Prenup Basics

 Posted on June 26, 2013 in Divorce

Putting aside the age-long question of the value of a premarital agreement, a.k.a. prenup, couples considering them must ensure that they meet the state minimum statutory requirements. Most couples hire a family law attorney to draft them professionally in order to avoid any potential issues. However, even with attorney help, here are a few things that couples should keep in mind. Unlike most contracts, prenups become effective once the marriage is official. Nothing of value needs to be exchanged, what contract lawyers refer to as consideration, is necessary in order for the contract to be valid. Second, prenups must be in writing and executed by both parties voluntarily. Generally, prenups set forth what is marital and non-marital property, and the method of distribution of said property in case of a divorce. Aside from property division, prenups can also cover spousal support, what laws would apply in case of a divorce and common issues that may arise. However, prenups may not adversely affect the right of a child to support. Another benefit of prenups is that couples may amend them after the marriage if circumstances change, provided that the same formalities are met (i.e., changes are in writing and signed by both parties). While a valuable planning tool, the history of prenups is rife with abuses, forcing the Illinois legislature to create certain defenses to enforcement. An otherwise valid prenup, is unenforceable if the party seeking to avoid it can show that it was not entered into voluntarily, its terms are one sided and there was inadequate disclosure of assets prior to its execution. This usually arises in the context where there is an uneven distribution of wealth. The wealthier spouse can afford to hire a family law attorney to draft the agreement for both spouses without the other spouse being represented by an attorney. In these cases, courts will be particularly suspicious of the motives of the party that had an attorney. Entering into a premarital agreement has long lasting consequences and each spouse should have an experienced family law attorney review the agreement prior to signing it. At Goostree Law Group, we have represented St. Charles clients with their family law needs, including premarital agreements.

Image courtesy of adamr / freedigitalphotos.net

Continue Reading ››

How is a Visitation Schedule Determined?

 Posted on June 23, 2013 in Divorce

Part of any divorce agreement that involves children is a child custody agreement and a visitation schedule. The parent that the children live with is the custodial parent. The parent that is living outside of the child's permanent home is the non-custodial parent. Child custody in Kane County can be changed with the help of an attorney if your current situation is not working for the children. Sometimes, custody and visitation agreements come easily, while other times it can be a definite point of contention. Most states divide the parenting time in an 80/20 split with the custodial parent having the children 80% of the time. The division may include things such as visitation with the non-custodial parent every other weekend, one weeknight during the week (depending on where the parents both live), a few weeks out of the summer vacation, as well as divided holidays. The schedule is determined by several factors, such as the age of the children and the geographic location of the parents. The schedule will be amended to accommodate things such as the extracurricular activities of the children. It is important to remember that the most important thing is that both parents actively participate in the children's lives. The children are going to go through the transition of not having both parents in the home. They deserve to have both parents in their lives, unless one is deemed an unfit parent. It is important to remember that visitation and child support are two separate issues that do not intertwine in any way. If the father does not pay his ordered child support, that does not give the mother just reason not to adhere to the order for visitation, and vice versa. If you have questions regarding establishing or amending an order for visitation or child custody in Kane County, contact an experienced Kane County family law attorney. Your family attorney will look over the existing order and make recommendations. If you choose to follow the recommendations, your lawyer can also represent you in family court.

Image courtesy of imagerymajestic/Freedigitalphotos

Continue Reading ››

Communicating with an Ex after Divorce

 Posted on June 20, 2013 in Divorce

Being divorced with kids is a very difficult on both parents.  Communication is often fragmented and strange between exes, but it is necessary to establish a new family dynamic for children.  While a co-parenting agreement will lay down groundwork for raising the children, it may not guide you on talking to your ex. Rather than focusing on the bad things that your ex has done to you or the regret and anger that this makes you feel, focus on positive aspects of your ex.  Although your relationship did not end up working, there is a difference in being a parent.  The care and love that they give your child should help you form a new bond.  Build that bond by sharing the exciting things that your children do. It is important to remain calm and patient with your ex during this difficult transition.  Your ex may know what to say or do to set you off, but it is important to weather those moments.  Your main concern is your children and ensuring that they are being raised in a kind and respectful environment. This also means that you should avoid antagonizing your ex as well.  If you try to incite or one-up your ex, it could backfire against your main goal, raising your children the best way you can.  If all else fails, setting some basic ground rules can limit the opportunities for you and your spouse to hurt each other.

