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Joliet divorce attorneysDo you turn to social media to seek out support from others who share similar experiences or do you use it as a personal diary to vent about your problems? Now that social media has become so integral to our lives, these digital platforms take on different meanings for everyone. Depending on your current circumstances, social media can be a fun pastime or an emotional outlet, but when it comes to your divorce, these platforms should always remain neutral. When divorces become contentious and conflict begins to arise, social media accounts are one of the first places that your spouse’s attorney will turn for evidence in his or her favor.

Areas of Concern

The two places where contention typically surfaces is during child custody determinations and the asset division process. If your co-parent is dead set on parenting alone, they will need to provide an explanation of why you are not fit to be a parent. In some instances, these accusations can be made out spite for the conflict that occurred during your marriage, rather than a true testament of your ability to act as a responsible parent. Whether or not the accusations are actually true, social media posts can make it easy to convince the judge otherwise. A number of photos of you out with some friends, holding a beer in one hand, can be misconstrued as a common occurrence of alcohol abuse. Without adequate or accurate context, a judge can view the series of photos as a testament of your character and ability to safely parent your child, resulting in reduced or even supervised child custody orders.

Additionally, your social media presence can be telling of your financial situation. When it comes to asset division and spousal maintenance decisions, the court will decide who gets what based on each spouse’s income and personal savings. If you claim that you have a very limited income, asking for consistent spousal support or a particular marital asset, then post a photo of you on vacation, the judge can easily get the wrong idea. Even if you planned the vacation well in advance of your divorce or the trip was a gift from a close family member, your spouse can attempt to spin the situation to work in his or her favor.

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Joliet divorce attorneysDetermining what to do with your family home during the asset division process can be a difficult task. For some, it may be obvious who will be keeping the house and who will be moving out. For others, it may be a contentious conversation to have during your divorce proceedings. Illinois divides marital property equitably, but not necessarily equally, and this reality can leave you wondering how you and your spouse will each be granted equivalent amounts of marital property if your family home is your most expensive asset. With the help of a reputable divorce attorney, you can be fully informed on the options available to you and will receive your fair share.

Dividing Your Large Assets

For those who have more than one large asset, determining who gets the family home may not seem like an unfair discussion. If you and your spouse have multiple large assets, such as luxury cars or a vacation home, you may just agree to have one spouse keep the home and the other keep the second large asset. This is the easier route to take if it is a possibility, but for most families, their home is their one and only particularly large asset.

Buy Out Your Spouse

In order to avoid having one spouse benefit by receiving the largest asset, while the other spouse feels short-changed, the spouse who intends on keeping the marital home can buy out their former spouse. This requires an official appraisal of your house’s current market value, dividing the number in half, and the new sole-homeowner paying their former spouse for their half of the ownership. This is a common solution used by divorcing parents, allowing the children to remain in their current home with one parent while the other parent finds alternative housing.

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Is My Prenuptial Agreement Valid in Illinois?If you could protect yourself from an unpredictable future, would you do it? Many engaged couples have come to the realization that protecting yourself from the unknown is better than being unprepared. As a bright-eyed and recently engaged couple, divorce is likely not at the forefront of your mind. You are probably spending time thinking about the fun part of the engagement: planning a wedding and a future together. Just as nailing down the details of your wedding arrangements is critical for a successful wedding day, recognizing and preparing for the possibility of divorce can also lead to a better marriage. The unpredictability of an ending relationship can add anxiety and tension to marriage, whereas having things planned out with the help of a prenuptial agreement can ease your worried mind. If you are considering signing a prenup, you should be aware of the following mistakes that can make your agreement invalid in a court of law.

DIY Disaster

As is the case with most legal proceedings, generic legal forms can be found on the internet and filled out by each spouse to act as their prenuptial agreement. Rarely do these unsupervised and uninformed DIY prenups hold up in a court of law. Trying to cut out the cost of an attorney and create your own prenuptial agreement with your spouse can actually lead you to spend more time and money in court later on. Working with an attorney is critical for ensuring equality within the agreement, compliance with your state’s laws, and proper filing of the legal document.

Full Disclosure

The most common reason why couples decide to create a prenuptial agreement is to divide their assets and debts evenly before emotions are heightened by the stress and devastation of divorce. It is imperative that you and your spouse fully disclose your assets and debts in the agreement. Failure to do so can invalidate the entire agreement. If you do not disclose your financial background, the court may assume that you were trying to conceal assets and keep them out of the divorce and your spouse’s hands. Whether intentional or not, you could find yourself scratching your entire prenuptial agreement if things are left unsaid.

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Three Signs That You Should Create a ‘Postnup’Prenuptial agreements are known to have a certain stigma to them. When someone says the word “prenup,” you often think about wealthy, Hollywood couples who are not meant to last together or people getting married for the second time who have significant assets from their previous marriage. This stereotype is far from the truth as more and more couples are selecting to sign a prenup before saying “I do.” These legal agreements have become more normalized in the past decade as couples decide to get married later in life, with more financial assets in tow. What you may not have heard of is a postnuptial agreement. This serves the same purpose as a prenuptial agreement, but it is signed after the marriage has begun. You may think that it seems crazy to sign a “divorce agreement” before or after getting married, but there are situations where it benefits you to have a postnup:

  1. You Own a Business: One of the most uncomfortable and unfair properties to divide in a divorce is a business. For families who open a business together, the company will need to be bought out by one party or divided between both spouses. This can be a difficult division since you both built the business together. In the instance where one spouse comes into the marriage with a successful business, this division can seem unfair since the other spouse had no part in its creation. Business owners may decide to sign a postnuptial agreement to protect their business in case of a divorce. If the couple does not get divorced, both spouses will continue to reap the benefits from their business.
  2. You Have Children From Your First Marriage: Individuals who get married later in life may have already been married previously and have children. Prenups and postnups are more common with second marriages since the couples have seen how divorce can lead to a contentious legal battle without one. Those who have children from their first marriage should consider signing a postnup to designate the division of assets in the event of his or her divorce or death. You and your second spouse may or may not be considering having children, but naming what is owed to the children of your first marriage is a good idea regardless of any new children that may or may not come along the way.
  3. You Received an Inheritance: It can seem uncomfortable to onlookers for those who are married to allocate what is theirs when they are not considering divorce. However, it is not a good idea to allow this stigma to result in your spouse receiving half of a large inheritance that has been indebted to you your entire life. For those who receive an inheritance in the middle of their marriage, it may be a good idea to write up a postnuptial agreement and make it clear that they intend to protect their inheritance during a divorce. 

Call a Joliet Postnuptial Agreement Lawyer

There has been some deliberation about the validity of postnuptial agreements, especially since they are signed after the start of a marriage. Illinois recognizes them, but there are a number of factors that could invalidate your entire agreement if they are included. It is important to seek out the assistance of an experienced attorney who is well versed in Illinois family law. The Foray Firm has a team of legal professionals who are waiting to assist you and your spouse with the creation of this legal agreement. If you are considering signing a prenup or would like more information about what this legal document can do for you, contact our Homewood prenuptial agreement attorneys at 312-702-1293 for a free consultation. 

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Will County child custody attorney

Many people do not realize the number of steps included in the divorce process, and this number only increases when children are involved. While many may think dividing your belongings is the most difficult portion, formulating a parenting plan can often create the most conflict between divorcing couples. Learning to “share” your child with your ex when you do not live together is difficult for every parent. From the outside, it may seem obvious how you should divide the parenting time; however, this can change during the divorce proceedings. Understanding what is included in a parenting plan and what the various options are is a good idea before stepping into your legal meetings.

 

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