Posted on November 11, 2020 in Prenuptial & Postnuptial Agreements

Many people are familiar with prenuptial agreements—or prenups—and the pros and cons associated with them. However, what most do not know is that they can actually be quite complex and address much more than standard asset division. They are also not as ironclad as popular culture paints them to be. It is imperative that before you enter into a prenuptial agreement, you have a good understanding of exactly how they work.

What to Include and Leave Out

Among the primary reasons that couples choose to enter into a prenup are to protect one spouse from the consequences of the other’s debt, or to ensure that provisions are made for the children of a previous marriage. Inheritance laws in most states do not differentiate between the children of a current marriage or a previous relationship, so if there was a promise to, for example, save a personal item for a child of one’s first marriage, it can be advantageous to note that in a prenup. Prenuptial agreements are legally binding, unless it can be proved that the agreement is unenforceable.

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 Posted on November 09, 2020 in Property Division

Most of the decisions you make during your divorce can and probably will affect you for the rest of your life, but one of the most important decisions you and your spouse must come to is how you will divide your marital estate. For many couples, this can be an emotional and highly contentious process because of the importance placed on their belongings and the need to have financial security after the divorce process has been completed. The way marital property is divided can affect a person’s financial stability or even their ability to retire later in life. With so much at stake, Illinois courts urge couples to try to come to an agreement on their own about property division, though, if they cannot, they will have to take the issue to court.

Factors for Consideration

If a couple is unable to reach an agreement about how their marital estate will be divided, they will have to appear before a judge so that he or she can make a determination for them. If this happens, the judge will only make decisions about marital property, which means most property that was acquired after the couple was legally married but before a judgment of legal separation was entered. The judge will consider a variety of factors, including:

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 Posted on November 04, 2020 in Divorce and Finances

Apart from acknowledging how much will be needed for rent and basic monthly expenses after a divorce, it is all too easy, and common, for divorcing couples to find themselves shelving the financial aspect of the split until after the process is finalized. When you consider the emotional toll of the end of a marriage and additional stressors such as parenting plan arrangements, a potential relocation, and maybe even a new partner for one or both parties, money is often one of the last things couples wish to think about. This can be especially harmful for those who have very limited funds to begin with, or for those who have little to no employment options when the marriage unravels.

The Importance of a Financial Game Plan

No matter how much or how little money you have to work with, the lack of a financial game plan can result in a divorce that does not turn out in your favor. For example, if you and your spouse were already in serious debt prior to the separation, those debts may only get worse and become more unmanageable if they are ignored. As overwhelmed as you may already be, avoidance is never the answer where your financial well-being is concerned, especially when you are about to experience a significant shift in income and overall lifestyle due to the split.

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 Posted on October 26, 2020 in Divorce

The amount of mental energy couples must expend on the divorce process is often overwhelming, no matter how smoothly the transition unfolds. Divorce scenarios are, in most cases, a mixed bag of events. Some couples sail through the process with mutual respect and civilized interaction, only to discover emotional landmines when they reach the finish line, while other couples struggle with the split from the get-go. Matters can be especially difficult when one spouse refuses to cooperate altogether, leaving the other spouse with all the work and twice the weight in emotional stress.

What Can You Do When Your Spouse Will Not Cooperate?

There are a number of ways someone’s behavior can change throughout a divorce. Sometimes, the change is so drastic, the person becomes nearly unrecognizable to their partner. Some individuals regress, and their behavior can turn so ugly that the divorce becomes flat-out toxic. Even if your divorce has not gone quite to that extreme, you may see a side of your spouse you never knew existed. Experts indicate that people often react differently under severe divorce stress, typically out of self-preservation, which can manifest in many ways including anger or isolation.

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 Posted on October 22, 2020 in Divorce

Whether you have seen your divorce coming for some time or the realization of your unraveling marriage has taken you by surprise, telling your children, extended family, and acquaintances that your marriage is over is never a pleasant experience. It is not uncommon for friends and family to feel a sense of loss themselves, as they too grew familiar and comfortable seeing you and your spouse together, often over a period of many months or years. Children in the family can take divorce especially hard, making the duty of breaking the news to the kids infinitely more difficult for parents.

