Posted on August 14, 2024 in Family Law

When people hear that someone is signing a postnuptial agreement, they might mistakenly think it means that they are headed toward divorce. Depending on the couple, the opposite might be true. You may be surprised to learn some of the reasons why a postnuptial agreement can be a positive step for couples. If you and your spouse are considering signing a postnuptial agreement, speak with an experienced DuPage County, IL family law attorney to learn more.

Benefits of a Postnuptial Agreement

Postnuptial agreements sometimes get a bad rap. People wrongly assume it means the couple is laying the groundwork for an eventual divorce. The truth is, having one can be a refreshing way to move forward as a couple, and some people feel like a huge weight has been lifted off their shoulders after signing one. Some reasons why include:

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 Posted on August 09, 2024 in Family Law

More and more kids are creating their own social media platforms and content channels and are gaining their own followings. These child influencers often appear in videos, pictures, or live streams and tend to include child-related topics like product and food reviews, vacation diaries, and daily life vlogs. If you are a parent of a child influencer in Illinois, there are laws you should know about that can affect you and your child. If you have questions about issues like privacy, income, and working hours for young social media stars, speak with a knowledgeable Kane County, IL family law attorney to find out more.

Laws and Regulations Related to Child Influencers

Illinois law includes several responsibilities that parents or other legal guardians of child influencers need to abide by. These include:

• Protecting privacy: Illinois has strict privacy laws to protect children. If your child is an influencer, you need to be careful about any personal information about them that is shared online. You should avoid posting your child’s address, school name, or other private details that could be misused. The Illinois Children’s Privacy Law helps protect kids’ personal information online, and it is important to follow these rules to keep your child safe.

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 Posted on August 07, 2024 in Domestic Violence

According to various reports, domestic violence deaths increased in Illinois by 110% in the year 2023. This troubling fact highlights the need for serious legal protection and support for victims. This is a real issue affecting families and communities and it needs real responses. This article will explain some legal measures that are already in place to help victims of domestic violence. If you are a victim and need legal advice, speak with a knowledgeable and compassionate St. Charles, IL family law attorney who can guide you at this difficult time.

Restraining Orders to Combat Domestic Violence

Legal measures exist to protect victims and prevent further violence. An order of protection, commonly known as a restraining order, is one of them. This legal order can help keep abusers away and provide safety for victims by imposing physical restrictions on where they can be in relation to their victims. It can include rules like prohibiting the abuser from contacting or coming near the victim or going to the victim’s school, work, or home.

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 Posted on August 07, 2024 in Asset Division

When a couple decides to end their marriage, there are many things they need to figure out how to split. Whether they own a home, have children, or founded a business together, it can be complicated going from being a couple to becoming two single individuals. One of the things that people often ask about is what happens with their retirement funds if they get a divorce. This article will explain a bit about how these funds would likely be divided. If you have further questions, speak with a knowledgeable Wheaton, IL divorce lawyer to find out more.

How Are the Funds Divided?

In Illinois, retirement funds are considered marital property if they were accumulated during the marriage. This means that both spouses might have a valid claim to them. The division of retirement accounts is usually part of the overall property division process in a divorce. To understand how a couple’s retirement funds might be divided, there are several things to consider:

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 Posted on July 31, 2024 in Child Custody

Homeschooling, once a fringe alternative to public and private schools, has become the fastest-growing form of education in the United States. At least five million K-12 children in the U.S., or 11.1 percent, are educated at home. Homeschooling has exploded since the pandemic, particularly among minorities. 

However, there are still plenty of parents who feel homeschooling is not the right move for their child. Home education can thus become a thorny disagreement for divorced parents who have opposing views on the subject. Ultimately, the decision will depend on how the parental responsibilities are divided, which this article will discuss. Consult an Illinois child custody attorney if you have disagreements with your ex-spouse that may affect your child.

What Are Parental Responsibilities?

