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5 Tips for Drafting a Valid Prenup

 Posted on November 11, 2024 in Prenuptial Agreement

Wheaton, IL Family Law AttorneyWhile many people are familiar with the idea of a prenuptial agreement, there is some confusion about what it needs to include and what makes it valid. If you and your future spouse have decided to create a prenuptial agreement to give you peace of mind in the case of a hypothetical divorce, it is important to discuss this decision with a lawyer. Our experienced Wheaton, IL family law attorney can guide you through the process of drafting a prenuptial agreement.

Tip 1: Full Disclosure of Liabilities and Assets

One of the most important aspects of a valid prenup is full disclosure of all assets, debts, and financial interests. Both spouses need to fully disclose any property, income, bank accounts, retirement funds, debts, and any other financial interests before a prenup is signed. If it is later discovered that someone hid or misrepresented their financial situation, the prenup may be invalidated.

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How Should Our Family Navigate the Holidays After Divorce?

 Posted on October 23, 2024 in Divorce

Wheaton, IL Divorce LawyerAs the seasons begin to change and the holiday season approaches, many parents who share custody of their children wonder if there is a better way for them to handle this festive time. Some parents have a simple division of time with their children, switching off every other week. When holidays fall on a day that is not scheduled for you to be with your children, it can seem random and unfair. It is possible to find creative solutions if everyone is willing to work together and think outside of the box. If you need helpful suggestions for how your family can have happy holiday memories after divorce, speak with an experienced Wheaton, IL family law attorney.

Can Divorced Parents Alternate the Holidays?

One possibility that parents commonly use after a divorce is alternating holidays. They can create a list of important holidays, such as Thanksgiving, Christmas, New Year’s, and Easter. Then, each parent takes turns having the children for these holidays. Parents can also alternate the schedule each year. For instance, one year the mother might have the children on Thanksgiving and New Year’s, while the father has them for Christmas and Easter, and then they switch the following year. This way, over time, both parents can enjoy making holiday memories with their children.

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Is No-Fault Divorce Coming to an End in Illinois?

 Posted on October 09, 2024 in Divorce

DuPage County divorce lawyerYears ago, if an Illinois couple wanted to end their marriage, they needed to describe their relationship problems to a judge who would decide whether they had sufficient grounds to be permitted to get a divorce. Ever since an act was passed in 2016 to eliminate fault-based grounds for divorce, the entire process has become a bit smoother. Instead of spouses needing to drag up painful episodes, a couple can simply say they have irreconcilable differences and begin divorce proceedings.

Increasing calls across America to put an end to this have brought the issue to the national stage. Some people claim that no-fault divorce makes it too easy to end a marriage, which they feel should be too sacred to enter without an understanding of the serious commitment it requires. This article will examine what no-fault divorce means. If you want to learn more, speak with a knowledgeable Wheaton, IL divorce lawyer.

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Same-Sex Divorce in Illinois

 Posted on September 24, 2024 in Divorce

Wheaton, IL same sex divorce lawyerBeing an adult can be difficult. We need to do things we would rather not, spend our money in ways we would prefer not to, and even think about things we would be happy to avoid. Whether you are buying insurance, drafting a will, or creating a savings fund to be used just in case your finances dwindle, there are many things you are forced to imagine against your will.

Marriage and divorce are no exception. And while same-sex couples used to live without the same legal rights, obligations, and privileges as other couples, that is no longer the case. However, since gay marriage was only recently legalized officially in America, there can be a lot of confusion about its various legal implications.

Thankfully, today the ability to get married goes hand-in-hand with the ability to get a divorce. If you are in a same-sex marriage that is reaching its end, speak with a skilled Wheaton, IL divorce lawyer to understand your options.

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What Can I Do if My Ex Spends Child Support on Herself? | IL

 Posted on September 11, 2024 in Child Support

Wheaton, IL child support lawyerWhen parents get a divorce, arrangements are made for one parent to pay child support to the other to ensure the welfare of the child. Many factors are considered when determining how much money a parent needs to pay the other, including the parents’ financial situation and the child’s needs. That is why it can be so frustrating to discover that your ex is spending the child support payments on herself instead of your child. If this is happening to you, speak with a skilled DuPage County, IL divorce lawyer to review your options.

How Can I Make Sure Child Support Is Being Spent on My Child?

Once you make your child support payments, your ex can use her discretion to spend it as she sees fit. You are no longer entitled to the money, as it is hers to use.

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August is Child Support Awareness Month in Illinois

 Posted on August 27, 2024 in Child Support

IL family lawyerIllinois has been celebrating Child Support Awareness this month by highlighting some new initiatives that are improving the state’s child support system. With so many parents and children affected by child support, it seemed prudent to give the topic some special attention and increase awareness of various improvements being carried out. By focusing on improved support, access, education, and enforcement, the state hopes to help as many Illinoisans as possible navigate the child support process smoothly. If you have questions, speak with a skilled Wheaton, IL family law attorney to hear how these new initiatives might help you.

