Posted on March 29,2022 in Chicago divorce attorney

Prenuptial and postnuptial agreements are beneficial during a divorce. Many couples will choose to create a prenuptial or postnuptial agreement to protect their assets if the marriage does not work out. Prenuptial agreements and postnuptial agreements can address the division of assets, spousal support, and other financial matters. Despite the usefulness of many prenuptial agreements, there are still instances that a prenuptial agreement may not be upheld in court during your divorce.

How Can a Prenuptial Agreement Be Invalidated?

Courts usually uphold the agreements described in a prenuptial agreement or postnuptial agreement. However, there are still ways that a spouse can justifiably contest their prenup. There are a few core reasons the court could invalidate a prenuptial agreement:

• Hidden Assets — A prenuptial agreement may be invalidated if one spouse has hidden assets. Hiding assets is deceptive and can change how other assets should be divided. If one spouse did not disclose all of their property or debt, the agreements in the prenuptial agreement will be based on incorrect information.

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 Posted on March 25,2022 in Chicago divorce attorney

Divorces can be extremely difficult for all family members emotionally, physically, and mentally. However, divorcing a partner with a mental illness presents an entirely new hurdle for many spouses. When choosing to pursue a divorce with a mentally ill partner, there are many factors to consider, including how to approach the divorce, making custody decisions, and ensuring the safety of everyone involved. Couples in this complicated situation may hire legal counsel to help them through the divorce process . There are also other tips that individuals can follow when divorcing a partner with mental health issues.

Most Common Mental Health Issues

According to the National Institute for Health and Care Excellence, prevalent mental health disorders today include:

• Depression

• Generalized Anxiety Disorder

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 Posted on March 23,2022 in Chicago divorce attorney

In Illinois, the state focuses on ensuring that both parents of a child have protected legal rights. It is often assumed that mothers have most parenting rights over their children, but this is not always the case. The state assumes that both parents are adequately caring for their child, and so there are legal protections in place to ensure both parents have equal rights when it comes to parenting. If a couple decides to divorce during a marriage, both the mother and father have legal rights to custody, visitation, and parental decisions. In exceptional circumstances, parents can have their legal rights taken from them.

What Type of Parenting Rights are Protected?

Suppose custody is established, and that parent has not expressed an inability or disinterest in caring for that child. In that case, the parent has legal parenting rights. Typically, these rights are exercised during a divorce, separation, or a significant life-changing decision. The parental rights that are protected in the state of Illinois include:

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 Posted on March 16,2022 in Chicago divorce attorney

When creating an initial parenting plan, parents prepare for the future. It can be hard to tell what life will look like just a few months or years following a divorce. Parents may decide to relocate to a new city, remarry, develop new relationships, or extend visitation time with their kids. If you find yourself in a situation where you would like more quality parenting time with your children, you will have to modify your standing parenting agreement within your divorce decree. Knowing how to navigate the process of changing a divorce decree and how to utilize the resources available to you can help you succeed in your effort to increase visitation, or parenting time, with your family.

What is Divorce Decree Modification

Parenting plans outlining the allocation of parental responsibilities and parenting time are part of the comprehensive divorce agreement. Like all legal documents, parents are required to comply with the parenting plan. If there are changes that a parent would like to make, including increasing parenting time with their children, they must follow the modification process. As modifications are made to arrangements such as visitation or parenting time, other aspects of the divorce agreement may shift as a result, including spousal support or child support.

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 Posted on March 08,2022 in Chicago divorce attorney

All divorces can be complex. After being married for a certain amount of time, couples wind up having joint assets, which can be complicated to divide during a separation or divorce. Some divorces become increasingly complex as the assets divided between partners grow in value. If the quantity of assets needed to be divided is more significant than average or if the value of the joint assets is very high, individuals looking to divorce may need the help of an attorney with experience with high-value asset division.

What are Examples of High-Value Assets?

When dividing you and your spouse's joint assets during a divorce, it is essential to understand what constitutes regular and high-value assets. An asset in the context of divorce is defined as anything that has real value to the individuals. Typical assets that may be divided between spouses include:

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 Posted on March 01,2022 in Chicago divorce attorney

Each marriage has its own individual needs and unique dynamic, so there is no “one size fits all” solution to marital problems. While some couples decide legal separation is the right approach for their family, others believe divorce is the best decision. By understanding the difference between separation and divorce, couples can make an educated decision on what is best for them.

