for Spousal Maintenance

Following a divorce, both spouses should be able to maintain their standard of living. While spouses will need to make some adjustments, they should each be able to continue living in a way that they were used to while they were married. Divorcing parents will want to avoid upending their children’s lives and making major changes that could affect children’s emotional health and their ability to succeed in school or live comfortably at home. To avoid these types of disruptions, a stay-at-home parent should be able to continue serving in this role after ending their marriage.

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 Posted on November 30, 2021 in Cohabitation

Couples who are in a long-term relationship will usually choose to get married. However, there are many couples who live together, share income and expenses, have children, and enjoy the same type of relationship as a married couple without uniting together in a legal partnership. Couples may choose to do so because they do not see the need for a religious wedding ceremony, because they wish to maintain some independence, or for a variety of other reasons. A couple that wishes to remain unmarried will need to understand how this will affect their rights and responsibilities, including how matters will be handled if they choose to break up in the future. Those who are looking to protect their rights and interests may want to consult with a family law attorney to address these issues.

Rights of Partners in a Breakup or a Divorce

Some states recognize common-law marriage, and if a couple lives together for a certain amount of time, they will be considered to be legally married. However, Illinois is not one of those states, and unmarried couples will not be afforded the same rights as married spouses. This means that if an unmarried couple ends their relationship, issues may be addressed differently than they would during a married couple’s divorce.

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