Posted on July 22,2020 in Family Law

Married couples can create a postnuptial agreement to predetermine what would happen if they eventually divorced or in the event of one spouse’s death. Postnuptial agreements are not, however, required to discuss every aspect of separation. Although the process of creating a postnuptial arrangement is fairly uniform, you and your spouse have the flexibility to focus your legal agreement on particular areas of your life. If you and your spouse are interested in drafting one, you can cater the legal document to pertain to your interests, assets, and finances with the help of an experienced attorney. 

Topics Couples Tend to Focus on in Postnuptial Agreements

Continue Reading ››

 Posted on July 13,2020 in Divorce

A divorce decree is legally binding and neither spouse is allowed to violate its terms. If your spouse does not abide by the agreement settled on during mediation or by a judge’s ruling, it is vital to work with a divorce attorney to clarify and resolve this conflict. Since there are many aspects to a divorce, there are different ways a spouse can violate a court order and each violation can carry different consequences. There is no one-size-fits-all punishment for violating the terms of a divorce.

Enforcing an Illinois Divorce - Contempt Proceedings

In general, when someone violates a court order, he or she is held in contempt of court. A spouse’s willful neglect to make child or spousal support payments, failure to comply with a parenting time order, and the refusal by one spouse to give specific assets to the other as stated in the divorce decree are all examples of violations. If your ex-spouse violates the terms of your divorce, you can file for contempt proceedings.

Continue Reading ››

 Posted on June 30,2020 in Division of Assets

If you are an animal lover, you may have serious concerns about what will happen to your pet after your divorce. For some divorcing couples, deciding who gets to keep the family pet is easy. If one spouse was the main caretaker of the pet or he or she had the pet prior to the relationship, it makes sense that he or she would retain ownership of the pet(s). However, when both spouses want to keep the pet or one spouse insists on keeping the pet simply to hurt the other spouse, the situation becomes much more complicated.

Options When Divorcing Spouses Disagree About Pets

Pets are considered property according to the law and are therefore subject to equitable distribution. If a spouse obtained a pet before getting married, it may be considered a non-marital asset and assigned to the spouse who originally owned the pet. However, if the pet is considered a marital asset, each spouse may have an equal claim to the animal. Your dog, cat, horse, or other pet is probably like a member of the family to you. Because of this, discussions about who should keep the pet can become quite heated. Collaborative law and mediation are two methods of alternative dispute resolution during which spouses work to negotiate issues such as property division. If you are struggling to reach an agreement about pets and other issues, you may want to consider pursuing one of these dispute resolution options.

Continue Reading ››

 Posted on June 25,2020 in Child Custody

Unmarried and divorced parents have a legal right to parenting time with their children. However, if the court finds that a parent’s involvement in a child’s life puts the child in danger or has a negative effect on his or her wellbeing, the parent can lose this right. One issue that can sometimes lead to the loss of parenting time is parental alienation. Parental alienation occurs when a parent or other family member attempts to destroy the relationship between a parent and a child.

Turning a Child Against His or Her Parent

Sharing a child with someone you used to be in a relationship with can be a very challenging situation. Parents may hold grudges against each other and harbor resentment because of disagreements that happened while they were in a romantic relationship. Some parents may also feel bitterness toward their child’s other parent because they do not want to be away from their child during the other parent’s parenting time. Whatever the reason, the tension between parents can have a major impact on children’s mental wellbeing. When a parent makes an intentional effort to break down the relationship between their child and the child’s other parent, this may be considered parental alienation. Actions such as refusing to share essential information about the child with the other parent, telling a child that the other parent does not love them, or using lies to convince a child that the other parent is evil may cause a child significant psychological harm.  

Continue Reading ››

 Posted on June 22,2020 in Divorce

If you have decided to divorce and started the process of researching your options, you may feel as if you are being bombarded with unfamiliar legal terms. Many people who divorce have never been involved in a legal dispute or even stepped foot inside of a courtroom before, so it can understandably be overwhelming. One aspect of divorce that people often have questions about is divorce “discovery.” The discovery process involves each party and his or her respective attorney obtaining information and evidence from the other party. This fact-checking portion of the divorce process is an essential part of ensuring that the divorce settlement or judgment you receive is based on accurate and complete information.

What is Involved in Divorce Discovery?

