Posted on December 29,2023 in Family Law

Understanding what makes a premarital agreement such a significant investment is essential for any couple looking to tie the knot. Regardless of whether or not you plan to have a premarital agreement, it is still important to know how they can benefit you and how to go about creating one. How you present a premarital agreement to your partner is up to you. However, an attorney with experience in premarital agreements can help you draft one.

What is a Premarital Agreement?

The premarital agreement is what is most commonly referred to as a prenup. It is a legal agreement signed by both parties before getting married. A prenup will most often cover various issues in the case of a divorce, including:

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 Posted on December 08,2023 in Divorce

The primary difference between a legal separation and a divorce is that a divorce will allow you to remarry should you choose to do so. Without a divorce to terminate the marriage, the ability to remarry is off the table for both parties. A legal separation also has no time limit, whereas once a divorce goes through, it is final. If you are facing the decision between a legal separation or divorce, an experienced Illinois attorney can help figure out your best option and represent you at trial if necessary.

Advantages of Legal Separation Over Divorce

A legal separation may be the better idea for couples who are unsure if divorce is the final answer. A trial separation is also a possible option but has no legal ramifications. Some couples are profoundly religious but cannot see their differences being reconciled. As such, a legal separation may be their only option. Other couples may find it possible to reconcile, so they do not want to make the break permanent.

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 Posted on November 29,2023 in Divorce

Even couples who have spent years locked in holy matrimony can one day have a change of heart. Gray divorce, which refers to divorce over the age of 50, has been on the rise since 1990 and looks to continue that trend well into 2030. This is in large part due to longer life expectancies. Couples of any age looking to divorce should speak with an experienced attorney.

What is Gray Divorce?

Gray divorce is the trend of older couples in long-term marriages who wish to divorce. The couples are usually in their 50s, 60s, or older, and researchers attribute it to a generational divide where the value of marriage differs.

Reason 1: Divorce Stigma

The stigma surrounding divorce is not as prevalent as it once was. Women have more autonomy now, and those who are not so happy within their current relationship are stepping out on their own. Sometimes, older couples simply fall out of love but stay together for the children or because they feel an obligation to the bonds of marriage.

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 Posted on November 08,2023 in Divorce

Divorce, whether contested or uncontested, can be overwhelming and complicated. The best thing you can do is prepare for it properly. Your attorney will require a few documents to represent you in the best way possible. Having everything readily available is a good idea to help move the process along faster. However, you may also want to consider a few things before you decide to file for divorce.

Before You File For Divorce

If reconciliation is possible, it may be in your best interest to first seek out a marriage counselor to see what can be salvaged. A divorce is final and should only be seen as a point of no return. Following that, get yourself a skilled lawyer experienced in a divorce of your caliber—someone who can handle high-asset divorce, high-conflict divorce, or maybe even collaborative law if applicable.

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 Posted on October 25,2023 in Divorce

In a nutshell, the discovery process is the investigation phase that follows the filing of divorce or allocation of parental responsibilities. It provides both parties with full transparency of information that neither side may be privy to. Both parties must exchange information about finances, asset values, debts, and other important aspects of the case. A battle-hardened attorney with experience in contested divorce cases is a strong weapon to wield in these situations.

5 Methods of Discovery

The discovery process uncovers evidence and proof for divorcing couples to use in contested issues. There are five methods that an attorney can use for discovery:

• Request for Admissions
• Subpoena Duces Tecum

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 Posted on October 10,2023 in Divorce

It is illegal to hide assets when initiating a marriage and during the divorce process. Thankfully, there are many things you can do to sniff out hidden assets and ensure that you receive a fair settlement. You should take quick action to protect your financial interests following a divorce. The best course of action is to talk to an experienced divorce attorney. One who can help you develop a plan to find potential hidden assets and provide evidence of your findings to the court.

What are Hidden Assets?

The simple answer would be that hidden assets are any possessions, money, or other financial benefits that one spouse tries to hide from the other.

When divorcing couples cannot agree on how to divide their assets, the court steps in and decides based on different factors. But some people try to hide or get rid of their assets so their soon-to-be ex-spouse cannot get them in the division. These hidden assets can have a significant impact on how the property is split relatively in the divorce.

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 Posted on September 27,2023 in Uncategorized

Social media can be a great way to stay connected with friends and family, but it can also be a source of conflict during a divorce. For example, if you and your spouse are still friends on social media, you may see posts that make you feel jealous, angry, or hurt. This can make it difficult to move on from the divorce and start to heal.

For anyone concerned about how social media may affect your pending divorce, it is important to speak with an experienced divorce attorney. They can help you understand your rights and options, and they can advise you on how to use social media responsibly throughout the divorce process.

How Can Social Media Be Used Negatively?

Divorce attorneys often search social media for evidence that can be used in court. So if your spouse is posting pictures of themselves on vacation with a new partner, this could be used as evidence of asset dissipation. Or, if your spouse is posting about their new job and salary, this could be used to calculate alimony payments.

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 Posted on September 11,2023 in Divorce

When a couple gets divorced, one of the most important issues to address is the division of property. The court will consider several factors when making this determination, including:

• The length of the marriage

• The contributions of each spouse to the acquisition, maintenance, and improvement of the property

• The earning capacities of the spouses

• The needs of any dependent children

• The age and health of the spouses

• The wasteful or extravagant dissipation of marital property by either spouse

• Any other factors that the court deems relevant

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 Posted on August 28,2023 in Family Law

Technology and social media have significantly impacted entertainment, with content creation focusing on family life and children. However, scandals and lawsuits have led to a new law in Illinois requiring parents to compensate their children for their roles on family vlogging channels or other forms of social media. This occurrence raises questions about family law, child labor, and the ethics of family vlogging.

To navigate the unchartered waters of social media and child influencers, a family law attorney can help draft formal agreements regarding pay and keep you informed as this law changes over time.

Is It Worth It to Have Your Child on Social Media?

Social media is an impactful career with a lot of buzz. Children and parents often see the glitz and glamor but not the trouble and major impact behind the scenes. Children have a lot to worry about already, like the following: 

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 Posted on August 17,2023 in Divorce

Divorce is a complex process, and navigating it is never simple. But luckily, there are a few common errors that you can avoid to make things much easier. Knowing and preventing these mistakes can significantly benefit you.

Not Preparing

One of the biggest mistakes in the divorce process is failing to prepare appropriately. Researching and gathering all the necessary documents allows you to build a solid plan. Here are some steps you can take to solidify that plan: 

• Collect financial records

• Make a list of all property, assets, and liabilities 

• Understand your financial situation 

Following these steps can help you avoid the following: 

• Unequal property distribution

• Inadequate spousal support

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