Communication is Key

Some divorcing couples make a mutual agreement to tell the children together, while others make arrangements to delegate the “talk” to one parent. Some couples never even have the chance to discuss who will speak to the children about the split because of the conflict and tension surrounding the end of the relationship. Whatever your personal circumstances, consider the following as you tell your kids, friends, and family that you and your spouse are going your separate ways:

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 Posted on October 20, 2020 in Children and Divorce

Sometimes, parents prove unwilling or unable to take care of their children. In these scenarios, there are several options for the children to receive care, but one that is becoming increasingly common is for a grandparent or grandparents to step in. According to official state estimates, there are more than 100,000 grandparents raising their grandchildren in Illinois. If you are in a position where you may decide to raise your grandchildren, there is a process to follow to ensure everything is legally sound.

Obtaining Physical Custody and Parental Responsibilities

There are several different options for grandparents to obtain physical custody of their grandchildren and decision-making authority regarding their well-being. The one that is most commonly used is to bring an action for parental responsibility under 750 ILCS 5/601.2, which is part of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). There are two scenarios under this law in which a grandparent could conceivably obtain physical custody. The first is if the child is not in the physical custody of their parents—for example, if the parents are both deceased, or if one or both parents voluntarily abandoned the child. The second is if one parent is deceased and the other is missing or incarcerated. If either of these applies to your family situation, the IMDMA is likely the best law under which to bring your petition.

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 Posted on October 15, 2020 in Paternity

Any time parents have a child and are not legally married, they have a number of issues to address when it comes to the child’s rights and future. Establishing legal paternity in the state of Illinois is one of the first and most critical steps. Doing so is important for a number of reasons, particularly because it allows parents to protect their children and their own rights as a parent. Without legal paternity, a father’s rights are especially at risk.

How Legal Paternity Can Benefit You and Your Child

While there are other ways to establish legal paternity in Illinois, the easiest way is for both parents to sign a Voluntary Acknowledgement of Paternity, also called a VAP. This is typically done right at the hospital, as soon as the child is born. If one or both parents are unavailable at the time of birth to sign the form, however, the VAP can be completed and submitted on a later date. In cases where there is apprehension or doubt about signing a VAP, paternity can also be established by means of an Administrative Paternity Order from the Illinois Department of Healthcare and Family Services or an Order of Paternity issued by a judge.

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 Posted on October 12, 2020 in Child Custody

There is a long-standing debate among psychologists and in divorce courts as to a specific definition of the term “parental alienation syndrome”. While child psychologists have been discussing parental alienation syndrome for over three decades, the debate surrounding it continues in part because it is not always easy to correctly identify.

What Is Parental Alienation?

Parental alienation syndrome, or PAS, is alleged to occur when one parent creates a contrived illusion to the child or children regarding the child’s other parent. This often leads to the child experiencing manipulated, negative emotions toward and detachment from the other parent.

In cases where there are allegations of PAS, it is often because one parent believes that the other parent is deliberately working to undermine their relationship with the child. This may occur in situations where one parent is disrespectful to the other parent in front of the children or when one parent perceives that the child has developed angry or dismissive feelings toward them due to the actions or words of the other parent.

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 Posted on October 08, 2020 in Child Custody

Sometimes, life changes unexpectedly. A new job, new relationship, or death in the family may necessitate a move, but relocating your family is almost never easy. Moving with your child can be especially difficult during or in the wake of a divorce, as Illinois law places restrictions on relocating with children. In many cases, one parent’s desire to move must be balanced with the other parent’s right to parenting time and their children’s interests in staying where they are comfortable.

Illinois Child Relocation Laws

Before 2016, Illinois law held that a single or divorced parent could uproot their children for any destination within the state, but if they chose to leave the state even by a very small distance, permission from either the other spouse or the family court was required. With the revamping of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, a new approach was adopted for parents who have at least half of the parenting time with their children.

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 Posted on October 01, 2020 in Family Law

For some families, the relationship and connection between family members means everything, especially the relationship between grandparents and their grandchildren. In some situations, the dynamics of a family can deteriorate to the point where the child is no longer allowed to maintain that relationship with his or her grandparent. In Illinois, parents are considered to have inherent rights to spending time with their children. Grandparents are not afforded the same rights, but Illinois laws do give grandparents the ability to ask the court for visitation time in certain situations.

Can I Ask for Visitation with My Grandchild?

Illinois law presumes that parents will make decisions based on what is in their child’s best interests. If a parent is denying a grandparent visitation time, Illinois courts will assume that there is a reason for it. It is up to you as the grandparent to prove that the denial is actually harming the child in some way. You may be able to obtain visitation rights if one of these criteria apply:

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