Posted on October 14, 2021 in Family Law

For decades, misconceptions about prenuptial agreements have confused and misled engaged couples. News stories about last-minute celebrity weddings and divorces have led many to believe that prenups are only for the ultrarich or for couples who do not take their wedding vows seriously. Fortunately, these misconceptions are slowly being replaced by the truth that prenuptial agreements are a valuable legal tool for any engaged couple.

Estimates place the divorce rate between 40-50 percent. More and more couples recognize that no one can predict the future and that preparing for the possibility of divorce is an important part of being financially responsible. Prenuptial agreements have increased in popularity among younger couples for several reasons.

Young Couples Understand That There is Always a Chance of Divorce

The last thing a couple wants to think about when they are planning their wedding is the possibility that they will eventually divorce. However, statistics do not lie, and many marriages do ultimately end. Many couples understand that preparing for this possibility does not doom the marriage to failure, just as carrying car insurance does not increase the chances of a car accident.

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 Posted on October 06, 2021 in Child Support

Child support payments are a welcome form of financial assistance for many parents. However, the laws surrounding child support are sometimes difficult to interpret on your own. If you currently pay or receive child support and your child is getting older, you may ask, “When does child support end?” The term “child support” makes it seem as if a parent only receives child support while the child is a minor. However, there are several situations in which child support continues even after a child turns 18 years old.

Do You Still Have to Pay Child Support If the Child Goes to College in Illinois?

Child support orders last until the child turns 18 years old and becomes an adult. However, if the child is still in high school when they turn 18, child support continues until the child graduates high school and turns 19. Many child support orders include an automatic termination date. However, some obligors (paying parents) will need to request a child support modification to terminate child support once the child becomes an adult. If you pay child support, do not assume that your child support obligation automatically ends without confirming the termination date. Failure to pay child support is considered a serious offense in Illinois.

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 Posted on September 27, 2021 in Divorce

Divorce cases vary dramatically in complexity. Spouses with few assets who were not married very long may be able to resolve their divorce quickly and with little court intervention. Divorce is much more involved for couples who own high-value or complex assets and spouses who disagree on divorce issues.

One of the most important aspects of the divorce process is financial disclosure. Spouses are expected to list all of their assets and other relevant financial information. When a spouse does not share this information or the information is incomplete or inaccurate, the spouses’ attorneys may use discovery tools to reveal the truth. Discovery often involves financial concerns such as the division of marital property but discovery may also address child-related issues.

Discovery Tools in an Illinois Divorce

Discovery is the “fact-finding” portion of the divorce case. In order to negotiate the unresolved divorce issues, the spouses and their respective attorneys must have a full understanding of the facts of the case. Discovery varies from case to case but, often, discovery involves:

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 Posted on September 16, 2021 in Divorce

Finances impact a divorce case dramatically. The amount of marital property assigned to each spouse is heavily influenced by the value and types of assets owned by the spouses. Child support payments are calculated using each spouse’s net income. Spousal maintenance is also mainly determined by the spouses’ assets, income, and overall financial circumstances. Consequently, lying about finances can dramatically influence the outcome of a divorce case. Hiding assets, underreporting income, and transferring property to another party are all tactics some divorcing spouses use to manipulate their divorce case.

Ways that Spouses Conceal Assets in a Divorce

There are nearly countless methods for hiding assets in a divorce. Some spouses literally hide cash or property during divorce. They may “sell” assets to friends or family members only to regain the property after the divorce is complete. Other spouses use their business or professional practice to hide income or assets. Unscrupulous spouses may even use the Internal Revenue Service (IRS) to shield assets from division during divorce by overpaying taxes and reaping a large return in the future.

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 Posted on August 25, 2021 in Uncategorized

Any parent can tell you that having a child dramatically increases your monthly expenses. Housing costs, childcare expenses, tuition, and extracurricular fees are just some of the child-related expenses many parents contend with. It is even harder to cover these costs when you are a single parent. Consequently, financial assistance in the form of child support payments is a crucial necessity for unmarried and divorced parents. However, getting the child support you need can be difficult when the child’s father denies his biological relationship with the child.

What Happens if the Father Says He is Not the Father

Illinois law presumes that, if a woman gives birth, her husband is the baby’s father. However, there is no legal presumption of paternity if the mother is unmarried. Furthermore, relationships are complicated and marital infidelity does sometimes occur. Therefore, there are cases where a woman’s husband is not her child’s biological father. If you are unsure about who your child’s father is or your child’s father is denying his paternity, it is important to understand how this can impact child support.

