Posted on December 08, 2020 in Family Law

Most people are familiar with the concept of a prenuptial agreement, if for no other reason than the media attention given to many high-profile marriages and divorces. Postnuptial agreements are not as well-known, but they are a viable option for many married couples when the partners have assets they wish to protect. Although they are not necessary for every marriage, it may be worth considering whether a postnuptial agreement is a good choice for you and your spouse.

What Can a Postnuptial Agreement Include?

Postnuptial agreements can address many of the same matters as prenuptial agreements, with the primary difference being that prenuptial agreements are established before the partners are legally married, while postnuptial agreements are established after. Some specific items that you may want to address in a postnuptial agreement include:

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 Posted on November 25, 2020 in Illinois Divorce

Infidelity on the part of one or both spouses is one of the most common reasons for a marriage to fail. If your spouse has been unfaithful and you are unable to work through it together, a divorce may be imminent, and it is reasonable to wonder how the infidelity might affect the divorce process. The answer may surprise you, but it can also help you prepare more effectively for your divorce.

Infidelity Is Not a Legal Reason for Divorce in Illinois 

Though a spouse’s unfaithfulness may be a major contributing factor, or even the most important factor, in your personal decision to get a divorce, Illinois is a no-fault divorce state in which irreconcilable differences are the only legally recognized grounds for divorce. This means that an unfaithful spouse will not be held responsible for causing the divorce, and the infidelity will not be considered by the court in any decisions regarding the division of property, spousal support, or the allocation of parental responsibilities. However, this does not necessarily mean that infidelity will have no impact whatsoever on the way your divorce proceeds.

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 Posted on November 19, 2020 in Illinois Divorce

Over the course of a marriage, a couple often accumulates significant property and assets together. However, the flip side is that they also often incur a significant amount of shared debt. In the event of a divorce, when the couple must transition from one financial entity to two, it is important to account for both assets and debts in the equitable division of property. This often makes for a complicated process, and it is important to understand how you may be affected if you and your spouse have to divide marital debt.

Common Sources of Marital Debt

The first thing you should know is that under Illinois law, marital debt can include not only loans that you and your spouse have taken out together but also many types of debt incurred by each of you individually during your marriage. Some of the most typical examples of marital debt include:

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 Posted on November 11, 2020 in Child Support

When a child’s parents are divorced or unmarried, child support is an important means of ensuring that the child’s needs are provided for financially. However, it is not always easy for a paying parent to fulfill his or her obligations, especially in the midst of financial hardship. If you are struggling to pay court-ordered child support for whatever reason, an attorney can help you explore your options and pursue the one that best meets your needs.

Child Support Obligations in Illinois

Since July 2017, basic child support obligations in Illinois have been calculated based on a proportional share of the two parents’ combined net incomes. This often helps to ensure that both parents are treated fairly and that child support obligations do not create an undue financial burden on either party. That said, you may still find it challenging to fulfill your obligation in the months and years following the initial court order.

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 Posted on November 05, 2020 in Illinois Divorce

When you are going through a divorce, you may feel that you have enough on your mind simply trying to arrange for a fair distribution of marital property and make the case for spousal support. Other financial implications of your divorce, like the way it can affect your taxes, may often slip through the cracks, leaving a lasting negative impact on your future. However, with the assistance of an experienced divorce lawyer, you can plan for the effects of divorce on your taxes so that your financial situation remains secure.

Tax Implications of Divorce in Illinois

There are many ways that your taxes can be affected by a divorce, so this is by no means an exhaustive list. However, three common ways that taxes can come into play during the divorce process include:

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 Posted on October 29, 2020 in Child Custody

Moving to a new location after your divorce can help to give you a fresh start, especially if you are pursuing a new opportunity for yourself or your children. However, in Illinois, many parental relocations require court approval to ensure that the best interests of your children and their relationship with their other parent are protected. If you are planning a move, you should make sure you know whether legal action is necessary, and consider how you can help the process go smoothly.

