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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 Posted on January 26, 2023 in Divorce

In a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 

Whatever the case, contested divorces are often quite time-consuming and expensive. Unfortunately, contested divorces, by nature, are usually more emotionally burdensome than uncontested divorces since, in contested divorces, the tension between the divorcing parties may be palpable. While contested divorces can be resolved through mediation, a contested divorce will likely mean litigation in many scenarios. If you are facing a contested divorce, contact an experienced divorce attorney who can advocate for you and your best interests throughout litigation, should litigation be necessary in your case. 

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 Posted on January 18, 2023 in Child Custody / Parental Responsibilities

While getting a divorce is never easy, it is often even more complicated if the divorcing couple has children. When a couple decides to get divorced, it is not entirely uncommon for one of the spouses to move away from where they lived during their marriage. This is often seen as a necessary first step in starting a new beginning and clearing their mind of the heartache they went through during the divorce. While it is true that moving can positively impact someone's mental health post-divorce, you must tread carefully if you are considering taking your child with you.

In Illinois, a parent cannot simply pack all their and their children's things and relocate somewhere far away without first getting the court's permission. Parental relocations are in no way guaranteed or automatic. For example, suppose your ex-spouse wishes to stop you from relocating, and they have been granted a share of the parenting time. In that case, the court will likely conduct a thorough analysis of the situation before reaching any decision. The court's eventual ruling will, in large part, be related to the best interests of the child. So, if you have gotten divorced and are interested in relocating with your child, contact an experienced attorney to ensure your rights remain protected and that the best interests of the child are kept at the forefront of all decisions made. 

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 Posted on December 27, 2022 in Divorce

It is not uncommon for spouses to get into arguments or disagree over many different issues. In some cases, a spouse may even threaten to pursue a divorce against you. The word divorce can be highly triggering to people simply because of everything that divorce represents. For most people, divorce is a significant life event, similar to a baby being born or someone passing away. Divorce is a big deal, which is why it may be shocking and upsetting to hear your spouse hang the idea of divorce over your head. 

At the outset, it must be stated that threats of divorce should be taken seriously. Accordingly, if your spouse has threatened divorce, consider consulting with an experienced divorce attorney who can inform you of your rights and help you prepare for the event of divorce and how you ought to proceed.

Considerations for When Your Spouse Threatens Divorce

If your spouse has taken the step of threatening to divorce you, try and take a deep breath. Many different things can be said in the heat of the moment that people do not mean. However, still take the threat of divorce seriously and try to evaluate your marriage and where it’s at. Threats of divorce can act as a wake-up call for some people and may mean that issues in the marriage must be addressed. These issues may include infidelity, communication problems, financial strains, substance abuse, or parenting differences. It is more probable than not that if your spouse is threatening divorce, it is not without reason. Looking within yourself and then evaluating your marriage can help you locate areas of concern that need to be addressed. 

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 Posted on December 19, 2022 in Divorce

Getting a divorce is never easy and can be especially difficult once the holidays come around. If you are coming up on your first Christmas since splitting up from your spouse, you may likely feel heartbroken and at a loss for what to do. These feelings can be amplified if you have children, have recently moved out of the marital home, or if your spouse has moved out of the marital home. In any event, if you have reason to believe divorce may be on the horizon for you and your family, this blog will delve deeper into how you can make your first Christmas since your separation from your spouse as tolerable as possible.

At the outset, if you feel you and your spouse are heading toward a divorce, consult with a knowledgeable and compassionate divorce attorney who will protect your rights and help guide you through this challenging time so that the process can be as seamless as possible. 

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