Unlike a prenuptial agreement, a postnuptial agreement is a binding agreement spouses enter into after they are already married. Postnuptial agreements have the potential to resolve a great many issues in a divorce before they can become issues. Postnuptial agreements can address property concerns, spousal maintenance, and other matters. It is important retain legal counsel when considering a postnuptial agreement so you can be confident you are entering into a favorable agreement.
Postnuptial Agreements in Illinois
Postnuptial agreements are often used to differentiate marital property from non-marital property. In a divorce, marital property is divided between the spouses and non-marital…
Continue Reading Benefits of a Postnuptial Agreement

A Guardian Ad Litem (GAL) is an attorney appointed by the court in a case involving children such as a divorce or child custody dispute. The GAL’s role is to investigate the circumstances of the dispute and determine what he or she believes to be the child’s best interests.. A judge’s decision to assign a GAL depends on numerous factors. Often, a GAL is appointed when the judge wants further information and professional insight in a case. Either party in a child custody case or divorce may request a GAL. 
A GAL is often assigned in contested cases involving allocation…
Continue Reading Guardians Ad Litem in Illinois Family Law Cases

It is far from uncommon for either spouse in a divorce to try and hide certain assets while both parties are still in the middle of determining their property’s value. Illinois is an equitable distribution state, meaning that assets in a divorce are split equitably, which might not necessarily mean equally.
The size of assets being hidden can vary, but it can be a good idea to take a closer look if you believe your spouse could be hiding assets. A further of an examination of certain factors can occasionally lead to a surprising finding.
Ways Spouses Hide Assets
Every…
Continue Reading Uncovering Hidden Assets During a Divorce

When a married couple knows their relationship is on its way out, divorce often seems like the only logical option. Legal separation is another type of separation you can file in court to recognize that you will now be living apart, but it does not have quite the same final effect as a divorce.
Legal separation can be particularly helpful for married couples who have important health insurance benefits dependent upon the couple remaining married. It can also benefit people who may belong to a religion forbidding divorce or who are just not sure whether divorce is quite right yet.
Continue Reading Understanding How Legal Separation Works in Illinois

Retirement funds and pensions can be some of the most valuable assets owned by a married couple, and ownership of these assets will need to be addressed during a divorce. In Illinois, these assets are subject to equitable distribution. This means that they will be divided fairly, but not necessarily exactly equally, between the divorcing spouses. When making decisions about these assets and taking steps to transfer or allocate funds between spouses, it is important to follow the correct procedures. A qualified family law attorney can provide invaluable guidance and ensure that a person’s rights and financial interests…
Continue Reading How Are Retirement Funds and Pensions Handled in an Illinois Divorce?

If you and your spouse have decided to divorce, you will be tasked with creating a child custody agreement that will work for both of you as well as for your child. You will want to make sure that you have a solid parenting plan in place so that there are stability and routine for your child during this time of transition. One issue that you may have to consider is whether the right of first refusal should be included in your child custody agreement.
The right of first refusal is the right of one parent to be given…
Continue Reading Should My Child Custody Agreement Include the Right of First Refusal?

In the past, most spouses resolved their divorces in court through litigation. It was frequently a strenuous process, even for those in less contentious relationships. Today, collaborative divorce techniques provide an effective alternative to divorce litigation. While amiability can be helpful in reaching a satisfactory compromise on each issue, it is not necessary. Even warring spouses can avoid the stress and cost of litigation by using alternative dispute resolution methods that do not require them to work together directly. Attorney-facilitated negotiation and certain styles of mediation can work well for those who cannot hold a civil conversation or tolerate…
Continue Reading Is Uncontested High-Conflict Divorce Possible?

When you have been married for a very long time, divorce can be a drastic change for you and your entire family. It can be challenging to go from being partnered to living solo after a long-lasting marriage. Yet for many spouses who divorce after decades of marriage, the divorce has been a long time coming. You may have felt that your marriage was no longer working out years ago, but delayed your divorce for a number of reasons. Some spouses wait until their children have flown the coop, or spend years separated without actually ending the marriage. 
There are…
Continue Reading Divorce Concerns for Long-Married Spouses

It has become a common trope in movies and music to portray a wealthy person who gets married and subsequently divorced losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.
Fair Does Not Always Mean Equal
Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according…
Continue Reading Understanding Marital and Non-Marital Property in an Illinois Divorce

As a divorced or single parent, you understand how challenging it can be to provide all the things your child needs to thrive. In an ideal situation, your child’s other parent would also be committed to helping, both financially and as an active participant in the child’s life. But what happens when you want to pursue opportunities that would force you to relocate to a new city or state with your child? Do you have the right to simply pick up and move? As with most issues of family law and co-parenting, the answer depends on the circumstances of your…
Continue Reading How Far Is Too Far to Move With My Child?

“Parenting time” is the term used to describe the time that a parent looks after his or her child. During a divorce or child custody case, the parents are encouraged to reach an agreement about how to divide parenting time. If the parents cannot agree, the court will make a determination based on the child’s best interests.
Illinois courts generally assume that it is best for children to spend time with both of their parents. However, when there are safety concerns, the court may order a parenting time restriction. Supervised visitation is one of the most well-known parenting…
Continue Reading Types of Parenting Time Restrictions in Illinois Child Custody Cases

In many family law cases, one of the most important issues that will need to be addressed is how parents will share the costs of raising their children. To ensure that children’s needs will be met, child support orders will usually be created as part of a divorce or child custody case. Children have the right to receive financial support from both parents, and child support orders will ensure that the parent who provides the majority of the child care will be able to cover various child-related expenses. By understanding how the laws in Illinois address these matters, parents can…
Continue Reading How Is Child Support Calculated in Cook County, Illinois?

While every marriage is different, and the paths that couples take will vary, experts have identified five signs that can show that a divorce may be likely. For many, it can be hard to see some of these signs without taking a step back to reflect. If you are considering a divorce but are unsure if the time has truly come, see if any of these red flags are appearing in your marriage.
Look for These Signs, Then Decide on Your Next Steps
It may be one or both partners who are causing marital strife, but the following challenges to…
Continue Reading 5 Signs Your Marriage May Be Headed Toward Divorce