When Does Relocation Require Approval?

The reality is that after a divorce, one or both parents will have to find a new residence, and in many cases, these moves require no special approval. However, in Illinois, the distance of the move can make a significant difference. Specifically, state law requires approval for the following:

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 Posted on October 21, 2020 in Illinois Divorce

Although Illinois courts will do everything possible to ensure a fair and equitable resolution to a divorce, your finances will always be affected to some degree when marital assets are divided between you and your spouse. As you prepare to move forward with your life as a single person, it is important to make a plan to recover financially and ensure that you can support yourself and your children well into the future.

Strategies for Achieving Financial Stability

Securing your financial situation can start before your divorce and continue throughout the rest of your life. The approach you take may depend on whether or not you have any children. Some helpful suggestions include:

1. Prepare for the divorce process: Before you even begin the legal process of getting a divorce, you can plan for your financial future by taking stock of any non-marital assets that you may own and identifying your priorities regarding the division of marital property and spousal support. This is especially important when there is an imbalance in income between you and your spouse. Hiring an attorney can help you work toward your desired outcome. If you and your spouse have children, child support will be determined based on each parent’s net income in Illinois

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 Posted on October 14, 2020 in Illinois Divorce

Divorce can be difficult for anyone, but it may be especially devastating for stay-at-home parents, who devote their time and energy every day to the care and well-being of their family. As a stay-at-home parent, you may be concerned about how the divorce will impact your children, as well as how you will support yourself without the income of your spouse. As you prepare for your divorce and life moving forward, it is crucial to identify your priorities so that you can focus your efforts on the issues that are most important to you.

Divorce Issues Affecting Stay-at-Home Parents

Certain aspects of the divorce process may be especially important for stay-at-home parents. You may find it beneficial to keep the following at the forefront of your mind:

• Spousal maintenance: Spousal support is not guaranteed in an Illinois divorce, but you can make a case for your need based on a variety of factors. Stay-at-home parents often do not have a steady income of their own, and they may not have the work history or education necessary to solidify their individual earning capacity immediately after the divorce. Stay-at-home parents can also sometimes argue that they should receive support because they have made sacrifices in their own careers for the good of the family and the career of their spouse

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 Posted on October 07, 2020 in Illinois Divorce

Arguments over finances are a contributing factor in many divorces, and when money is already a contested issue, it can be concerning to consider that you and your spouse will have to divide your assets and debts as part of your divorce resolution. However, you may find it reassuring that not all property belonging to you or your spouse is subject to division. In Illinois, anything that is considered non-marital property will most likely stay with the person to whom it belongs.

Identifying Non-Marital Property

While you might take comfort in knowing that you can hold onto your non-marital property during your divorce, it can be a challenge to determine which assets and debts are considered non-marital. Under Illinois law, properties that are often defined as non-marital include:

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 Posted on September 22, 2020 in Illinois Divorce

The holiday season is often a time of family traditions and togetherness, and while it can bring great joy, it can also be hard for anyone who has recently gone through a divorce. Going from being married to being single is a major life transition, and it can take time to adjust to this new lifestyle. The thought of celebrating without your whole family intact can be sad and overwhelming, but as the 2020 holiday season approaches, it may help to consider some suggestions that can make it easier to bear, and maybe even help you enjoy the holidays again with new traditions.

Suggestions for Managing the Holidays After Divorce

There is no denying that the holidays will look different after your divorce, but that does not mean they have to be something you dread. You can better prepare yourself for the holiday season by considering the following advice:

• Address holidays in your parenting plan: Without a clear outline or schedule in place, the holidays can be a major source of conflict between you and your ex. When negotiating parenting time during the divorce process, you should specifically address holidays to make sure that each parent gets quality time with the children. You may decide that the best approach is to alternate years for important holidays, or you may agree on an arrangement that allows you to share time each year.

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