There are two components to child custody. There is physical custody, which Illinois law calls parenting time, and there is legal custody, which Illinois law calls parental responsibilities. Parental responsibilities refer to a parent’s obligation to make major decisions for the child, namely in the following three areas:

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 Posted on July 30, 2024 in Family Law

Child support is a legal measure that courts use to make sure children’s needs are met after a divorce. Both parents are usually obligated to pay child support, though how much they pay depends on factors like custody arrangements and annual income. When a judge orders child support payments, it is after considering the child’s educational and developmental needs. These include any disabilities that might require extra care.

Parents may stop paying child support payments in certain cases, though you should always check with an Illinois child support attorney before you stop making child support payments.

When Can I Stop Paying Child Support?

Parents are usually absolved from paying child support in the following cases:

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 Posted on July 25, 2024 in Children and Divorce

Going through a divorce and adjusting to life afterward is usually challenging for both spouses. While you may seek support for yourself, it is important to remember that the divorce process can have even more difficult effects on your minor children. A child’s emotional confusion and turmoil is often expressed through changes in behavior.

Understanding the underlying causes of these behavioral issues can help you address them more effectively. Co-parents need to be consistent to increase their chances of successfully dealing with and eliminating their child’s unhealthy behaviors. The right Kane County, IL child custody lawyer can help you draft a comprehensive parenting plan that establishes parental responsibilities and clear communication methods for parents to discuss issues involving your child.

Why Do Children’s Behaviors Sometimes Change During Divorce?

Children have specific needs, and divorce often disrupts their lives. Some of these needs change as children grow, so a child’s age is an important factor in behavioral changes. Many children are unable to process the confusion, stress, and emotional turmoil that often accompanies divorce. When internal processing is not possible, children may express their feelings through changes in behavior, such as:

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 Posted on July 22, 2024 in Divorce

When people think of the divorce process, they often imagine arguing their case before a judge. This is called litigation, and it is considered a traditional way to dissolve a marriage. It is also, however, considered a last resort. A court battle between two divorcing parties can be extremely costly and time-consuming, which may be why only five percent of divorces end up in litigation.

Most divorces are settled out of court in a process called alternative dispute resolution. There are two main types of alternative dispute resolution used for divorce settlements:

• Mediation

• Collaborative divorce

While mediation is more common, collaborative divorce is also rising in popularity. Both are best done with the help of an Illinois divorce attorney. This article will discuss what collaborative divorce is and its pros and cons.

What Is Collaborative Divorce?

Collaborative divorce is a private divorce process in which the attorneys for each side work together to try to reach a settlement. Each lawyer may hire teams of experts as needed, professionals who are neutral parties and can assist in certain areas. For example, one of the attorneys may retain a child development expert to shed light on a child custody issue. The other might bring in a forensic accountant to find hidden marital assets.

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 Posted on July 22, 2024 in Asset Division

People who decide to get divorced face many unknowns, particularly when it comes to property division. When two people dissolve their marriage, the law entitles both of them to marital property. Also referred to as marital assets, marital property is anything that was acquired during the marriage. There are some exceptions to this rule, but most possessions gained after the wedding belong to both spouses.

The operative question, then, is how is this marital property divided? Who, for example, gets the family car? This article will discuss that question and the mechanics of property division. Be sure to speak with an Illinois divorce attorney if you have any questions about dividing property in an Illinois divorce.

How Is Property Divided in an Illinois Divorce?

Illinois law is relatively vague about how property should be divided in a divorce. It does, however, tell us the following:

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 Posted on July 20, 2024 in Property Division

Up until January 1, 2016, you needed a good reason to get divorced in Illinois. You had to show the court that either you or your spouse was at fault for causing the divorce by engaging in certain behaviors like adultery, substance abuse, alcohol abuse, mental or physical cruelty, abandonment, and more.

But since 2016, Illinois has been a no-fault divorce state. This means that the law does not blame either spouse for causing the divorce, and you no longer need to show a court that one of the parties destroyed the marriage. All you need to tell a court when filing the divorce papers is that you and your spouse have "irreconcilable differences."

This change in the law not only made getting divorced easier but also affected the divorce process. In this article, we will discuss how no-fault divorce specifically impacts property division. To find out how no-fault divorce impacts other parts of the divorce procedure, contact an Illinois no-fault divorce attorney.

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