Posted on June 30, 2023 in Divorce

When most people think of divorce, they think of a long, drawn-out dramatic saga played out in court for all to see. While most divorces are intensely strenuous and emotionally grueling, uncontested divorce offers a less antagonistic option to the dissolution of a marriage. Does that mean hiring a lawyer is not necessary? Well, not quite.

An uncontested divorce simply means that both parties have come to an agreement on all aspects of the divorce, including property division, child custody, and support arrangements. But coming to an agreement in principle and reaching a legally binding divorce settlement created with your best interests in mind is a separate thing entirely. As a result, it is absolutely necessary to hire an attorney, even for uncontested divorces.

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 Posted on June 15, 2023 in Spousal Support

Illinois divorces are essentially dissolution of marriage suits, which require a range of objectives to be satisfactorily resolved before granting each spouse a clean legal break from the other. One essential objective for the court during a divorce is the issue of temporary relief in the context of spousal support. Many residents in Illinois are often unaware of the importance and significance of this type of spousal support and how it works. Hire a divorce attorney to ensure you understand how temporary spousal support works in Illinois.

This is What You Need to Know

Firstly, the purpose of temporary spousal support is to maintain the defendant’s standard of living while the case is pending. Such terms provide a spouse with alimony that enables that partner to maintain and provide for their economic needs until the divorce case is concluded.

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 Posted on May 19, 2023 in Divorce

Dividing marital assets during a divorce can be tricky. For couples with substantial wealth or high net worth, divorce often involves complex assets such as investments, stock options, savings for retirement, businesses, and professional practices, digital assets, and real estate. Even assets such as jewelry or artwork can present challenges when it comes to the valuation and division of these assets. Working with a skilled divorce lawyer experienced in complex financial issues is essential for these types of divorce cases.

Classifying, Valuing, and Dividing Marital Assets

During many divorces, a couple's assets are a combination of marital and non-marital assets. Any assets acquired before the marriage are non-marital assets, while assets acquired during the marriage are marital assets. However, classifying assets during divorce is rarely this straightforward, and numerous exceptions exist.

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 Posted on May 05, 2023 in Domestic Violence

The court urges parties involved to settle their differences during divorce cases. It is crucial for parties going through a divorce to come in with an open mind and be willing to negotiate and compromise. However, the court is aware that there are specific circumstances where a court intervention may be necessary. An example of this may be domestic violence against a spouse or children. Domestic violence can take various forms, whether it be physical abuse, emotional abuse, sexual abuse, or even financial abuse. Working with an experienced divorce attorney can help you understand how this can impact your case.

Custody and Visitation

Domestic violence will impact custody and visitation significantly. As always, the judge will consider the child’s best interest when deciding on visitation and custody matters. The court believes there should be cooperation and involvement between parents when deciding what is best for the child. There is little chance that a court will deny parental visitation for a child; if it comes to it, the visitation may be supervised or occur in the home of an adult the child trusts. However, if the court believes that a child may be endangered by allowing this, then the court will likely deny unsupervised visitation. If you are being accused of domestic violence, knowing what that means for yourself and the child involved is crucial.

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 Posted on April 27, 2023 in Prenuptial and Postnuptial Agreements

Marriage is a sacred bond between two individuals committed to living together. However, with the rise in divorce rates, couples are increasingly turning to prenuptial agreements, or prenups as they are popularly called, to protect their assets and financial interests in case of a separation or divorce. For those unaware, a prenuptial agreement is a legal document that outlines the distribution of assets and liabilities in the event of divorce or death of one of the spouses. If you are considering signing a prenup, it is essential to understand the situations where it makes the most sense. To ensure signing a prenup is in your best interest, consider consulting with a divorce attorney to ensure your position is well suited for signing into such a prenuptial agreement.