• Communicate briefly with your ex

  Continue Reading ››

How to Co-Parent After A Divorce

 Posted on June 16, 2013 in Divorce

Divorce is stressful both financially and emotionally – and adding children to the mix makes a divorce even more complicated. It is important for the children to be able to feel secure, loved and like a priority to both parents. However, parents’ feelings for each other can add stress to raising the children in two different homes after a divorce. Though the parents may dislike one another, it is imperative to focus on the children as the parents' relationship changes from marriage to divorce. All frustrations and disappointments should be expressed when the children are not around. Children should never be put in the middle or used as a messenger between the two parents. Doing so would create awkwardness and confusion for the children. The key to a successful co-parenting in a divorce is communication. Although the relationship was once personal and intimate, the divorced couple must now become more professional and straight to the point. Making requests rather than demands helps keep a neutral team approach. As communication moves forward, it must be done with self control and open ears. Be sure to commit to communicating on a consistent basis about the children. Topics such as discipline, schedules and rules can be done successfully in both homes if parents are open and honest with one another and keep the children’s best interest at heart. If you are going through a divorce and are finding it hard to communicate with your soon to be ex, it might be in your best interest to contact a Kane County divorce attorney who can help you set guidelines and find a way for the communication to work. No one should have to go through a divorce without help.  

Image courtesy of photostock/Freedigitalphotos

Continue Reading ››

Setting Up a 529 Account For College During Divorce

 Posted on June 12, 2013 in Divorce

In the throes of divorce, planning for the future may seem the farthest thing from your mind, especially when it involves planning for a future you would otherwise have spent together. And yet planning for your kid’s college in the midst of a divorce is an important thing to keep in mind. Just because you’re getting separated doesn’t eradicate the need for college savings and cooperation when it comes to your children, no matter how difficult that may be. Some couples decide to continue to save together for their kids’ college; others each decide to put what they can (or a pre-specified amount) aside and come together only to write the check later. “Saving for college after a divorce is a process of communication,” according to US News and World Report. “However, the communication is easier if a framework is set up during the divorce settlement.”  This framework could have many different structures, and it should be considered with both your and your ex’s divorce lawyer at the time of divorce. One such framework “could include freezing the current 529 plan account (a tax-advantaged investment account used for higher education), splitting 529 plan accounts when needed and deciding what proportion each parent will pay toward their children’s education,” according to US News and World Report. This also ensures that neither ex will be able to have access to the 529 account because no more deposits are being made, meaning that the only person who will have access to the account is the designated child. “Freezing the account would also prevent a parent from using account funds to pay for the education of child from a new marriage,” according to US News and World Report. If it seems risky to leave the investment decisions up to only one parent—the account owner—after divorce, the other option is to have the judge split the existing account 50/50. A qualified family law attorney can assist this decision, and many others. If you or someone you know is considering divorce, don’t go through it alone. Contact a dedicated Illinois divorce lawyer today.

Image courtesy of cooldesign / FreeDigitalPhotos.net

Continue Reading ››

Thinking Emotionally can Cost a Woman in a Divorce

 Posted on June 07, 2013 in Divorce

According to a financial strategist, how a woman thinks could influence her financial outcome in a divorce. Going through a divorce can be very emotional for women but learning how to shift their thinking from emotional to financial could help them secure a solid financial footing and less regret after a divorce. Turing off your emotions may be easier said than done, but understanding that there are two groups of emotions may make it easier. The emotional feeling a woman has about her spouse is one group and those emotional feelings that she has towards herself is the other. Typical emotions towards her spouse may include anger, sadness, rage, or a feeling of relief. Those emotions that she feels towards herself may be a little more complex. Getting a better understanding of these emotions will help make the necessary shift from emotional thinking to financial thinking. The self-chatter that a woman may have while going through a divorce could block her ability to do what is best for her. It can also determine how well she recovers from the divorce. Staying healthy during this trying time will help. Often the overwhelming process of divorce could make women neglect a prior healthy routine of working out and eating right. This is not the time for her to stop taking care herself. Continuing to work out or starting a workout routine will help to relieve stress, anxiety, and depression. In addition, negative self doubt in her ability to choose a partner only works against her. Shifting her focus to what is best for the children, if any, and herself is advised. Having a divorce lawyer that will fight to protect her interest in another must have. If you are taking into consideration how your life might be as a single woman after divorce contact an Illinois attorney today for a free consultation.  

