Posted on January 15,2024 in Family Law

When a married couple splits, their divorce settlement must cover several topics. Their division of marital assets, spousal support, and the future of their marital home are just a few. When couples begin their divorce proceedings already equipped with a prenuptial agreement they signed before they ever got married, it can make everything go much smoother and quicker. Couples who never signed a prenup but realize once they are already married that it might have been a good idea often sign something very similar, a postnuptial agreement. If you are married and wish you had signed a prenup, you should speak with an Aurora, IL divorce lawyer to discuss whether a postnuptial agreement might be advisable.

What Is a Postnuptial Agreement?

When people get married, they merge their lives together. They live together, plan together, and accumulate assets together. Many couples have a happy, healthy marriage and stay together for the rest of their lives. However, because it is a known fact that many marriages end in divorce, some people choose to prepare themselves “just in case” it happens to them too. A prenuptial agreement is almost like a contract signed before the marriage begins that will only be enforced if the marriage ends. 

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 Posted on January 09,2024 in Divorce

People alive today have access to technology that could not have been imagined only a couple of generations ago. The internet helps people find and purchase items they need, enjoy entertainment, and even find potential love, all at the click of a button. However, hardly anything that people do or post on social media can be kept private, and total strangers can see political expressions you make or pictures of you doing things you may otherwise prefer not to be public. This can be especially important to keep in mind when you are in the midst of a divorce for several reasons. If you are getting divorced and have questions about how your social media usage might affect the outcomes, an Aurora, IL divorce attorney can help find the answers.

Can My Activity on Social Media Truly Impact My Divorce Settlement?

Often, people who are going through divorce want to portray themselves as upstanding citizens. If they have children and want to be granted full or primary custody, they want to ensure they appear as responsible parents who can provide a stable and safe environment. If they want to ensure high child support payments, it would be good for them to seem financially weaker than their spouse. If they want to try to avoid paying alimony/spousal support, they might want to downplay their wealth. But the courts will not simply accept their word as fact; things posted on social media can serve as proof of reality.

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 Posted on January 04,2024 in Aurora Family Law Attorney

When a baby is born in Illinois, the mother who delivered that baby is automatically recognized as the mother. If she is married at the time of the birth, her husband is automatically considered the father without needing to show any proof. If she is not married at the time of the birth, no one is automatically recognized as the baby’s father.

Establishing paternity, or being legally recognized as the father, has a lot of implications for the parents and the child. Once established as the father, this man will now have legal obligations as well as legal rights related to the child. If you are about to become a father and you are not married to the mother, you might have questions about what you should do. An experienced Kane County, IL paternity lawyer can provide answers and guidance.

I Know I Will Support My Child, So What Difference Does Paternity Make?

When parents go from being married to being single, they generally go through a formal process like divorce or civil separation. As a result, they will have legally binding arrangements for everything related to how they will now raise their children as they enter a new chapter in their lives. A settlement officially ending their marriage will need to include information about how the parents will divide their parental rights and responsibilities, including the specifics of where the child will live, which parent the child will spend which holidays with, and decisions that might require both parents’ agreement.

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 Posted on December 27,2023 in Divorce and Holidays

While most people are greeting one another with “Happy Holidays,” there are some couples who are feeling not-so-jolly this season. The holiday season is meant to be a cheerful and joyous time to spend with family and friends. Unfortunately, not everyone feels the holiday spirit and may be experiencing more stress than bliss. The stress can be so overwhelming that it leads to divorce or separation once the festivities die down. An attorney can be an empathetic ear when thoughts of divorce plague your mind, serving as a guide and legal counsel on how best to approach the divorce process.

Reasons For a Holiday Divorce

Contemplating divorce on or around the holidays is much more common than you would think. January sees many couples spiraling as the holiday cheer turns to cold, bleak resentment. Often, couples waver in their commitment to one another long before the holidays arrive and simply choose to hold onto a marriage until the holidays come to a close.

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 Posted on December 21,2023 in Divorce

In Illinois, debt is considered when dividing marital assets during divorce proceedings. The amount of debt one spouse receives over the other is determined by multiple factors, which include:

• The specific needs of each spouse
• How long the marriage lasted
• What marital assets each spouse is already receiving

Illinois being an equitable distribution state means that the debt will be split relatively rather than 50/50. It is a good idea to know exactly what debt is yours in marriage before you reach this part of the divorce process. When one spouse is not being forthcoming about how much debt they have accrued during the marriage, contact a divorce attorney.

