Recent Blog Posts
Should My Spouse and I Sign a Postnuptial Agreement?
Many people have heard about a prenuptial agreement, a sort of contract drawn up between two people about to join together in the bonds of marriage. A prenuptial agreement is like a rainy-day policy: something you have ready “just in case” but hope you will not need. However, engaged couples often opt out of a prenuptial agreement and later regret doing so. If you are already married but think having an agreement in place “just in case,” a Kane County, IL divorce lawyer can help guide you and your spouse through the process of establishing a postnuptial agreement.
What Is a Postnuptial Agreement?
To a large degree, a postnuptial agreement is almost the same as a prenuptial agreement, aside from the fact that it is signed after a wedding instead of beforehand.
Similar to a prenuptial agreement, a postnuptial agreement will aim to:
Why Should I Be Careful about Social Media Usage Before Divorce?
Social media is unquestionably a fact of life these days. People use social networks to connect with geographically distant friends and family, share milestones and view those of their friends, meet potential romantic interests, do some professional networking or collaboration, and a ton of other things. But be warned: anything you post online can be seen by anyone else who tries hard enough, which could affect your divorce. Suppose you are considering divorce and are concerned your social media conduct might influence your divorce settlement. In that case, you should speak with a knowledgeable Kane County, IL divorce attorney who can answer your questions and advise you on moving forward.
How Can Social Media Impact My Divorce Settlement?
Unfortunately, some people are willing to do anything they can to get the settlement they want, including lying and deceiving. They may try to paint the picture of an unfaithful spouse, someone lying about their actual wealth so they can seem eligible for receiving alimony payments or at least not be required to pay to the other spouse, someone unfit to care for children, and more. But with the ever-increasing popularity of social networks, people are constantly posting pictures online for the world to see. This means it is now much easier than it ever used to be to try to gather evidence of claims against someone. With easy access to personal information about other people, the claims have the potential to influence decisions in a divorce settlement. For example:
What Does the State of Illinois Consider Grounds for Divorce?
In the State of Illinois, the only reason that the courts will deem acceptable for divorce is something called irreconcilable differences since Illinois is a “no-fault” state. It does not matter if one spouse was disloyal, lied, or hurt the other. According to the State of Illinois, the only acceptable reason for divorce is irreconcilable differences, and in such a case, neither side is to blame.
Irreconcilable differences mean the marital relationship has broken down, and all attempts to reconcile have failed. If you are in Illinois, you have tried to reconcile with your spouse, and you can see that these attempts are futile, it could be an excellent time for you to speak with an experienced Kane County divorce attorney.
What Are Irreconcilable Differences?
In some parts of the United States, fault-based grounds are deemed acceptable in divorce cases. This means that if one spouse cheated, lied, hid assets, or did any other number of things found to be at “fault,” the divorce settlement would likely favor the other spouse. This could have implications for parental rights and responsibilities, child support, spousal support, and other factors in a divorce. In such a case, it might be in one side’s best interest to prove that the other side is guilty of wrongdoing to ensure a favorable divorce settlement.
What Is Involved in an Illinois Divorce Deposition?
Sometimes, a divorce can be finalized amicably through mediation. Some divorces are finalized by the spouses’ respective lawyers negotiating the various issues that need to be decided. Other times, in a highly contentious contested divorce, a deposition is used to help gather information before a court trial. If you believe a deposition is in your future, a Kane County, IL divorce attorney can explain what you can expect and guide you through the process.
What Should I Know about a Divorce Deposition?
A deposition is a way to get court-recognized testimony, out of the court. The sides have the opportunity to ask each other or other witnesses questions under oath, in the presence of a court reporter. The responses to these questions are recorded and can be used in court under limited circumstances.
In a divorce settlement, accurate information about each side’s debts, assets, income, and other financial information as well as information about each side’s parenting style, work demands, and schedules is crucial for determining a number of things:
How Can I Tell if My Spouse Is Hiding Assets from Me?
In a typical happy marriage, both spouses are open and honest with each other. But for many couples, this is not their reality. In many marriages, someone might suspect their spouse of infidelity, someone might feel they are married to the wrong person, and someone might think their spouse is hiding assets from them.
In a high-asset divorce, concealing assets is a fairly common practice. One reason for this is that the spouse hiding the assets is hoping not to need to share them with their ex in a divorce settlement. Another reason is there are common misunderstandings about what each spouse is allowed to do with their marital assets. Being married does not mean your spouse is entitled to whatever they want in your joint finances.