Continue Reading ››

 Posted on June 04,2020 in Divorce

According to the National Survey on Drug Use and Health, nearly 20 million Americans suffered from a substance abuse disorder in 2017. If your spouse has a drug or alcohol addition, you know just how quickly a substance abuse problem can take over a person’s life. An expensive drug or alcohol problem can also cause people to make impulsive and destructive financial decisions. When divorcing a person with a substance abuse problem, it is crucial that you take steps to shelter your assets from misuse. There are several different protections that you can put in place that will help prevent your property from being used to further your spouse’s addiction.

Financial Restraining Orders

When most people hear the term “restraining order,” they think about a protection order for victims of domestic violence. A financial restraining order, however, is a different type of court order that freezes marital assets from being misused during divorce. The order may prohibit both you and your spouse from selling marital property, closing bank accounts, limiting the other spouse’s access to an account, changing beneficiaries, and more. Typically, a temporary financial restraining order lasts only 10 days. However, you can request a longer protection period by attending a court hearing and explaining your reasons for seeking financial protection.

Continue Reading ››

 Posted on May 27,2020 in Spousal Maintenance

Depending upon the circumstances surrounding your marriage and divorce, you may feel that you should be entitled to spousal maintenance payments from your ex-spouse. Unlike child support, spousal support is not presumed to be appropriate in every situation. Instead, Illinois law requires each case to be weighed on its own merits to determine if the need for such supports actually exists. This means that, if you think you deserve to receive maintenance, you may need to explicitly request consideration for it.

Marital Misconduct Not a Factor

Unless you and your spouse included behavior clauses in a prenuptial or postnuptial agreement, the court will not consider the conduct of either party when deciding whether to award maintenance. While your spouse’s behavior may leave you feeling like he or she owes you some type of restitution, the law in Illinois specifically prohibits marital misconduct from being a factor in maintenance proceedings. Spousal support is meant to help you meet your financial needs and obligations. It is not intended to be used as a punitive measure against your spouse.

Continue Reading ››

 Posted on May 22,2020 in Divorce

If your spouse suffers from narcissistic personality disorder, borderline personality disorder, or another type of personality disorder, you may have concerns about how he or she will respond to divorce. Ending a marriage can be extremely difficult no matter the circumstances, but when a spouse suffers from a mental illness, the situation can be particularly stressful. You may encounter legal obstacles during the divorce process that are nearly impossible to manage on your own. Fortunately, a divorce lawyer experienced in handing cases involving mentally ill spouses can help you navigate this tricky situation.

Protect Your Finances  

Sometimes, a mental illness like a personality disorder manifests in impulsive behavior. This may include going on shopping sprees or spending money through a gambling addiction or substance abuse problem. There are a few different ways that you can protect your finances before the divorce process is initiated. If you are not quite ready to divorce or you suspect the divorce process will take a considerable amount of time, you may want to obtain a legal separation.

Continue Reading ››

 Posted on May 15,2020 in Child Support

For many individuals, it takes a divorce to highlight just how financially dependent a person may be on his or her spouse. This, of course, may be all the more true if you are also trying to raise children. It is for exactly such reasons that the divorce laws in Illinois include provisions for spousal maintenance and child support. These orders are issued, when appropriate, by the court to distribute the financial burden more equitably between you and your ex-spouse. But, what would happen if your ex-spouse was no longer around to provide support for you or your children? Would you be able to get by? If the answer is no, you may want to speak with family law attorney about including life insurance requirements in your divorce agreement.

Why Life Insurance?

A life insurance policy is designed to pay financial benefits to the named beneficiaries of a insured individual upon the insured person’s death. These funds are often used to cover funeral costs, pay down debts, or to simply maintain a similar lifestyle. Married individuals will commonly name their spouse as the primary beneficiary to help provide a level of security in the event of their death.

Continue Reading ››

 Posted on May 07,2020 in Spousal Maintenance

In some divorce cases, one of the spouses is entitled to spousal maintenance, or alimony. Maintenance is typically ordered when one spouse is left at a significant financial disadvantage by divorce or when a valid prenuptial agreement stipulates spousal maintenance arrangements. Whether you are a payor or recipient of spousal maintenance, you may have many questions about how long payments will last. Spousal maintenance is often temporary, but there are some cases in which long term or permanent maintenance is ordered. Read on to learn more.

Spousal Support Laws in Illinois  

When determining whether spousal maintenance is appropriate, Illinois courts consider several factors including but not limited to:

• The length of the marriage
• The standard of living established during the marriage
• Each spouse’s income and assets

Continue Reading ››