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Recent Blog Posts
When Is a Prenuptial Agreement a Good Idea?
Prenuptial agreements are sometimes a controversial topic, but these agreements help you and your spouse decide important things before marriage. A prenuptial agreement may be utilized in the case of a divorce, and they do have some critical pros and cons to pay attention to.
An experienced Illinois divorce attorney can help you understand your prenuptial agreement in the event that you and your spouse are seeking a divorce.
What Is Included in a Prenuptial Agreement?
Prenuptial agreements are agreements that spouses make before marriage about certain assets, businesses, debts, and property. Prenuptial agreements, also known as premarital agreements under the Illinois Uniform Premarital Agreement Act, have historically been used to protect wealth. Still, they are becoming more popular for many couples wishing to agree upon finances, assets, and marital responsibilities.
What is a No-Fault Divorce?
Divorce is a complex process, and all of the parties involved in a divorce may find it stressful. A no-fault divorce is one that is generally uncontested, and a no-fault divorce in Illinois must meet a few qualifications. If you seek a divorce from your spouse, securing experienced representation from an Illinois divorce lawyer is essential to ensure your divorce is decided fairly.
Do I Need to Prove Anything for My No-Fault Divorce?
Before Illinois became a ‘no-fault divorce’ state in 2016, with additions to the Illinois Marriage and Dissolution of Marriage Act, spouses seeking a divorce would need to prove that the other party was ‘at fault’ for the divorce through an act such as adultery, abandonment, or substance abuse.
What Is Forensic Accounting in a Divorce?
Divorces are stressful, even more so when assets need to be accounted for and properly divided. Dealing with high-value assets, contested divorces, and assets that one spouse might be hiding only makes the divorce situation more difficult to deal with. A forensic accountant can help you discover hidden assets and keep your finances in order as you work with an Illinois divorce lawyer to divide property and money fairly.
Does My Illinois Divorce Need Forensic Accounting?
Forensic accounting may be needed throughout your divorce for several different reasons, though forensic accountants are primarily utilized to help discover hidden assets. Below, we give you an idea of what a forensic accountant can help you with during your divorce.
- Searching for hidden assets
- Valuing businesses or other shared properties
What Makes a Child Custody Case Difficult?
Divorce can be a messy process, and there are many factors to navigate, including child support, spousal support, and child custody or parenting agreements. A child custody case can be made more difficult when one parent refuses to reach an agreement with the other or one parent accuses the other of being unfit. An Illinois child custody lawyer can help you navigate child custody and reach a parenting agreement that keeps your child’s best interests in mind.
Understanding Illinois Child Custody Law
Child custody agreements fall under the category of family law, and the Illinois Marriage and Dissolution of Marriage Act governs most of the matters you will deal with when proceeding through a divorce and settling on a child custody agreement.
How Do I Obtain an Illinois Order of Protection?
For victims of domestic violence or abuse, an order of protection is a step towards safety and provides them the security needed to exit a dangerous situation. An Illinois domestic violence lawyer can help you file for a temporary order of protection to ensure your immediate safety before guiding you through the process for a more long-term solution.
What Is an Order of Protection?
These orders are court documents that are intended to keep an individual safe from an abuser or another individual who presents a safety risk.
In Illinois, there are four different types of orders of protection. You must file for the correct order for your situation:
- An order of protection is used for a situation where the victim has a relationship with the abuser, such as a spouse or family member.
What is a Spousal Support Agreement?
Dealing with a divorce is stressful, and there are often many different elements of a divorce that need to be decided, such as property divisions, child custody agreements, and spousal support. Spousal support agreements are intended to financially support a spouse who may have given up a career or other opportunities to work around the home.
Navigating a spousal support agreement is complex, and the assistance of a seasoned Illinois lawyer helps you understand the spousal support options available in your specific divorce situation so you don’t have to deal with the stress of figuring this out alone.
How Can I Protect Military Benefits in a Divorce?
Going through a divorce is like navigating a stormy sea, filled with emotional turbulence and financial challenges. The unraveling of what was once a shared vision of the future introduces a wave of uncertainties, particularly in the realm of finances. It goes beyond the immediate concerns of possibly drastic changes in monthly income and for some people, military benefits for spouses. The journey becomes even more intricate due to the notable divorce rate among military couples, where an estimated 20,000 divorces occur annually. If you are a military spouse it is important that you understand the complexities of not only ending a marriage but also the intricacies of military-related benefits. You need a skilled divorce Illinois attorney to help you sort it all out.
Is a Prenuptial Agreement a Good Idea?
The future is unpredictable, therefore, prenuptial and postnuptial agreements empower couples to plan for various scenarios. Ultimately, whether a prenup is a good idea depends on the specific needs and priorities of the individuals involved. It is a personal decision that should be made with careful consideration and, ideally, with open and honest communication between partners. You should consult with an Illinois family law attorney who can provide valuable insights into the legal implications of a prenup and help ensure that the agreement is fair and enforceable.
How Do Prenuptial and Postnuptial Agreements Differ?
Marital agreements help provide clarity and set terms for financial matters in the event of a divorce, but the timing and circumstances surrounding their creation vary in the following ways:
What Can I Do If My Ex Refuses to Pay College Expenses?
College expenses keep climbing in Illinois every year. If your ex is not exactly on board with chipping in for those hefty tuition bills, the court can step in and decide on payments. If you are a divorced parent or about to be one, it is crucial to know what Illinois law says about kicking in for your child’s college. You need help with child support. At Shaw Sanders, P.C., a St. Charles, Illinois family attorney can help you navigate this legal journey.
How Can The Law Help Me and My Child?
If your ex is giving you the runaround, it is time to take action. The Illinois Marriage and Dissolution of Marriage Act is your ally. Under Illinois law, unmarried or divorced parents are required to contribute to college tuition, housing, and other costs. You or your legal guardian can file a petition with the court and make your ex cough up their share of the college fund. The court has some serious tools in its arsenal. They can slap your ex with fines, hold them in contempt, or even order their wages to be garnished.
How Can I Protect My Business in a Divorce?
Getting a divorce is tough. When it comes to your business, it is not just about the emotional rollercoaster but the legal puzzle. If you are worried you will lose your business in the divorce, it is a good idea to have a business valuation performed. You need an experienced divorce attorney skilled in business valuation on your side. If you and your spouse can maintain a civil relationship, you may negotiate a settlement without heading to court. However, if you anticipate a contentious divorce, it is best to let your Illinois attorney handle the negotiations on your behalf.
What is the Value of Your Business?
In Illinois, businesses are considered property, just like your home. So, if you are going through a divorce, it is essential to figure out how your business fits into the picture and what it is worth. Your first move should be to get a precise and thorough appraisal of your company's value. Whether it is a small home-based business or a larger corporation, an accurate valuation is crucial to determine its worth during the divorce process. Working with a professional business appraiser is key to creating a comprehensive report that covers your business's assets, debts, and current value.
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