Posted on July 06, 2023 in Family Law

While most legal sources will strongly recommend using a prenuptial (or postnuptial) agreement in nearly all cases, there are quite a few negative things said about them. When you are engaged or newly married, you are likely to hear a lot of unsolicited advice pertaining to prenuptial agreements. Some of your friends may believe that these agreements are unromantic, while others may tell you that they are absolutely necessary in order to protect your personal assets in the event of a future divorce. It can be difficult to tell what is true about prenuptial agreements and what is misinformation. Before you begin working out an agreement with your soon-to-be spouse, it is best to speak with an attorney. An attorney can answer any questions you have about how prenuptial agreements work and what they should include.

Common Misinformation About Prenuptial Agreements

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 Posted on July 01, 2023 in Family Law

It is crucial to understand the importance of a prenuptial agreement in marriage, including its purpose, benefits, and drawbacks before making a decision. Even if you do not plan on getting one, it's helpful to have knowledge about it to be prepared in advance.

Understanding Premarital Agreements

A premarital agreement, commonly known as a "prenup," is a legal agreement that two indiviuals sign before getting married or entering a civil partnership. Prenuptial agreements have been used for a significant amount of time, but they have become increasingly popular in recent years.

Premarital agreements can be helpful for many couples, but there are misconceptions that they are only for the rich or signify a lack of trust. Actually, a premarital agreement is a sensible measure that couples can take before tying the knot.

Why People Choose Premarital Agreements

There are numerous reasons why a couple might opt for a premarital agreement. These can include protecting individual assets, clarifying financial rights and responsibilities during marriage, and streamlining the divorce process should it occur. Far from indicating a lack of trust, these agreements can foster open and honest communication about financial matters, helping to strengthen the relationship.

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 Posted on June 29, 2023 in Divorce

In every court case, the parties have the right to discovery, where they can gather evidence that is in the possession of the other party. In addition to document requests, they can also personally question the other party and witnesses in a deposition. This proceeding can be crucial to your case, and it is essential that you are prepared. Your Wheaton divorce attorney would be in the deposition to defend you.

A Deposition Means Answering a Lot of Questions

Opposing counsel have a legal right to ask you questions, and they will pose quite a few of them during the course of the deposition. This proceeding will involve a series of questions, where the other attorney is attempting to gather information. The attorney may show you evidence and ask you questions about it, or they may ask a long series of questions. So long as these questions follow the proper rules (i.e, they are relevant, non-argumentative, non-repetitive, etc), you will need to answer them.

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 Posted on June 23, 2023 in Divorce

There are variations in divorce rates among different professions. A recent study revealed that gaming managers–individuals who manage casinos–and bartenders bear the brunt of this reality, with a staggering divorce rate of over 50%​. Working long hours outside conventional business hours can significantly strain a relationship, leading to its ultimate dissolution. In this blog post, we will explore the specifics of getting a divorce in Illinois, with a focus on professions that are particularly susceptible to high-risk situations.

Illinois Divorce Laws: No-Fault Grounds

Illinois updated their divorce laws in January 2016. Only "irreconcilable differences" is now a valid reason for divorce, which replaced previous reasons like abuse or adultery. Couples in Illinois who desire divorce must now provide evidence that their marriage cannot be mended due to their differences and there is no chance of reconciliation.

Equitable Distribution: Fair but not Necessarily Equal

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 Posted on June 21, 2023 in Family Law

When couples enter into a prenuptial agreement, they often want to include provisions related to property division and spousal support. However, some couples may also want child custody and visitation provisions. In Illinois, the state’s family law statutes do not allow couples to include child custody provisions in prenuptial agreements. If you need legal assistance in ensuring your prenuptial agreement is legally binding, contact a family lawyer to ensure you can create an ironclad prenup void of costly errors.

How Are Child Custody Matters Handled in Illinois? 

Under Illinois law, decisions concerning child custody must be made with the best interests of the child in mind. The court has various considerations when making a custody determination, such as the child’s current relationship with their parents, the parent’s ability to care and provide for the child’s needs, and the age and gender of the child, among other things. While prenuptial agreements are designed to allow couples to make their own decisions about property rights and other financial matters when it comes to anything related to children, the law has determined this is an area that needs to be decided on an individual basis and, according to the child’s needs.

