Posted on April 13, 2022 in Prenuptial & Postnuptial Agreements

Prenuptial agreements are useful for any type of couple. Individuals may use a prenuptial agreement to protect assets, such as a small business, in the event of divorce. Individuals who choose to sacrifice career advancement to stay home with children may use a prenup to ensure they will have access to spousal support if the marriage ends. Older couples who are getting married for the second or third time may have children from a previous relationship and choose to use a prenuptial agreement for inheritance reasons. The possibilities are nearly endless. However, prenuptial agreements may be completely worthless if they are not drafted properly.

Prenuptial Agreements Must Be Drafted Correctly

You and your soon-to-be spouse may trust each other to simply make plans verbally. They may assume that they do not need a formal agreement. However, prenuptial agreements must be in writing and signed by both parties to be enforceable. The parties must be of sound mind and fully agree to the terms of the prenup.

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 Posted on April 12, 2022 in Family Law

When divorcing spouses share children together, the divorce process becomes much more complicated. In addition to financial matters like property division, the couple must also address child-related concerns like child custody and child support. Read on to learn about some of the top questions Illinois parents have about parenting time and what you can do to get personalized legal guidance during your divorce case.

How is Parenting Time Different Than Child Custody?

One of the most complicated parts of the divorce process is navigating the sea of confusing legal terms and language. Illinois law no longer uses the term child custody. Instead, child-related matters are broken down into the allocation of parental responsibilities and parenting time. Parental responsibilities refer to the parents’ right to make decisions about their child’s education and other important matters. Parenting time is the time that parents spend with their children. The parents will include their parenting time schedule in their parenting plan and submit it to the court for approval.

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 Posted on April 07, 2022 in Family Law

For any parent, the prospect of paying for college can be daunting. College tuition is becoming more and more expensive each year. Unmarried and divorced parents may be understandably even more concerned about how to finance their child’s higher education. Paying for tuition, housing, books, and other educational fees can be even harder to manage in a one-income household.

The average annual cost of attending an in-state public university is just over $25,000 in 2022. For a private university, that number more than doubles. If you are unmarried or divorced and you have kids, it is important to understand your rights and responsibilities regarding your child’s college expenses.

How Are College Expenses Divided If Parents are Divorced or Unmarried?

Most married parents work together to figure out how to pay for college tuition and related expenses. However, if parents were never married or have divorced, they may be confused about which parent is responsible for paying college expenses. Illinois is unique in that the law can require unmarried or divorced parents to contribute to their child’s higher education.

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 Posted on April 04, 2022 in Divorce

Before a divorce can be completed, divorcing spouses must address multiple issues including the division of marital assets and debts, parental responsibilities, parenting time, and spousal support. Some spouses are able to reach a decision through alternative resolution methods like mediation. Others can negotiate a settlement through their attorneys. However, when all else fails, a divorce case may advance to trial. Whether you have just filed for divorce or you are well into the process, it is important to know how divorce trials work in Illinois.

Divorce Discovery and Pretrial Conferences Precede a Divorce

Before a divorce goes to trial, the attorneys will gather all the relevant facts and information. There may be depositions, requests for production of documents, interrogatories, and more. The attorneys will use the information to develop their arguments.

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 Posted on March 29, 2022 in Divorce

Taxes are probably the last thing on your mind if your marriage is ending. You may be more focused on the immediate financial implications of the split, the divorce’s effect on your children, ownership of the marital home, and other issues. However, divorce can have major tax implications for both spouses. Read on to learn about some of the top tax-related issues Illinois couples encounter when they divorce.

Tax Implications of Property Division

You and your spouse will need to value and divide your shared property in your divorce. The way you distribute property can have certain tax advantages and disadvantages. Usually, property transfers during divorce are non-taxable events. However, each case is different, and you may decide to forgo the opportunity for tax-free transfers if there is an advantage to doing so. There can also be major tax implications associated with retirement assets and liabilities like capital losses and charitable deductions.

