Posted on August 28, 2019 in Family Law

Prenuptial agreements have become more common than ever, yet many couples continue to tie the knot without this form of additional security. There is a preconceived notion that prenuptial agreements are only beneficial for the wealthy; however, every couple can benefit from a prenup. A prenuptial agreement is a legal document that outlines how certain issues will be handled if the couple ever files for divorce. The agreement must be signed by both parties, of their own free will, before the wedding takes place. There are many things that you can include in a prenuptial agreement, and it is important that you consider all of your options before you sign it.

The Engagement Ring

One of the basic purposes of a prenup is to protect your personal property from being considered marital property in the event of a divorce. Since the engagement ring is given prior to the marriage, it is technically the property of the receiving spouse. In order to protect this asset, you should have your ring appraised to know its financial value, then include it as one of your personal assets.

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 Posted on August 27, 2019 in Child Custody

With the popularity of smartphone applications, it is no surprise that there are several apps related to divorce. Among these, co-parenting apps seem to be the most common. There are apps that help you create a parenting schedule, communicate with your co-parent and even make child support payments. Many apps will require you to pay a subscription fee to use their most advanced tools, and you should thoroughly research an app before you decide to rely on it for your co-parenting needs. There are several ways that a co-parenting app can be useful to a modern, two-household family:

1. Organization: Most co-parenting apps have a shared calendar feature. You could also use a basic calendar application that will not require any fees. A calendar app records your parenting schedule and can give automated reminders about when you are supposed to pick up and drop off your children. More advanced apps allow you to track and share child-related expenses, which is a helpful record when calculating child support payments.

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 Posted on August 23, 2019 in Divorce

An unfavorable ruling in a divorce or family law court is not always the end of your case. You have the right to appeal a circuit court ruling in hopes of overturning it. You have 30 days to file a notice of appeal, in which you will explain why you believe the court’s decision should be reversed or remanded. An appellate court may reverse a lower court’s decision if:

• The decision went against the manifest weight of evidence;
• The court misinterpreted or misapplied the law; or
• The trial was conducted in an unfair manner.

Appeals of divorce or family law cases are less common than with criminal cases, in which the appellant may be trying to avoid prison time. Appellate courts tend to trust the judgment of lower courts unless there is an egregious error. However, an appeal may be worth your time if you believe you have a strong argument.

Parental Responsibilities

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 Posted on August 22, 2019 in Family Law

Establishing paternity is not something that many mothers think about, since most fathers are presumed. In a legal sense, paternity is the established legal relationship between a child and their father. Establishing paternity gives both the child and the father rights that they would not have without the legal classification. Many (including Illinois courts) agree that most children thrive when they have both parents playing an active role in their lives. Not only does establishing paternity authorize legal rights, but it also helps facilitate the parent-child relationship. Many other benefits come with establishing the paternity of a child, which is why you should consider completing the legal process if your child’s paternity has not been legally recognized.

Presumed Paternity

In the state of Illinois, paternity is presumed if the mother and father were married at the time the child was born or if they were married within a 300-day time period before the child was born. If neither of those situations applies, either the mother or father must take action to legally establish the paternity of the child. This can be done by filling out a Voluntary Acknowledgement of Paternity form while at the hospital or by filing it with the Department of Healthcare and Family Services. Paternity can also be established through the use of genetic testing and an administrative or court order.

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 Posted on August 18, 2019 in Divorce

August is back-to-school time for children – as well as for some adults. If you have recently divorced, it may be imperative that you find a job that will allow you to support yourself. You may be required to do so if you are receiving spousal maintenance. Continuing education can help you start a new career or qualify for better-paying positions in your current career. However, it is also an investment of time and money that may not be worth it in some cases. Before starting on the path towards a degree or certification, you should consider your options.

Is College Necessary?

Taking college classes is expensive. Even being a part-time student at a community college can cost thousands of dollars per semester. You should explore whether you qualify for financial aid or scholarships. A court can include job training and continuing education expenses when awarding spousal maintenance. Before looking into payment options, you should evaluate whether attending college will improve your chances of getting a new job. You can ask a career counselor whether there are alternative ways to improve your skills and make yourself a better candidate.