What New Child Support Initiatives Has Illinois Introduced?

Some of the new child support initiatives that Illinois has recently launched include:

  • More equitable calculations:  Illinois has moved to an income shares model to make child support payments more equitable. This new model takes income, parenting time, and other factors into consideration when calculating child support amounts.

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Why Stay-At-Home Moms Should Not Fear Divorce

 Posted on August 09, 2024 in Divorce

IL divorce lawyerIt is never easy to get a divorce. You are juggling logistics, legal arrangements, and the feelings that come along with a breakup all at the same time. If you are a stay-at-home mom, you might feel particularly worried about the future. You might even think that you should stay in your marriage instead of facing all the unknowns that come with divorce. However, staying in an unhappy marriage might not be the best choice for you or your family. If you are a stay-at-home mom in a broken marriage but are worried about how divorce will affect your future, speak with a compassionate DuPage County, IL divorce lawyer to use their expertise as a sounding board.

Important Considerations for Divorce

It is generally hard to decide that divorce is the logical next step. While it is something many people would prefer to avoid, ending a marriage can have an incredibly positive impact on your life if it is a source of stress rather than support and encouragement. As difficult as it can feel for a stay-at-home mom to consider divorce, there are many points to keep in mind, including:

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New Law Regulating Profits From Child Influencers

 Posted on July 26, 2024 in Family Law

IL family lawyerThe world we live in today seems quite different from how it was only 20 years ago. There are many things people say now that would not have meant anything back then: "I can Venmo it to you." "Did you see what she tweeted?" "Let me call you an Uber."

There are also new industries based on social media platforms. For example, being an influencer can be very lucrative. As new professions develop, new laws and regulations are needed to protect consumers and internet personalities alike. What happens when the person whose content earns millions in profits is a child? How should the parents navigate this? If you are the parent of a child influencer, speak with a seasoned Wheaton, IL family law attorney to understand your legal obligations and rights.

Protection for Kidfluencers

Over the past decade, "kidfluencers," or children with social media channels, have been gaining sizable followings. Some influencers have enough followers to monetize their platforms with sponsorships or collaborations. There are many cases of child influencers whose platforms earn millions of dollars annually. However, the children featured in these channels rarely own their platforms. Children generally trust their parents to have their best interests in mind. Unfortunately, some cases of parental exploitation of their children’s popularity have shown why child influencers need legal protection.

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Why Would a Divorce Be Contested?

 Posted on July 08, 2024 in Divorce

IL divorce lawyerEnding a marriage is rarely an easy decision. Even when both spouses agree that separation is the best path forward, the divorce process can be emotionally taxing. In an ideal world, couples would always part ways amicably, working together to create fair arrangements for property division, finances, and, if applicable, child custody. However, real life is often more complicated, and sometimes, divorces become contested.

A contested divorce occurs when spouses cannot agree on one or more issues. This situation can arise even between couples who still maintain mutual respect. It is not about being difficult or uncooperative; it often stems from genuine concerns or differing perspectives on what constitutes a fair resolution. An Illinois lawyer can help you determine what to do with a contested divorce.

Common Reasons for Contested Divorces

  • Child-related matters: Parents naturally prioritize their children’s well-being. Disagreements may arise over custody arrangements, parenting time, or decision-making responsibilities. Each parent might have a different vision of what best serves their children’s interests.

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Dealing with False Accusations of Domestic Violence

 Posted on June 20, 2024 in Domestic Violence

IL defense lawyerDomestic violence accusations are taken very seriously in Illinois. To ensure that all victims are protected, there is a streamlined process in place that does not always require corroborating accusations before taking action. If your wife has falsely accused you of domestic abuse, the court might grant her an Order of Protection, and you can be legally obligated to maintain a distance from your home and even your children until it is resolved. She might even get an Emergency Order of Protection, which is issued almost immediately without hardly any bureaucracy or processing delays. Fortunately, if you can demonstrate that her claims are false, you have options. If you are facing false accusations of domestic violence, contact a passionate DuPage County, IL family law attorney to understand how you can fight them.

Responding to an Emergency Order of Protection

Accusations of domestic abuse are taken seriously. There is a dedicated procedure that needs to be carried out for the court to determine whether the accusations are valid and an Order of Protection should be issued. However, based on the accuser’s testimony alone, an Emergency Order of Protection (EOP). This is a form of a restraining order that can take effect immediately. It is not issued instead of a regular Order of Protection but just used until the court completes the regular process to prove that an Order of Protection is necessary. If the court issues an EOP, you will be given information about:

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