Posted on April 19, 2022 in Child Custody

One of the toughest but most important parts of an Illinois divorce is creating a parenting agreement that suits both parents’ needs as well as the children’s best interests. Parents must often get creative and curious when creating a parenting plan because both spouses are sure to have strong opinions about what is likely to be the best arrangement.

An important part of every Illinois parenting time arrangement is the right of first refusal - or, in other words, the obligation either or both parents have to seek child care from each other rather than a third party under certain clearly delineated circumstances. If done well, the right of first refusal can benefit children as well as divorced parents. Here are three ways your kids might benefit from a great right of first refusal clause.

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 Posted on April 11, 2022 in Illinois Divorce

Couples have to make many difficult decisions throughout the divorce process, including division of shared property, determining child custody and parenting time, and choosing who will remain in the family home. These choices present a challenge for many spouses, and the process of reaching a mutual decision is often contested. However, once couples have made a joint decision on all of the necessary factors following a divorce, there is another process to follow before the marriage can be fully dissolved. Couples must develop a Marital Settlement Agreement and prepare for a conference with their spouse.

What is a Marital Settlement Agreement?

After all of the difficult decisions have been made and agreed upon, couples must solidify the information in what is known as a Marital Settlement Agreement, also called an MSA. This agreement outlines all pertinent information that will make up the divorce decree, a legally binding document that expresses all of the required actions following the divorce. The MSA will include:

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 Posted on April 05, 2022 in Illinois Divorce

Going through a divorce can be both complicated and frightening for many couples. Choosing to dissolve a marriage is emotionally taxing, and the complex legal proceedings can leave some individuals feeling lost — especially stay-at-home spouses. It may seem to be common knowledge that the partner in a relationship who is the primary caretaker will be awarded more assets during the divorce. However, Illinois places a firm emphasis on an equal division of property between both partners. If you are a full-time parent or homemaker preparing for divorce, here are three financial factors to consider.

Requesting Spousal Support

Spousal support, maintenance payments, and alimony refer to the same concept — creating an income stream for the stay-at-home spouse following the divorce. When an individual does not have the means to be financially independent of their spouse, divorce can seem like a distant option. However, spousal support can provide monetary security for the home-based spouse. Spousal payments may be awarded if:

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 Posted on March 31, 2022 in Illinois Divorce

Divorce judgments, also known as divorce decrees, are made during a marriage dissolution. These legal documents are intended to give ex-spouses a guideline for how their joint assets will be divided and allocate spousal and parental responsibilities. However, there are situations where an individual believes the court made a grave error in a decision made during a divorce proceeding. These errors can cause distress to a spouse or parent who feels the court ruled improperly. In Illinois, citizens have the right to appeal a final court ruling that has been implemented.

Valid Reasons to Submit an Appeal

It is essential to have a valid reason in the appealing process of making a change to important legal documents. Various circumstances could yield a good reason to appeal a decision. For example, if the court rules that one parent should not have visitation time with the children without understanding all of the evidence, that parent has the right to appeal that ruling. A spouse can not legally appeal a court decision simply because they are dissatisfied with the result of their case. There must be a legitimate legal flaw in the case, which could include:

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 Posted on March 27, 2022 in Child Custody

Divorcing your spouse is tough and comes with many complex decisions, especially if you share children. If you and your spouse are both active parents in your children's lives, it can be hard to determine custody when splitting up the family. Often, this can lead to a contested divorce where partners can not agree on how to divide parenting time and custody. If you are currently dissolving your marriage with your partner and find yourself in a sticky situation disputing custody, these five tips may help you.

Think About Your Parenting Strengths and Weaknesses

Parents must try to remain neutral when thinking about custody by keeping the children's best interests in mind. Parents should think about their own strengths and weaknesses and determine what would be best for the children. For example, if your spouse is way more active with the kids, but you are more of an authoritarian parent, consider letting your spouse parent over the weekends while you manage school days. Being honest is the best road to follow during a custody dispute.

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 Posted on March 16, 2022 in Family Law

When preparing for marriage or divorce, both spouses may decide to protect their assets through prenuptial or postnuptial agreements. By creating documents that outline the division of assets in the case of divorce, couples may be able to prevent highly contested divorces. These documents are in both parties' best interest because collaborative divorces are typically faster and less expensive than contested divorces. If you and your spouse are planning your marriage and how assets would be divided in the case of divorce, it would be in your best interest to discuss your plans with an experienced family law attorney.

