Posted on June 14, 2023 in Prenuptial Agreement

When you meet the person you truly love and decide to settle down with forever, you basically look forward to spending the rest of your lives together. Unfortunately, some marriages aren’t meant to last. This explains why couples sign prenuptial agreements before tying the knot.

Should the marriage end in divorce, the prenup would separate marital property from personal property. To achieve its intended purpose, however, your prenup must be valid. So, what can invalidate a seemingly authentic prenup?

Here are common reasons why your prenup may not survive a legal challenge:

When there was a fraud

The court will invalidate a prenup if it is established that it is fraudulent. If your fiancée hid their assets or debts at the time of signing the prenup, and you learn about this down the road, you may petition the court to invalidate the document on grounds that it is fraudulent.

When there was duress

For a prenup to hold, both parties must sign it freely. If there is evidence that your fiancé coerced or tricked you into signing the prenup, then the entire document might be voided. For example, if you were handed the prenup an hour before you walked down the aisle, it may have felt like you didn’t have a choice because the embarrassment of canceling the wedding would have been overwhelming.

Continue Reading ››

 Posted on June 12, 2023 in Divorce

The majority of divorcing spouses are going to be honest when declaring their assets. Both spouses have an obligation to do this completely and truthfully.

If you suspect your spouse might not be, it’s worth understanding where people tend to hide assets. Let’s look at some of the most common places.

Around the house

Yes, people do still hide money under the floorboards or in a hole in the garden. Others prefer a safe in the garage. They may even do it in full visibility by buying things and lying about their value to you – for instance, a painting or an antique.

With friends or family

Maybe your spouse just passed someone a lump of cash to hold, or perhaps they invested in property but put the title in someone else’s name. The idea is their friend or family member will pass it back to them once the divorce is done, cutting you out of the picture.

Offshore or in another state

Some countries and even some states want your money and will offer significant incentives to get it. That can include secrecy and a stubborn refusal to let anyone else touch it. Unsurprisingly, some spouses take advantage of this to keep money from their partners.

Continue Reading ››

 Posted on June 08, 2023 in High Asset Divorce

From small, home-based businesses to multi-million-dollar enterprises, family-owned businesses play a huge part in growing the U.S. economy. In fact, it is estimated that there are well over 24 million family-owned businesses in the United States. If your marriage is over and you are considering a divorce, however, one of the questions you will certainly grapple with is what will become of the family business once you go your separate ways.

One of the factors that determine the fate of the family business during divorce is each spouse’s contribution and role in the business. Here are a couple of possible outcomes:

Buying out your ex

Just like with the family home, you may buy out your spouse and retain 100 percent ownership of the business. For instance, say you are running a dental clinic where you are a trained dentist while your spouse is the administrator. In this case, you may buy out your spouse (now ex) so you can retain full ownership of the business and outsource the administrative role.

Continue Reading ››

 Posted on May 24, 2023 in Divorce

Divorce is a complex and emotional decision that can significantly impact the lives of everyone involved, especially children. As a parent, you may ponder whether to postpone your divorce until the kids are adults.

It’s a valid inquiry that requires careful consideration. While there is no one-size-fits-all answer, understanding the potential consequences and considering individual circumstances can help you make an informed decision that prioritizes the best interests of your children.

Consider offering the kids a stable childhood

Postponing divorce until your children reach adulthood can give them stability and continuity during their formative years. Maintaining a united front helps create an environment where children can grow and develop without the added stressors of divorce. Stability can play a crucial role in their overall well-being and academic success.

Think about your co-parenting efforts

On one hand, you could argue that continuing the marriage for the sake of your children allows you and your spouse to focus on effective co-parenting. But on the other hand, staying in an unhappy and dysfunctional marriage can create a toxic environment for the children.

Continue Reading ››

 Posted on May 23, 2023 in Child Custody

Co-parenting in the Digital Age does have its advantages. It is easier than ever to keep kids and parents in touch and apps designed just for co-parents can help them to improve communication, coordinate schedules and enhance their ability to co-parent effectively.

If you’re having issues co-parenting in the ways that you had hoped to when you first split from your child’s other parent, know that using various apps could genuinely help to put you back on track.

What can apps help co-parents to accomplish?

Here are just a few of the ways that apps can assist you in your co-parenting situation:

• Shared calendars and scheduling: Co-parenting apps often include shared calendars that allow both parents to input and view important dates, such as parenting time schedules, extracurricular activities, medical appointments and school events.
• Messaging and documentation: Co-parenting apps typically offer messaging features specifically designed for co-parents. This provides a dedicated platform for communication, allowing parents to discuss parenting-related matters, share updates and exchange information without the need for personal phone numbers or email accounts. It also enables documentation of conversations, which can be useful for legal purposes or resolving disputes.

