Posted on December 27, 2024 in Prenuptial & Postnuptial Agreements

Prenuptial agreements are often misunderstood, with many common myths making people hesitant to consider them. However, these agreements are simply meant to outline how assets and debts would be divided in the event of divorce or death. Addressing these misconceptions can help couples understand the true significance of a prenuptial agreement. An Illinois family law attorney can help couples draft a fair and enforceable prenuptial agreement that protects their future.

Does Signing a Prenuptial Agreement Mean You Expect a Divorce?

One of the biggest misconceptions about prenuptial agreements is that signing one means you are already anticipating that your marriage will fail. In reality, a prenuptial agreement is about preparation, not expectation. It allows couples to start their marriage with financial transparency and security by:

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 Posted on December 27, 2024 in Asset Division

One of the many challenges of a divorce regards how your assets will be divided. If you have inherited property, you might wonder how it will be treated during the divorce process. To protect what is rightfully yours, it is vital to conduct careful planning and have a clear understanding of the law. An Illinois divorce attorney can help you protect your inheritance and navigate the intricacies of asset division.

Is Inherited Property Considered Separate or Marital Property?

Under Illinois law, inherited property is generally classified as separate property. This means it will not be divided during a divorce. However, for the inheritance to maintain its status as separate property, it must remain separate from marital assets. Mixing, or commingling, inherited property with marital property can cause it to lose its classification as separate property.

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 Posted on December 23, 2024 in Child Custody

When parents share custody of their children, relocating to a new area can create significant challenges. For the non-relocating parent, a move can disrupt parenting time, impact their relationship with the child, and lead to logistical obstacles. However, state law gives non-relocating parents the right to object to a move and take steps to protect their custody arrangement. If you are facing a custody dispute involving a relocation, an experienced Illinois family law attorney can help you understand your parental rights and options.

What Are the Relocation Rules in Illinois?

Illinois law distinguishes the differences between regular moves and relocations. Under the Marriage and Dissolution of Marriage Act, a relocation occurs when a parent who has primary physical custody of the child wants to move:

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 Posted on December 18, 2024 in Alimony / Maintenance

Spousal maintenance, also known as alimony, provides financial stability after divorce– but what happens when one party remarries? Remarriage can significantly impact spousal maintenance agreements and raise many questions about termination or modification. Whether you are the recipient or the payer, it is essential to understand the implications that remarriage can have for your spousal support agreement. If you or your spouse will be getting remarried soon, an Illinois divorce attorney can help protect your rights and provide legal guidance.

What Happens if the Recipient Remarries?

In Illinois, when the recipient of spousal support gets remarried, the agreement is usually terminated. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), spousal maintenance automatically ends when the recipient remarries, unless the divorce decree specifies otherwise. 

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 Posted on December 17, 2024 in Child Custody

Understanding how paternity influences child custody disputes is essential for parents navigating the complexities of Illinois family law. Paternity does more than confirm a biological connection—it establishes a legal bond that influences decisions regarding custody, visitation, and child support.

For fathers, proving paternity can establish parental rights and the ability to play a meaningful role in a child’s life. For mothers, it ensures a pathway to support and helps secure the child’s relationship with both parents. With the guidance of an experienced Illinois family law attorney, parents can protect their rights and prioritize their child’s best interests.

What Is Paternity and Why Is It Important in Custody Cases?

Paternity is the legal recognition of a man as a child’s father. Without legal paternity, a father may not have rights to custody or visitation, and the mother may not have the ability to seek child support. In Illinois, this can be established in several ways:

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 Posted on December 16, 2024 in Property Division

Dividing property can be one of the most challenging aspects of a divorce. This is especially true when determining whether an inheritance should be considered marital property that must be divided. For many, this is a critical issue, as inheritances often hold both financial and sentimental value. 

Understanding how inheritances are treated in Illinois divorce cases and how to protect them can make a substantial difference in the outcome of your property division. An experienced Illinois family law attorney can guide you through this process and help ensure that your rights and assets are protected.

What Does Illinois Law Say About Inheritances and Marital Property?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs how property is classified and divided during a divorce. According to the IMDMA, inheritances received by one spouse are considered non-marital property, meaning they typically belong only to the recipient. This notion applies regardless of whether the inheritance is received before or during the marriage.

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 Posted on December 12, 2024 in Divorce

Divorce typically brings a range of financial and legal considerations, particularly when children are involved. One significant question many divorced parents face is whether courts can require them to contribute to their child’s college expenses. This issue can be both financially and emotionally challenging, especially for families who are adjusting to life post-divorce.

Disagreements over public versus private schools or how expenses will be divided can complicate matters, making it essential to seek legal guidance. An experienced Illinois family law attorney can help you make informed decisions about your child’s education while also protecting your financial stability.

What Does Illinois Law Say About College Tuition After Divorce?

State law allows courts to order parents to contribute to their child's college expenses under certain circumstances. Unlike child support, which normally ends when a child turns 18 or graduates from high school, this provision explicitly addresses post-high school education.

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 Posted on December 11, 2024 in Child Support

Child support is designed to provide children with the necessary financial support to meet their needs and maintain their well-being, even when their parents are no longer living together. While many may assume child support only covers basic needs like food and shelter, Illinois law recognizes that raising a child involves a wide range of expenses, such as healthcare, education, and extracurricular activities.

By understanding what child support includes, parents can effectively navigate family law issues and provide for their children. An experienced Illinois family law attorney can guide you through child support matters and help protect the well-being of your children.

What Basic Expenses Does Child Support Cover?

At its core, child support is intended to provide for a child’s essential needs. Under Illinois' Income Shares Model, child support is calculated based on both parents' incomes to determine an appropriate amount for necessities, including:

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 Posted on December 06, 2024 in Spousal Maintenance

Retirement often brings significant life changes, including new opportunities for relaxation and a slower pace of life. However, this time also comes with financial adjustments. For those paying or receiving spousal maintenance, it raises many pressing questions. What happens to the payments when your income shrinks? Does retirement justify a reduction in obligations? To gain a better understanding of your legal options and responsibilities, it is important to consult with a DuPage County, IL family law attorney.

What Happens to Spousal Maintenance When You Retire?

Retirement typically results in a lower income, whether it is due to transitioning to Social Security benefits, using retirement savings, or relying on pensions. This change can impact spousal maintenance obligations, as courts examine your income levels when determining payments. These orders are not automatically adjusted when you retire, so you may need to take legal action to modify your payment terms.

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 Posted on December 04, 2024 in Divorce

Filing taxes is a complex process that can become even more complicated during a divorce. Deciding whether to file jointly or separately is a critical factor that can have a significant impact on your finances. To make an informed decision, it is important to understand how IRS rules and state laws affect your tax filing status. An experienced Kane County, IL divorce attorney can provide guidance throughout this process to help ensure your financial and legal interests are protected.

What Does It Mean to File Taxes Jointly or Separately?

When you jointly file taxes, both spouses combine their income, deductions, and credits into a single tax return. This option is available if you are still legally married as of December 31 of the tax year.

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