Image courtesy of seat keawatavee/Freedigitalphotos

Continue Reading ››

Viagra Can Lead to Divorce, Experts Say

 Posted on May 30, 2013 in Divorce

Warning: stripos(): Offset not contained in string in /home/ocvaws/public_html/system-joomla-shared-core/components/com_easyblog/easyblog.php on line 18

Continue Reading ››

Raising Allegations of Abuse in a Divorce Case

 Posted on May 27, 2013 in Divorce

If you've been the victim of domestic violence and you're also moving through the proceedings of a divorce trial, it can be complicated to understand how domestic violence impacts the judge. Particularly if you have minor children, getting custody can make it all the more important that you approach raising allegations appropriately with your lawyer. In Illinois, judges tend to rely on factor tests, which allow the judges to weigh the impacts of the domestic violence in determining the best interests of the child. For a long time around the country, judges have been instructed to make final determinations based on what they perceive to be the child's "best interests". A factor test simply means that the judge should "factor in" how domestic violence may be affecting the child.  Judges in Illinois also tend to lean towards joint custody where the situation may fit, which can be dangerous in situations where children are already victims of abuse. Speak to your attorney in depth about the history of the abuse, any documentation regarding it, and how it has affected the children. For example, if their grades have declined as a result of emotional traumas, you might want to obtain copies of their gradecards as well as reports from their teachers to back up your arguments. If the abuse has been documented by a physician or other adult, it will be helpful to have copies of this. Since judges are guided by the best interests of the child, it's important that as much hard evidence as possible is shared about history and patterns of abuse. Before proceeding with a trial or other parts of the process, discuss your strategy with your attorney. You should not go into a custody trial where abuse is alleged without the guidance of an experienced and licensed attorney. Contact your lawyers today to set up a consultation.  

Image courtesy of kenfotos/Freedigitalphotos

Continue Reading ››

Advantages of Legal Separation vs. Divorce

 Posted on May 23, 2013 in Divorce

When two people come together to wed, the last thing on their minds is a divorce or legal separation. However, time goes on and people may change. This realization may prompt one person to want out of the marriage, but not completely until he or she is sure that divorce is what's right. The best advantage of a legal separation may be time. Legal separation allows two people to live separately until they can decide if divorce is the best option. This arrangement is particularly favorable in cases where couples may want to divorce due to 'irreconcilable differences' as a requirement for divorce in Illinois is a two year separation. In addition, the spouse seeking divorce must establish that he or she is not the one responsible for the separation. According to the Illinois Marriage and Dissolution Act, two people, while remaining married can be legally separated. This allows a separated couple to avoid a court order distribution of property. However, the court can still make judgment similar to that of a divorce. For instance, a court could rule that a spouse pay spousal support even though the couple is separated and living in two separate dwellings. A court can set rules regarding child custody and visitation similar to a divorce case. Just because a couple is seeking legal separation doesn't mean the courts stop working in the best interest of the children. Therefore, the courts take into consideration eight factors set by statute (750 ILCS 5/602) to determine the child custody arrangements. Dealing with a separation and possible divorce can be emotionally overwhelming. Often a person can become unsure of what to do and what course of action to take. Illinois residents considering a legal separation or looking for answers to questions concerning divorce should contact a legal separation attorney for a free consultation.  

Image courtesy of arztsamui/Freedigitalphotos

Continue Reading ››

Second Marriage Not a Guarantee

 Posted on May 20, 2013 in Divorce

It is helpful to learn from our mistakes, and to become better people for them. In a marriage, when it fails, one might think they have become experts on what did not work. So when the opportunity arises for a second marriage, these so called experts think they have it all understood. However, second marriages are more likely to end in divorce than first marriages. What can you do if you want to jump into the marriage pool again? Check out these quick tips, and consider a prenuptial agreement as you read on to protect yourself in your second marriage. It is easy to find someone and think they fit everything you have ever wanted. Maybe even comparing them to your previous spouse makes the temptation to marry even more beautiful. However, getting to know your future spouse is crucial. It does not have to be specific a length of time, per se, but rather, understanding each other’s culture, expectations, family, child-rearing techniques, money, religion and social beliefs. Believe it or not, they can easily tear a couple apart if they are not on the same page. Understand what did not work in your previous marriage – maybe even make a list. Discuss your ideas on relationships with your future partner so they understand your perspective and how to help avoid previous issues. Just jumping into a new marriage thinking it will be a clean slate and not have the same issues is not smart. By being open and honest can give the two of you a great way of figuring out expectations of each other and moving forward together in a positive, healthy way. Marriage is wonderful, but it is totally understandable for one to be apprehensive the second time around. Maybe a prenuptial is a good route for you and your new spouse to have to ensure your assets and expectations. Contact a Kane County family attorney today for more information.  

Image courtesy of stockimages/Freedigitalphotos

Continue Reading ››