  Continue Reading ››

 Posted on May 16, 2023 in Divorce

It’s common for many couples to divorce between their 20s and 40s. That said, more and more couples are divorcing later in life, e.g., choosing a gray divorce.

Those opting for gray divorces are typically 50 and order, and according to researchers, this phenomenon will triple by 2030. There are many reasons why some couples divorce later in life, and here are four of them.

1. They want to wait until their children are grown up

Some couples tolerate each other for their kids’ sake. Therefore, they wait until their children become independent adults before dissolving their marriage. However, if not done correctly, even adult children can suffer from the impact of their parents’ divorce.

2. They want to reverse past regrets

Many people marry due to pressures from their parents or other relatives. They stick it out for 20 to 30 years to honor familial obligations, even if their marriage is toxic or dysfunctional. Years later, they come to a point where they can’t take it anymore and want out.

Continue Reading ››

 Posted on May 09, 2023 in Divorce

Uncontested divorce refers to a divorce case in which both spouses who are ending the marriage agree on all the basic terms of the divorce settlement without having to go to trial. They’re already on the same page and willing to work together and compromise.

Conversely, a contested divorce doesn’t mean that they are contesting whether or not the divorce should be allowed. It just means that they can’t agree on issues like how to divide custody time with the kids or how to split up assets. Their divorce will happen either way.

Main advantages of uncontested divorce

As you can imagine, there are some major advantages to an uncontested divorce. Below are a few to keep in mind. An uncontested divorce:

1. Saves time and money: Uncontested divorces are often faster and less expensive than contested divorces, which can be lengthy and costly.
2. Reduces stress: By avoiding the stress and uncertainty of a trial, uncontested divorces can be less emotionally draining for both spouses. They make the process easier for all involved.

   Continue Reading ››

 Posted on May 05, 2023 in Divorce

There are many things to resolve during the divorce process, from the division of debts and property to spousal and child support. Without having a clear picture of all the assets and financial aspects associated with the marriage, you could make the wrong decision.

The discovery process is crucial to help understand all the assets and debts.

What is the discovery process?

The discovery process entails revealing information that might be relevant to the divorce case. This information might include tax returns, real estate paperwork, and other relevant information. In addition, this process can help uncover any hidden assets and give you a clear image of all the assets and debts. That said, the discovery process can be easy or difficult, depending on how collaborative you are with your ex.

The following are the steps involved in the discovery process:

• Formal request and disclosure: During this stage, both parties send each other copies of all information relevant to the case. In Illinois, full disclosure is required. Therefore, both parties must disclose all information.

  Continue Reading ››

 Posted on April 28, 2023 in Divorce

You’re getting divorced, but it feels like the process is taking a long time. For one thing, you and your spouse were separated for six months before you even started the official divorce process. Prior to that, the two of you weren’t getting along. Now the divorce itself is taking nearly a year to complete.

In other words, you feel like you’ve basically been out of a relationship for two years. You are technically not divorced yet, but you’re wondering if it’s OK for you to start dating. Can you start another romantic relationship before your marriage ends?

It’s legal, but problematic

Legally speaking, you don’t have to worry about being arrested. It’s not illegal to date during your divorce. The court isn’t going to “punish” you for starting another relationship.

But it can be problematic for a few reasons. For one thing, it can just make the divorce more contentious. If you want things to go smoothly, it may be best to wait to begin dating someone new until after the divorce has concluded.

Continue Reading ››

 Posted on April 25, 2023 in Divorce

Divorce should ideally mark a clear split. However, most divorce cases are never clear breaks. If you share a child with your ex, you will certainly interact with them from time to time. The same is true when there is an active spousal support order.

Spousal support, or alimony as it is commonly known, is intended to help the receiving party cope with the financial downturn that is occasioned by the divorce. Ideally, spousal support is meant to give the receiving party financial footing through skill acquisition and job training and/or experience. However, like child support, spousal support can be modified based on the following circumstances:

When there is a change in either party’s income

If you lose your job or income source and, thus, a significant change in your income, you may petition the court to modify the existing spousal support. Likewise, if the receiving party experiences a significant pay rise, they may not need the same amount of help to maintain their pre-divorce living standard. For this reason, you may petition the court for a review of the current order. However, you may not intentionally quit your job to avoid paying spousal support.

Continue Reading ››