Prenuptial vs. Postnuptial Agreements

As indicated by the prefix of each word, prenuptial agreements are drafted before marriage, whereas postnuptial agreements are drafted after a marriage. There are a few reasons that couples may decide to draft these agreements. Firstly, having a prenuptial or postnuptial agreement can help protect independent finances for each spouse. It can also declare which assets belong to a corresponding spouse. In the case of separation or divorce, this can prevent court litigation over contesting belongings, finances, and other assets. Prenuptial and postnuptial agreements typically include who will retain the home, how joint finances and businesses will be divided, and how other material assets will be divided.

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 Posted on March 09, 2022 in Illinois Divorce

When becoming involved in any legal proceeding, it is essential to understand all of the terminologies used in your case. This can be difficult for many people as their case becomes increasingly complicated. During a divorce, there are many steps that must be taken to dissolve a marriage fully. In the scenario that a divorce is contested or becomes complex, new language between attorneys and judges may appear, such as dissipation of assets. To fully understand your divorce case, advocate for yourself, and ensure your legal rights are protected during the divorce, it is vital to understand dissipation and how it may affect you.

What is Dissipation in Divorce?

Dissipation is defined as the squandering or wasting of money, property, or other essential resources. Dissipation in divorce can happen in many ways, but it has one underlying theme — a partner using shared assets for an individual benefit during the divorce. Too often, when dividing marital assets during a divorce, a lawyer or the other partner will uncover hidden or squandered assets.

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 Posted on February 28, 2022 in Illinois Divorce

Divorces are hard, and it can be even harder to part with some of the assets you collected over the course of a marriage. Spouses choosing to file for a divorce will have to divide their shared property, which can be a highly volatile situation if the partners are unwilling to agree. It is important to be okay with parting with some of the assets you have come to love such as your house, the flat-screen TV or even the car your spouse bought for you when dividing marital assets during a marriage dissolution. But, how do partners agree upon who keeps the dog?

Shared Marital Property

After a while, pets become another member of the family. Your kids love them, you catch your so-called pet-hating spouse throwing the ball for them, and you even find yourself cuddling with them from time to time. Dividing property during a divorce is incredibly difficult. But how do you divide up another member of the family?

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 Posted on February 21, 2022 in Illinois Divorce

The decision to file for a divorce from your spouse can be a difficult process. Most couples try to make their marriage work by seeking out help from professional experts, implementing new communication strategies or attempting alone-time during a separation. However, if a marriage is no longer healthy or suitable for a couple, the spouses may decide it is time to file for a divorce. Despite media portrayals, divorces can be an easy process if the decisions are uncontested. It is in both spouses’ best interests to create a divorce checklist prior to filing for a divorce to make the process easy and fast for everyone involved.

What Does the Divorce Process Look Like in Illinois?

Divorces in Illinois are no-fault divorces, meaning that there is no at-fault party. So, even if your spouse was unfaithful or unpleasant during your marriage, this information is not seen as relevant when creating a divorce decree. Instead of gathering documents and proof of infidelity, mistreatment, or misunderstanding between you and your partner, it would be much more time-efficient to begin gathering all of the required documentation needed for a swift, amicable divorce.

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 Posted on February 17, 2022 in Family Law

Premarital agreements are legal agreements between a couple prior to their marriage. Within a premarital or prenuptial agreement, many couples will lay out individual rights and responsibilities that each spouse will have during the marriage. These agreements are extremely useful in high asset marriages to help dictate property agreements and have proven to be useful if a marriage comes to an end. Engaged couples who are looking to create a prenuptial agreement before their wedding date should reach out to an experienced family attorney who is prepared to help navigate this process.

Reasons to Create a Prenup

Prenup agreements are most commonly portrayed in the media as contracts created by rich families to ensure their wealth stays in the family in case of a divorce. However, there are a plethora of reasons that couples decide to create a legal premarital agreement prior to their wedding. Typically, the reasons are unique and personal to each couple. There are often overarching themes in the reasons. Here are some of the most useful reasons to create a prenuptial agreement in the state of Illinois:

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