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 Posted on August 11, 2021 in Child Custody / Parental Responsibilities

Illinois law presumes that parents have the ability to adequately care for their children and provide a safe living environment. Consequently, anyone who has established parentage or paternity of a child is entitled to certain parental rights. Among these rights is the right to be awarded “parenting time” or time with the child. However, some parents will need to take steps to gain parental rights. Furthermore, some circumstances may lead to the restriction or termination of a parent’s parental rights.

When Does a Parent Have a Right to Visitation?

Parenting time, which used to be called “visitation,” is the time that a parent watches his or her child and cares for the child’s everyday needs. Divorced parents allocate parenting time in their parenting plan. However, in order to be entitled to parenting time, unmarried fathers may need to establish paternity. Paternity may be established by signing a Voluntary Acknowledgement of Paternity (VAP) upon the child’s birth or through a judicial or administrative process.

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 Posted on July 29, 2021 in Family Law

As a business owner, you may assume that your business assets are completely separate from your marital property, but this is often not the case. According to Illinois law, business assets acquired by a spouse during their marriage are typically considered to belong to the marital estate. Even business assets owned before a marriage can be at risk of becoming commingled with marital assets and losing their separate identity. One way to ensure that your business assets remain your own is to address them specifically in a prenuptial or postnuptial agreement with your spouse.

Prenuptial Agreements for Business Owners

If you are planning to get married and you already own a business or professional practice, that business will still be considered your non-marital property once you get married. However, a prenuptial agreement can provide an additional safeguard to ensure that it stays that way throughout your marriage. Beyond designating your ownership rights to the property, your prenuptial agreement can also include other provisions that may be beneficial to you and your partner.

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 Posted on July 07, 2021 in Family Law

When we hear the term “guardianship,” we often think of children. However, Illinois law also provides legal avenues for someone to receive guardianship of a disabled adult. If you have a loved one with a disability that renders him or her unable to care for himself or herself, you may be interested in getting guardianship of that person. Although the law uses the word “disability,” when referring to guardianship of an adult, the criteria for what constitutes a disabled person is more inclusive than you may assume.

How Does Illinois Define a Disability for the Purposes of Guardianship?

There are several different types of guardianship in Illinois. When someone acts as a guardian for an adult, they may assume responsibility for that person’s medical, financial, and/or day-to-day decision-making. Illinois courts only grant guardianship of an adult if that person meets the legal definition of disabled. A disabled adult is someone who cannot make and communicate reasonable decisions about his or her personal affairs. This incapacitation may be due to:

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 Posted on June 23, 2021 in Divorce

Divorce is never easy, but sometimes a divorce can get hostile and ugly things are said between partners. If the conversations regularly become violent, threatening, or inappropriate, a spouse may want to record phone conversations in order to prove to a court that the other spouse is a danger to themselves or their child. 

Often, a spouse will want to record these conversations secretly, out of fear that the offending spouse will clean up their act if they believe someone may be listening. They may worry that the harassment will continue if they cannot prove that the inappropriate actions are taking place.  

Illinois is a Two-Party State

No matter how serious your concerns are about threatening phone conversations, in Illinois, you cannot secretly record a phone conversation legally. This is because Illinois is a two-party state. In a one-party state, only one party participating in a phone conversation of two or more people has to know the conversation is being recorded in order for it to be legal. But in a two-party state, all the parties to the conversation must know and consent to be recorded in order for the call to be legal. 

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 Posted on June 15, 2021 in Divorce

Divorce is frequently cited as one of the five most stressful life events. No matter how long you’ve been married, deciding to get divorced is often accompanied by many complex emotions. Although divorce is increasingly common, it is not a decision to be taken lightly, and its potential impact on spouses, children, pets, and assets must all be considered. Fortunately, with the help of a lawyer, you can plan ahead and prepare yourself for the process to make it go as smoothly as possible. 

Have a Long-Term Strategy

Widespread academic research and collective wisdom both attest to the negative effect divorce can have on everyone involved. Speaking dispassionately, most people would tell you that a commitment to reducing conflict in divorce is crucial for minimizing the negative impact, especially on children. However, when spouses are in the midst of difficult or hostile divorce negotiations, it can be hard to have a long-term strategy and remember that the process of divorce doesn’t last forever – even if it seems like it might!

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