Marital Assets

All property acquired over the course of your marriage is considered marital property. This includes debts as much as it does assets. The only property that is legally yours and considered a non-marital asset would be any non-commingled property you owned before marriage, anything declared in a premarital agreement, gifts or inheritance, and premarital debt.

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 Posted on December 19,2023 in Child Support

Child support is oftentimes necessary after a divorce for the parent who is awarded the most parenting time. More time with the child often equates to more financial expenses for the child, so it only makes sense that the parent with less parenting time helps support the other. After all, it is only until the child turns 18 years old before child support ends, right? Well, only in some situations. Some circumstances could see one parent continuing child support payments even after their child is an adult. A more in-depth and beneficial discussion on child support can be had by reaching out to an experienced family law attorney.

Reasons a Non-minor Child May Still Require Child Support Payments

Depending on the circumstances, child support may be required long after a child has reached adulthood. According to the Illinois court, the three most common reasons include:

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 Posted on December 14,2023 in Child Support

Modifying child support is not a daunting task. The support amount received is based on the current parenting time schedule and the incomes of both parents. During a motion to modify child support, both parents are obligated to exchange affidavits to clarify income earnings over the last two years. New child support payments can then be calculated using this information and how many overnight stays a child spends with each parent. An attorney can help you calculate your potential child support payments and help file for a child support modification if necessary.

Child Support Deviations

Deviations in child support are when the amount entitled goes up or down in total and will depend on many factors, including a judge’s discretion. Parents will often argue that child support is too much or not enough, and a court will decide if either is true when considering a modification. Each modification is evaluated on a case-by-case basis and is considered binding until another motion for modification is filed.

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 Posted on December 12,2023 in Allocation of Parental Responsibilities

Following a divorce, the holidays may not feel as merry as they once did. While everyone around you seems so cheery, internally you may be struggling with the change and how best to cope.

Recovering from a loss during the holidays can seem impossible. It may even feel like you are going backward rather than moving forward and, if you let it, could seriously throw your life off track. Thankfully, there are some things you can do to help you stay focused and get through the holidays relatively unscathed.

You can always turn to your lawyer for additional tips following a divorce. They have likely helped countless clients with the same struggles, and their advice could be invaluable to your situation.

Embrace Your Reality

Do not waste time pretending that the holidays are not more difficult this year. Valuing your feelings and understanding that you can get through it is okay. Even while others may enjoy themselves, you do not have to participate if it worsens things. You can choose to completely ignore the holidays if possible. Or you can decide to go all out for the holidays, ringing in the new year with a new you. Just do not allow the thoughts of what once were and will no longer haunt your holidays this season. Instead, allow the ghosts of past, present, and future to be someone else’s problems.

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 Posted on December 06,2023 in Allocation of Parental Responsibilities

Child custody cases in Illinois following a divorce are known as the allocation of parental responsibilities. The change in Illinois law removed terms such as joint custody, sole custody, and visitation from the statutes. Instead of child custody, the courts allocate parental responsibilities, including significant decision-making rights and parenting time. A lawyer can help you with any questions regarding the allocation of parental responsibilities and other concerns that will arise during divorce proceedings.

Why The Allocation of Parental Responsibilities?

The state wanted to create more flexibility in family situations and recognize the role both parents play in the development and care of their children. Instead of a laundry list of terms, Illinois enacted two types of parental responsibilities for allocation:

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 Posted on November 29,2023 in Divorce

After a divorce, you may qualify for your spouse's Social Security benefits. However, you can only choose between your own and your ex-spouse's; you cannot receive benefits from both. You can receive 100 percent of your benefit or 50 percent of your spouse's. You will also need to check a few boxes before the state will allow you to qualify. You should contact an experienced divorce attorney for additional information and some guidance.

The Requirements for Collecting An Ex-Spouse's Social Security Benefit

When one spouse earns substantially more throughout a marriage, it means they are likely looking to receive a larger Social Security benefit. However, the other spouse may not have access to the same benefits for themselves after a divorce. Social Security benefits cannot be divided by a divorce judge, garnished by creditors, or used to satisfy debts. For the lower-earning spouse to be able to receive 50 percent Social Security from their ex-spouse:

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