Posted on August 07, 2018 in Prenuptial & Postnuptial Agreements

Prenuptial and postnuptial agreements have long been considered taboo or unromantic. While it is probably close to one of the most unromantic topics you could discuss, divorce is a possible reality for any married couple. Entering into a prenuptial or postnuptial agreement can help you if you do decide to get a divorce somewhere along the road. Ironically enough, these kinds of agreements can also help you during your marriage, too, which is one of the reasons why they have become more popular.

What Is a Postnuptial Agreement?

Both prenuptial and postnuptial agreements are legal documents that can outline certain things in the event that a marriage ends in divorce. Unlike prenuptial agreements, which are signed prior to the marriage, postnuptial agreements are ones that are formed and signed after a couple is already married.

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 Posted on May 11, 2018 in Child Custody

The structure of the American family is drastically changing. Even though the majority of children are still raised in households with a married mother and father, that number has been decreasing over the years. According to the Pew Research Center, less than half of American children are living with both of their parents in their first marriage. Family structures in the United States have been changing and now include blended families with step-parents and children, parents who cohabitate and LGBT families. According to The Williams Institute, about half of LGBT women and a fifth of LGBT men are raising a child. The Case Recently, an Illinois court ruled that a woman has parental rights to a child that was conceived in her lesbian marriage. The woman’s former wife had sought a sperm donor to carry the child that was to be raised by the both of them. When the child was born, both parents identified themselves as co-parents on the birth certificate but split seven months after the birth. Even though the woman has no biological connection to the child, she was granted parental rights and partial custody of the child by a Winnebago County court. Determining Parentage Under Illinois law, a person is considered to be a parent of a child if the mother of the child and the person entered into a marriage, civil union, or other legal relationship before the birth of the child and the child was born during the time of the relationship. Using this law, the mother seeking parental rights in the case involving her non-biological child had a right to seek custody. Illinois Parental Rights Laws

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 Posted on February 08, 2018 in Finances & Divorce

Even if a person has spent hours considering their various options and weighing its impact on their future, the decision to divorce can still elicit heightened emotions of fear. Unfortunately, it happens that some spouses may attempt to influence how the other proceeds with the divorce by issuing threats that play upon those fears.

Responding to Threats

It is not unusual to want your divorce to end in a way that is mutually agreeable. It is even acceptable to think the final settlement should favor you if the marriage included some egregious acts by your spouse. However, when threats are issued it is important to respond in an appropriate and legally measured manner. Doing otherwise can result in negative repercussion and even severe sanctions. However, in most cases, the threats can be best categorized as empty bluster.

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 Posted on February 06, 2018 in Divorce

It is probably a safe bet to say that everyone who marries thinks that union will last forever. Why else would they bother? However, divorce is a fact of life, and there are a number of factors that play a part in the erosion and eventual dissolution of a marriage. Stress on a marriage comes from many sources, and a person’s job is among them.

Are You Working Toward a Divorce?

It has become known that workers in some industries experience divorce at higher rates than those in others. Whether it is the long hours, required travel or stress of the job that carries over to the homelife, the career someone chooses could impact the length of their marriage. Here’s a partial list of those lines of work that tend to experience higher than normal divorce rates.

The duties and responsibilities of first-line enlisted military supervisors place an unusual strain on a marriage. The added stress of deployment often adds to the unusually high rate of divorce among those in these roles.

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 Posted on December 05, 2017 in Divorce

The divorce process may be one of the most emotionally traumatic experiences of your life, as the relationship you once thought would last forever has ended. Dealing with the aftermath of your divorce while navigating the winter holidays can increase the stress and anxiety of rebuilding your life.

The Holidays Are Stressful Enough

Crowds at the mall, parking lots filled to capacity, family get-togethers and office parties are just some of the things that make this time of the year very stressful. The after-effects of a divorce can increase that stress level, but if you have some idea of what to expect then perhaps you can take steps to avoid adding to your anxiety.

• People like to talk about their families and what is happening in their life when they gather during the holidays. Send a brief note to family and friends that, although you appreciate their support, you would prefer not to focus on or discuss your break up.