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 Posted on August 15, 2019 in Child Custody

Starting a new life after divorce can be tough for everyone, but for children, the adjustment can be especially challenging. Kids are accustomed to having both parents constantly in their lives and any change can be difficult. They thrive off of stability and permanency, which is why co-parenting arrangements can sometimes be disruptive to children. One alternative solution to the traditional co-parenting structure is called a "nesting" plan. This type of plan does not work for every family situation, but it is an option worth considering.

What is a Nesting Plan?

A nesting plan is a type of alternative co-parenting arrangement in which the children remain in the family home and the parents take turns living in the home with them. This type of arrangement allows children to have minimal disruptions in their everyday lives and continue to live under the same roof at all times. Rather than requiring the children to pack up and move between two households, the parents take on that burden for the benefit of their children.

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 Posted on August 13, 2019 in Child Support

Both legal parents have a financial obligation to support a child from the time it is born, even if one of the parents is not an active part of the child’s life. Child support is a common aspect of divorce but can be more difficult to establish when the parents were never married. A father can submit a Voluntary Acknowledgement of Paternity, or the mother may file a petition to establish paternity. In disputed paternity cases, the court can order the father to pay retroactive child support if it legally establishes his paternity. The retroactive payments could go back to the date of the initial court filing or the date of the child’s birth.

Reason for Retroactive Payments

Retroactive child support commonly starts on the date that the parent filed a petition to establish paternity or to establish child support. In most cases, the mother is the one who is attempting to force the father to take financial responsibility for their child, though a father could file a petition to establish child support from an absent mother. Illinois allows retroactive child support orders to prevent a parent from avoiding their financial obligation by prolonging the court case. A paternity case can take months to settle and can be extended with other legal actions, such as appeals.

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 Posted on August 09, 2019 in Property Division

Doctors as a profession are statistically less likely to be involved in a divorce. They have demanding workloads that can strain a marriage, but a successful doctor is often financially stable, which helps a marriage. When a doctor does divorce, their practice is part of the division of marital properties. Valuing a professional practice is different than other businesses and requires financial professionals who are familiar with these practices.

Practice as Property

Your medical practice is marital property if you started it after your marriage. If your practice predates your marriage, you must include its increase in value since your marriage as part of your marital property. Unlike with other types of businesses, your spouse does not have the option of owning part of your practice unless they are also a doctor in the same practice. This static ownership means that you will need to compensate your spouse with other marital properties. Your student debt from medical school is marital debt if it was accrued during your marriage. You may be able to offer to assume sole responsibility for the debt as compensation for your medical practice.

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 Posted on August 09, 2019 in Divorce

Divorce is considered to be one of the most stressful life events you can experience, and almost 50% of married couples go through it. One of the factors that contributes to the stress of a divorce is the financial aspect. It has been estimated that divorces can cost anywhere from a couple of thousand dollars to almost $100,000, depending on the couple’s situation. While getting a divorce is never free, there are certain things that you can do to help keep your divorce costs reasonable.

Come Prepared to Meetings With Your Attorney

While your attorney will play a crucial role in your divorce case, you want to make the best use of their time and avoid paying for unnecessary attorney's fees. In order to cut back on the amount of time spent in legal meetings, come to your appointments organized. If you know that you will be meeting to discuss property division, make sure you come prepared with a list of your marital assets and debts and any other relevant financial documents that may be useful to your attorney.

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 Posted on August 05, 2019 in Divorce

Divorce can create negative emotions that need an appropriate outlet. It is unhealthy to let anger, anxiety or depression fester inside of you, but you should not unleash them on family and friends or during your divorce negotiations. Support groups or physical activities are good outlets for some people. For others, writing down their thoughts in a private journal helps them safely express their feelings. Here are four pointers if you decide to write a divorce journal:

1. Keep the Journal to Yourself: This is a journal for yourself and not a blog. You are more likely to be truthful and freely express yourself if you know that no one else will be reading what you write. Your journal is an opportunity to express thoughts and feelings that you do not want others to know because of how they may react.
2. Find a Comfort Zone: You can keep a journal in a physical notebook or a computer text document. Pick the form of writing that you are more comfortable with. Do not worry about proper grammar or well-crafted sentences. This is not a school assignment or a business document. It is more important that you understand what you are writing.

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