What is Legal Separation?

Separation refers to couples who are still married but choose to separate either geographically or financially from one another. Separation and legal separation are not the same things. When couples are legally separated, they make legally-binding agreements about child custody, property division, and other divorce matters but remain married.

Usually, couples that are separated live in separate homes. However, this is not required. Some couples will file for legal separation but choose to remain living together to help take care of the children or other familial responsibilities.

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 Posted on February 24,2022 in Chicago divorce attorney

Depending on the nature of a divorce, there are many different ways that lawyers and spouses can proceed with dissolving the marriage. Typically, an amicable divorce will stay out of the courthouse — lawyers can help manage the paperwork to file for divorce and divide each of the shared assets between partners. However, when a divorce is contested, lawyers may move to litigation in court. Despite preconceived notions on what divorce litigation may look like from television shows and movies, there are a variety of ways to litigate, or fight for a case, in court. By speaking to an experienced attorney, spouses can determine what type of divorce litigation is right for them.

Choosing to Litigate

Before diving into the types of litigation that are typical during a divorce hearing, it is important to understand why litigation is necessary for many spouses. There are two types of divorces in Illinois: uncontested and contested. An uncontested divorce includes spouses who are amicable and agree upon the division of shared assets, child custody, and other divorce issues during the dissolution. This would mean that the spouses can work together and sign all of the necessary paperwork without having to defend their decisions through the help of an attorney.

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 Posted on February 23,2022 in Guardianship

Adults over the age of 18 enjoy the privilege of making their own legal decisions. Whether this is the ability to consent, begin a line of credit or make medical and financial decisions, adult independence can feel freeing. However, there may also be a time in an adult’s life when making independent decisions is not in that person’s best interest. This can be due to illness, mental incapacity or disability. When an adult is no longer able to make significant decisions on their own, the state can appoint guardianship to a selected family member.

What is Legal Guardian?

When an adult is no longer able to make independent decisions, a family member or loved one can be appointed as a guardian to that person. Typically, guardians help make financial and medical decisions for another person. There are a few different types of guardianships in Illinois:

• Guardian of the Person— A personal guardianship is appointed by the court when an adult is no longer able to make decisions for their own care. This guardian will be able to make medical decisions including treatment, residential placements, or any medical or social services needed. For example, the guardian can decide when to place a loved one in assisted living or secure an at-home medical aid..

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 Posted on February 14,2022 in Visitation

Many changes occur during a divorce, including the relationships between all family members. The most common family dynamic change that is considered during a divorce is between the the spouses and children. However, divorce can also affect extended family relationships. In an effort to preserve the important bonds between children and extended family members, the state of Illinois allows visitation rights for some non-parental family members.

Who Can Get Visitation With the Children After a Divorce?

Certain non-parents are family members that are legally recognized in Illinois as having visitation rights with children after a divorce. The state understands that other family members may spend a significant amount of time with the involved children. This can include taking care of them while the parents are at work, picking them up from school, or providing for the children's needs. If a parent is denying visitation with a non-parental figure in the child’s life, that person may be able to get visitation rights through the court.

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 Posted on February 09,2022 in Divorce

To finalize a divorce, the court will set a decree that firmly outlines the terms of the divorce. These things can include who stays in the home, who gets the family heirlooms, and who gets the majority of parenting time with the children. It is illegal for a spouse to choose not to take part in their responsibilities outlined by the divorce order. If a partner decided they no longer wanted to pay child support, they would face legal consequences such as contempt charges. Similarly, it is illegal to prevent a spouse from being able to complete their responsibilities by preventing visitation with a child.

Visitation Rights and Your Illinois Parenting Plan

Each parent is entitled to parenting time (previously called visitation) and parental responsibilities as outlined in the divorce order. Typically, parents can come to a mutual understanding regarding a schedule that works for both of the spouses. However, if one of the spouses is deliberately sabotaging visitation time, they can be held legally responsible for violating a court order.

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