If you are considering divorce but suspect that your spouse might be hiding assets that you would legally have rights to in a settlement, a Kane County, IL divorce lawyer can guide you through this stressful period.
How Does a Couple Decide Who Gets Their Home in a Divorce?
When a couple goes through a divorce, there are countless things they need to agree about. Who will pay spousal support? What happens to the engagement ring? Will one benefit from the other’s pension? If they have children, they need to decide where the children will live and how often they will be with each parent. If the couple owns a home, they will need to decide who will become the sole owner of that home. If you are planning a divorce and are unsure of the future of your family home, a Kane County, IL property division attorney can answer your questions.
The Future of a Family Home Can Be Complicated
When a couple gets divorced, their home can become a point of contention. They may both want to stay in the home. They may both want to move away. It could be a source of painful memories, but at the same time, it can serve as a comfort for children who are familiar with it and seeking stability in a time of transition and change. Money can be divided, but a home can not, and if both spouses wish to keep it, property division can become a source of much stress and negativity.
Can I Appeal an Order of Protection Taken Out Against Me?
In the State of Illinois, accusations of domestic violence and abuse are taken extremely seriously by the courts. There are various steps victims of abuse can take to try to protect themselves and their children. An Order of Protection, commonly known as a restraining order, can be granted by the court to prohibit the alleged abuser from doing things such as physically going somewhere - in this case, their home. An Emergency Order of Protection is a specific type of protective order that can be granted almost immediately.
It is great that the local authorities will do whatever they can to protect the victims of abuse. Unfortunately, some people take advantage of these procedures and falsely accuse their spouse of abuse for their own gain. If you have been falsely accused of abuse and have an Emergency Order of Protection that is keeping you from seeing your children, an experienced Kane County, IL divorce lawyer can help guide you through this delicate and painful situation.
I Am Going to Be an Unmarried Father. Why Should I Establish Paternity?
When a married couple has children after they are legally wedded, their roles as parents are not typically called into question. If they later get divorced, their parenting rights and responsibilities are then divided up in the divorce settlement. If one parent violates the terms of the divorce settlement, the other parent will have ways to enforce the agreement.
If a child is born to unmarried parents, this can be more complicated. A single woman giving birth is automatically considered the child’s mother. However, the father of that child will need to prove that he is the father. If you are single, about to become a father, and want to make sure your parental rights are protected, a Kane County, IL paternity lawyer can explain the process of establishing paternity.
How Can I Establish Paternity?
Even though an unmarried father is not automatically recognized as a parent, he can legally prove his parental relationship. In Illinois, this is known as “establishing parentage”, and can be done in several ways:
My Ex Stopped Paying Child Support. Is There Anything I Can Do?
When parents are going through a divorce, one of the many issues that need to be worked out in the divorce settlement is child support. Married parents are free to manage their family finances in private. Once they get divorced, however, the court has the authority to mandate which parent needs to pay what amount and when.
When there is a plan in place for child support payments, both parents can arrange their finances around this. They know how much money they can expect to pay or receive from the other and how regularly. If one parent decides to simply stop paying, it can leave the other parent scrambling to cover costs related to their child. If you are a divorced parent and your ex has stopped making their child support payments, you should speak with a Kane County, IL divorce lawyer to figure out how best to proceed.
How Can I Get My Ex to Pay Child Support Again?
If your ex has stopped making their child support payments, it can put you in a stressful and uncomfortable situation. You expect to receive that money, and that is how you planned to finance what your child needed that month. While you may find yourself under financial pressure and you may feel frustrated or angry toward your ex, keep in mind that there are ways to resolve this.
As a Father in Illinois, Could My Parental Rights Be in Danger?
People used to assume that when a couple got divorced, most parental responsibilities would be granted to the mother. While the law varies by state, that is no longer the assumption. Today, these arrangements are based on many factors. If you are a father who is concerned that your spouse could get all or most parental responsibilities in a divorce settlement, an experienced Kane County, IL divorce lawyer can explain the process to you.
Parental Distribution of Responsibilities Has Changed over Time
Not so long ago, American society held some generally accepted views on gender roles in parenting. Fathers were expected to be the main breadwinners, going off to work all day to earn the money that the family needed. They were not generally as involved as their wives in raising their children, because they were busy making a living. It was also assumed that mothers would handle the child-rearing and household responsibilities. They were not expected to contribute to the family budget because they were busy dealing with the family’s non-financial needs.