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 Posted on March 28, 2022 in Divorce

Autism Spectrum Disorder symptoms can vary dramatically. Many children with autism struggle with social interactions, sensory overload, and changes in schedules and routines. Some are able to communicate these struggles to parents, teachers, and caretakers. Others are completely non-verbal. Whatever symptoms your child deals with, divorce is sure to have a major impact on your child.

As a parent of a child with autism or Asperger’s, it is important to know your options during divorce.

Parenting Plans for Children With Autism

Kane County parents who divorce will be asked to write up a parenting plan that describes how they will fulfill parenting duties. A detailed, well-written parenting plan can help you and the other parent ensure you are on the same page about parenting matters. A strong parenting plan can also promote consistency – something extremely important for children with autism. Your parenting plan will include information about:

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 Posted on March 22, 2022 in Divorce

Spousal support, spousal maintenance, and alimony are all terms used to describe financial support paid by one spouse to the other after divorce. Spousal support can be a significant source of financial relief to those who receive it. However, it can also be a major expense for the paying spouse. Whether you are the primary earner in your marriage or you intend to seek spousal support for yourself, it is important to understand how spousal support works in Illinois divorce cases.  

Spousal Maintenance is Usually Ordered for a Limited Time

In most cases, spousal maintenance is temporary. The spouse receives financial assistance in the form of maintenance until he or she is able to become self-sustaining. If the marriage lasted more than 20 years, permanent maintenance might be ordered. However, spousal maintenance always terminates if the recipient gets remarried or the paying spouse dies.

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 Posted on March 21, 2022 in Divorce

Whether you live in a house, flat, apartment, or condominium, a home is often much more than a physical living space. In the midst of a turbulent marital breakdown, a home can become a place of refuge and familiarity. Understandably, many people are hesitant to give up their homes in a divorce. Some blindly fight for ownership of the home without considering the short and long-term consequences of homeownership as a divorced individual. If you are getting divorced, consider the following questions when deciding what to do with the marital home.

What is the Home Worth?

Before you can determine whether to keep the home or sell it, you must understand what the home is worth. In many situations, the best way to accurately value the home is to get the home professionally appraised. Make sure to consider not only the current market value but also the future value of the home based on the neighborhood and housing market.

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 Posted on March 17, 2022 in Family Law

Divorced and unmarried individuals in Illinois are often subject to child support orders. When the court orders child support, it is not a suggestion. The paying spouse or “obligor” is required by law to pay the child support. Failure to pay the support in full can lead to significant consequences. Court orders for spousal support, also called spousal maintenance or alimony, are the same. If you are required to pay child support or spousal support and fail to make payments, your wages may be garnished.

Wage Garnishment for Unpaid Support in Illinois

The term “wage garnishment” refers to the act of taking a portion of someone’s paycheck to pay debt or financial obligations. Illinois law clearly states that wage garnishment may be necessary if someone refuses to pay his or her child support or spousal support obligation. A non-paying parent may also be subject to property liens, driver’s license suspension, interception of tax returns, and other consequences. In some cases, a parent who fails to fulfill his or her support obligation may even be held in contempt of court. The parent could be sentenced to up to six months in jail.

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 Posted on March 15, 2022 in Divorce

Divorce is rarely a pleasant experience, but most people expect their spouse to participate and cooperate to at least some degree. Unfortunately, some spouses make the divorce process much harder by refusing to participate. Some may leave the state or even travel out of the country to avoid divorce.

If you want to get divorced but you cannot find your spouse to serve the petition or your spouse refuses to sign divorce papers, you may be feeling frustrated and lost. Illinois law recognizes that some spouses are not able to be located or refuse to participate in the divorce proceedings. In cases like these, spouses may be able to serve notice of the divorce by publication and seek a default judgment.

Seeking a Divorce by Publication Because You Cannot Locate Your Spouse  

The person who initiates the divorce is called the petitioner. It is the petitioner’s job to "serve" or deliver the divorce petition to the other spouse, called the respondent. Some divorcing spouses are able to simply hand over the paperwork to the other spouse. The spouse may send the summons through certified mail or use a designated server such as a county sheriff to deliver the divorce paperwork.

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