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 Posted on June 20, 2023 in Family Law

In Illinois, figuring out custody and the allocation of parental responsibilities can be complicated and emotionally arduous, as parents tend to be strongly opinionated as to their wishes regarding their children. During the custody evaluation process, psychological evaluations are often requested to gain a better understanding of a parent’s mental health and psychological functioning. These evaluations can provide valuable insights into how a parent’s emotional state affects their ability to parent effectively. For legal assistance regarding this important matter, contact a skilled child custody lawyer to put yourself in the best position to pursue a favorable custody and case outcome.

When Are Psychological Evaluations Used?

Psychological evaluations are typically used in cases where there are concerns about a parent’s mental health, history of substance abuse or addiction, or any significant mental or psychological issue affecting their ability to parent. A court may order a psychological evaluation in an Illinois custody case if it deems it necessary to determine the best interests of the children involved. While medical records and personal testimony are also helpful in making such determinations regarding a parent’s mental and emotional health, psychological evaluations are often the most useful in forming a complete picture of a parent’s overall mental health and emotional functioning.

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 Posted on June 16, 2023 in Divorce

The divorce process in Illinois is both complex and emotional. Understanding the state's divorce requirements is important to navigate it effectively. Separation is a significant requirement, but it is often misinterpreted.

Requirement for Separation

Illinois law mandates that spouses either live apart for six months in separate homes or declare that their marriage has broken down irretrievably; all reconciliation attempts have failed, and any future attempts would not be in the family's best interest. This rule is intended to allow spouses to reconsider and potentially reconcile before proceeding with the divorce. The six-month rule does not mean that the parties must remain apart for six months before filing for divorce. It means that they must have been living separately for six months before the date of filing.

Grounds for Divorce

In January 2016, Illinois introduced a new law that only accepts "irreconcilable differences" as a reason for divorce. Earlier, fault-based divorces were allowed on grounds like adultery. In Illinois, the only grounds for divorce are irreconcilable differences, which means that the marriage has experienced an irretrievable breakdown. The judge will assume irreconcilable differences have been met if the spouses have lived separately for six consecutive months before the divorce judgment.

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 Posted on June 15, 2023 in Divorce

Spousal support, commonly referred to as spousal maintenance or alimony, is a vital consideration in many divorce cases, assisting individuals in maintaining their financial well-being after divorce proceedings have been completed. Often parties in a divorce may be unaware of the factors determining whether spousal maintenance is paid or what amount should be paid to the requesting party. One widespread assumption is that spousal maintenance payments are automatically awarded in divorce cases. However, this is not the case.

Illinois provides guidelines as to determining whether spousal maintenance payments will be awarded. The final decision will rely upon the individual case specifics and circumstances. There is no universal formula to determine a payment amount. If you have questions or concerns about spousal payments, contact a divorce attorney to see how spousal payments may or may not be relevant to your case.

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 Posted on June 08, 2023 in Divorce

Contested divorce cases are those in which the spouses disagree about one or more divorce issues. Disagreements about how marital property should be distributed between the spouses or who should have the majority of the parenting time with the children are just some of the circumstances that can lead to a contested divorce case.

Gathering relevant evidence from the parties is a crucial aspect of a contested divorce case. If the spouses are not willing to provide information voluntarily, various legal tools may be used to gather the necessary information, documentation, or testimony. Subpoenas are one such legal tool used in a divorce case.

What is a Subpoena?

A subpoena is a legal summons, issued by a court or lawyer, that requires someone to provide information or documents relevant to a legal case. Subpoenas can be issued to any person or entity with information pertinent to the case. For instance, in a divorce case, one spouse may subpoena financial documents from the other spouse's employer or bank.

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 Posted on June 07, 2023 in Family Law

High-asset divorce cases are divorce cases involving significant wealth. These types of divorces are often much more complicated than a typical divorce. Property division, spousal maintenance, and other financial issues are often a significant source of this complication. However, child-related issues can also be difficult to handle in a high-asset divorce.

Maintaining a Child’s Lifestyle

In high-asset divorces, children often expect a certain standard of living because of the family's financial resources. The child may attend a private school, receive one-on-one tutoring, or participate in expensive extracurricular activities. Illinois courts seek to preserve a child's standard of living and avoid divorce consequences that negatively impact the child. After all, divorce is between the adults, not the child.

Child Support in High-Asset Divorce Cases

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