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 Posted on June 26, 2017 in Finances & Divorce

One of the most common reasons for divorce, along with cheating, is financial issues. Studies show that couples who argue about money are more likely to split. If you are considering divorce and are wondering whether your financial future may be at risk, call our Illinois divorce attorneys before making any decisions about bank accounts.

What is the Percentage of Married Couples with Separate Bank Accounts? 

Although the number of married couples opening separate bank accounts is increasing (a TD Bank survey shows that 42 percent of couples have both individual and joint bank accounts), it remains taboo for spouses to maintain individual bank accounts.

However, there are several reasons that married couples should go against the grain and opt for separate bank accounts:

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 Posted on May 18, 2017 in Family Law

Spending a lifetime with our loved ones is a beautiful thought. Thinking about what kind of house you are going to buy, if you are going to have children, maybe even pets can bring warm and fuzzy feelings into your heart. Many people consider marriage as a way to solidify their connection with their loved one. However, that is not the only option. Civil Unions are a less common way to create a binding union between loved ones.

What is a Civil Union?

A civil union is a legal status much like a marriage. Civil unions provide many of the same legal protections that marriage does. One key difference, however, is the legal protections exist at the state level. Federal protections like tax breaks and Social Security benefits are not built into a civil union the way they are a marriage.

While marriage is recognized in all 50 states, civil unions are not. The only states that currently recognize civil unions are Illinois, New Jersey, Hawaii, and Colorado.

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 Posted on May 12, 2017 in Spousal Support

After a divorce, many people find out that there are certain evaluations about what they have contributed to the marriage financially that must be made. There can be circumstances where both the husband and wife work outside the home and share equal earning power. Another common scenario is where one party to the divorce primarily contributes time and energy to the development of the family and home while the other works outside of the home to primarily provide financial stability.

Alimony, which in Illinois is called maintenance, is the money that one spouse pays the other to ensure that both parties are situated in a financially equitable position after the divorce. The idea behind alimony is ensuring that one spouse is not unjustly enriched at the expense of the other spouse.

When Is Alimony Ordered in the Divorce Process?  

Illinois law dictates that a judge can order either party to pay alimony or maintenance while the divorce is proceeding. However, an order for alimony can also be entered in the final order or during an appeal that’s filed after the divorce has concluded.

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 Posted on April 06, 2017 in Child Custody

A divorced, separated, or unmarried parent should never feel like a stranger in the life of his or her child. For many parents, however, that was often their reality as Illinois—like many states—used to refer to their time with their children as "visitation." A parent who is seen as a "visitor," rather than integral part of the child’s life, could experience a variety of problems, including a lack of parental authority and the appearance of not being fully committed to his or her child’s best interests.

Last year, however, an amended law took effect which proved that Illinois lawmakers recognized the struggles of many divorced parents. The new law was an effort to "level the playing field" so to speak between parents with different levels of parental responsibilities.

Visitation Is Now Parenting Time

In a recent post on this blog, we discussed the recent changes in the law regarding child custody. That blog focused on significant decision-making responsibilities, but it mentioned that parenting time is also a primary consideration for parents and the courts during a divorce. The concept of parenting time replaced the old understanding of parental visitation, and the change in terminology more accurately reflects the situation of most divorce, separated, and unmarried parents. No parent deserves to automatically be treated as an outsider, and the new law is a big step in the right direction.

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 Posted on February 24, 2017 in Child Custody

Allocating parental responsibilities often involves more than just parents and children. Grandparents and other family members often play a critical role in a child's life. For this reason, Illinois low allows grandparents to seek court-ordered visitation rights with a child.

It is important to understand that the law presumes that a parent is fit to make decisions regarding their child. This includes where and when to let a grandparent visit. If, however, the grandparent can prove to the court that the parent's denial of access is both unreasonable and harmful to the child's "mental, physical, or emotional health," a judge can override the parent after considering a number of factors.

Court Holds Oral Visitation Agreement Unenforceable in Illinois

But what about cases where a parent has severed their legal parental rights by consenting to their child's adoption? Can the grandparents still seek visitation rights? An Illinois appeals court recently answered that question in the negative.

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