Posted on February 10, 2020 in Family Law

Many have heard the word “prenup,” but “postnup” has not received nearly as much coverage. Prenuptial agreements are typically discussed in the news as wealthy celebrities tie the knot, yet many have never heard the term postnuptial agreement. In the past, prenups have been “reserved” for the rich and disregarded by the average American. The tides have turned as millennials have changed the average age for marriage. Now that newlyweds have been getting married at a later age, they often have larger savings accounts and more to lose in the instance of divorce. Prenups are a good safety net for any married couple, and postnups have begun to rise in popularity as well. Understanding the difference between the two and knowing their benefits is information that every couple should take the time to learn about before signing on the dotted line.

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 Posted on January 31, 2020 in Child Custody

Relocating your family to a new environment can play a role in your divorce proceeding or come up after the ink has dried on your divorce papers.

Although you believe moving your child 500 miles away from where your divorce occurred will be good for them, the court and your child’s other parent may not agree.

In Illinois, the parent with primary parenting time does not need court approval to move with their children if the other parent does not object or the move is within 25 miles of their current residence in Will, Cook, DuPage, Kane, Lake or McHenry counties. For other counties, the limit is 50 miles. Any move outside of those set mile ranges must be filed by written notice and approved by the court.

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 Posted on January 26, 2020 in Child Support

In Illinois, child support stops once the child turns 18 or when they have graduated high school – whichever happens later. Under Illinois divorce law, the court may order a parent to help pay for a child’s college expenses after child support has ended if the child is planning to continue their education. Although child support is required to be paid even for parents who never got married, Illinois does not require college expense payments to be made. If your child is planning to go to college, it is important to consult with a knowledgeable family law attorney to file a petition for college expense payments to be granted to your child since it will not automatically go into effect.

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 Posted on January 21, 2020 in Child Custody

When parents are in the middle of a battle over the allocation of parental responsibilities, the state of affairs can be intense. In some cases, the parenting dispute can result in one parent taking the child without the consent and knowledge of the other parent or the court. Despite their status as a legal parent, this still qualifies as “kidnapping” or “child abduction” and can turn a civil case into a criminal case with harsh consequences for the offending parent.

Child Abduction

Kidnapping is a felony in Illinois, and a conviction can result in fines, probation and jail time. An individual will be charged with child abduction when he/she does one of the following: 

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 Posted on January 12, 2020 in Family Law

Adopting a child is not something to take lightly. Whether you are a grandparent, brother, sister, step-brother, step-sister, aunt, uncle, or unrelated to the child you wish to adopt, once the adoption process is complete, you are responsible for making sound-of-mind decisions based on the best interest of the child.

However, if you have a criminal record, adopting a child may be more difficult, or in some circumstances, off the table.

What To Expect

According to the Illinois Adoption Act, the following is done during the adoption process:

• A fingerprint-based FBI and state criminal background check. This background check is mandatory for the prospective adoptive parent(s), as well as anyone living in the household. The results of the criminal background check are then given to the court for its review. The court may weigh the significance of the results before continuing or suspending the adoption process.

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 Posted on December 31, 2019 in Family Law

Prenuptial agreements are not mandatory within an Illinois marriage, but any engaged couple that has personal or business assets may want to protect what is theirs before getting married.

A prenuptial agreement is a written agreement that both you and your future spouse construct before getting married. This agreement lays out how property and assets will be divided if divorce or death were to occur. Items that can be included within a prenuptial agreement include:

• Division of property and/or assets
• The right to manage and control property belonging to the other spouse

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 Posted on December 27, 2019 in Divorce

Grey divorce, also known as Silver Splitter or Diamond Divorcees, refers to the older “grey-haired” couples who decide to file for divorce after being in long-term marriages. According to the Pew Research Center, a study conducted by the National Center for Health Statistics and U.S. Census Bureau found that for every 1,000 married couples aged 50 and over, 10 of them ended in divorce. Grey divorce entails many issues a traditional divorce carries, such as the division of marital property and assets and spousal maintenance, but is unlikely to include the allocation of parental responsibilities or child support.

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 Posted on December 20, 2019 in Divorce

Going through a divorce is tough, but going through a divorce during the holidays can add to the hurt.

If this is your first holiday season since separating from your spouse, it is natural to feel lonely and sad. It is important to not let these emotions control you and prevent you from enjoying the holidays. Here are a few tips and tricks to help you maintain your mental health and manage your stress throughout the holidays:

1. Take It One Day at a Time: It is only natural to want to rush through a time in your life that you would rather not be present for. Remain focused on the here and now, and take each holiday as it comes.
2. Do Not Skip Out on Spending Time with Family and Friends: As much as you want to spend time alone, your family and friends are your support system and people you should lean on during this hard time. If an invite is offered, take it.

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 Posted on December 13, 2019 in Divorce

Divorce is a common challenge that people face in their lives. According to the Illinois Department of Public Health, 75,131 couples got married, while 26,132 got divorced in 2016. Tensions run high, and it is easy to find yourself doing or saying things that can cause additional issues. Listed below are the top ten things you should steer clear of doing during your divorce: 

1. Do Not Post on Social Media: Nothing is private on the internet. Avoid Facebook, Twitter, Instagram, and any other social media outlet during your divorce, as anything and everything can be used as evidence against you.
   

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 Posted on November 30, 2019 in Divorce

Contrary to what you see in movies and television shows, settling your divorce case in court is almost always a last resort. Illinois courts highly encourage couples to try to make decisions pertaining to their divorce on their own without outside intervention. Not only does that save you time and money, but it also allows you to keep the control in your hands and enables you to decide your own future. Some couples have tried to avoid going to court and are unable to come to their own resolutions, but most couples see the benefit of settling their divorce outside of court or filing for an uncontested divorce.

What is an Uncontested Divorce?

Almost all divorces contain the same issues that must be settled before the divorce can be completed. These issues include:

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