Scenarios Where Signing a Prenup May Be a Good Idea

Here are some scenarios where signing a prenuptial agreement makes the most sense, including:

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 Posted on April 07, 2023 in Uncategorized

Prenuptial agreements, commonly known as prenups, are contracts that couples can sign before getting married to establish rules and guidelines for splitting assets and debts in case of a divorce. While prenups can be beneficial in many situations, there are some cases where signing a prenup may not make sense. Today, we will discuss the situations when signing a prenup may not be the best idea. If you are interested in signing a prenup or learning more about it, do not hesitate to contact a prenuptial attorney to ensure you understand your legal options and what is most beneficial to your situation.

Reconsider Signing a Prenup if Any of These Situations Apply

Here are situations where you should reconsider signing a prenup, including:

• When there are no significant assets – If both parties have relatively new assets, then a prenup may not be necessary. The cost of drafting and signing a prenup may outweigh any potential benefits.

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 Posted on March 16, 2023 in Divorce

Many divorces in Illinois and all across the United States are contested divorces, but there are also cases in which spouses agree on the issues surrounding their separation, making an uncontested divorce possible. While nobody is ever required to retain legal counsel for a divorce case in Illinois, people should be extremely hesitant to handle a divorce case on their own because the average person could make several mistakes that end up being very costly to correct later.

Even if you and your spouse plan to reach an out-of-court agreement, from having an attorney review any proposed agreement will ensure that it is fair. Should any issues arise relating to child support, alimony (spousal support), or division of marital debts, mediation can be a common avenue for most spouses to resolve their issues but you will still want to have a lawyer assisting you.

Common Problems with Uncontested Divorces

Many married couples going through uncontested divorces may turn to legal DIY websites for help creating the agreements they will present to the court, but such websites can be a risky proposition because they rarely inquire about the types of information that can have a dramatic impact on a divorce case. 

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 Posted on March 09, 2023 in Paternity

Illinois state law defines paternity as being a legal relationship between a father and their child. After paternity is established, the father can put his name on the child’s birth certificate and will also be granted certain legal rights. 

Whereas paternity is typically straightforward for married couples, unmarried couples can face additional issues that may be more complicated. The husband is generally presumed to be the father when a married couple has a child, but unmarried fathers often need to sign a Voluntary Acknowledgement of Paternity (VAP) or establish paternity through other means. 

Paternity Actions in Cook County 

Common kinds of paternity actions often include establishing paternity by consent of the parents, contested paternity suits, and suits to establish the non-existence of a father-child relationship. 

A court may order a paternity action when either parent requests it, or if any other legal matter requires such an action in order for the resolution of that case. For example, should either parent request child support, then the court may order a paternity action to establish who the legal father is.

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 Posted on February 22, 2023 in Adoption

When growing your family through adoption, there are many different avenues to choose from. Many people choose to adopt through a private adoption agency or the Illinois Department of Children and Family Services (DCFS). Others pursue a private adoption or independent adoption. There are potential advantages and disadvantages to each of these options. However, individuals pursuing an independent adoption are often especially vulnerable to adoption scams. If you are thinking about adopting a child, make sure you understand the common adoption scams and how to avoid them.

Scammers May Target Prospective Parents Hoping to Adopt

Although it is hard to believe, fraudulent adoption scams exist, and they can be difficult to detect. Scammers may target prospective parents hoping to adopt, posing as pregnant women or birth parents who are willing to put a child up for adoption. They will often provide false information and stories to the prospective parents, in order to receive money or other compensation from them. This is known as “adoption fraud.”

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 Posted on February 16, 2023 in Child Custody / Parental Responsibilities

When parents get divorced, there is much more on the line than bank accounts and real estate. Their children’s future is on the line. Child custody issues are frequently the source of significant hostility and disagreement during a divorce involving parents. In some cases, a parent may even accuse the other parent of child abuse.

In Illinois, child abuse allegations are handled by the Department of Child and Family Services (DCFS). The DCFS investigation begins with an assessment, which will determine whether or not the allegations merit further investigation. If the DCFS determines that abuse or neglect has taken place, they may open a full-scale investigation.

If you are facing a divorce and child abuse allegations at the same time, it is important to take certain steps to protect your rights. Contact a family law attorney experienced in DCFS matters as soon as possible for legal advice specific to your situation.

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